Health Care Providers - Assisted Reproductive Treatment - Informed Consent and Fraud

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0209*

HOUSE BILL 209
J1, J3 6lr1633
HB 95/25 – HGO (PRE–FILED)
By: Delegate Allen
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Health

A BILL ENTITLED

AN ACT concerning 1

Health Care Providers – Assisted Reproductive Treatment – Informed Consent 2
and Fraud 3

FOR the purpose of prohibiting a health care provider from using the health care provider’s 4
human reproductive material when providing assiste d reproductive treatment 5
without the consent of the recipient of the treatment; prohibiting a health care 6
provider from using a donor’s human reproductive material to provide assisted 7
reproductive treatment without the donor’s informed consent or in a manner that is 8
inconsistent with the donor’s consent; requiring a health care provider to obtain 9
certain informed consent before providing assist ed reproductive treatment; 10
prohibiting a health care provider and an em ployee of a health care provider from 11
misrepresenting certain information regarding human reproductive material or the 12
donor of the material to the recipient of an assisted reproductive treatment; and 13
generally relating to assisted reproductive treatment and health care provider fraud. 14

BY adding to 15
Article – Health – General 16
Section 20–112 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21

Article – Health – General 22

20–112. 23

2 HOUSE BILL 209

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2

(2) (I) “ASSISTED REPRODUCTIVE TREATMENT” MEANS A METHOD 3
OF CAUSING PREGNANCY OTHER THAN THROUGH SEXUAL INTERCOURSE. 4

(II) “ASSISTED REPRODUCTIVE TREATMENT” INCLUDES: 5

1. DONATION OF EGGS OR SPERM; 6

2. DONATION OF EMBRYOS; 7

3. INTRACYTOPLASMIC SPERM INJECTION; 8

4. INTRAUTERINE OR INTRA CERVICAL INSEMINATIO N; 9
AND 10

5. IN VITRO FERTILIZATION AND EMBRYO TRANSFER. 11

(3) “DONOR” MEANS AN INDIVIDUAL WHO PROVIDES , WITH OR 12
WITHOUT CONSIDERATION, SPERM OR AN OVUM INT ENDED FOR USE IN ASS ISTED 13
REPRODUCTIVE TREATMENT. 14

(4) “HEALTH CARE PROVIDER ” MEANS AN INDIVIDUAL WHO IS 15
LICENSED, CERTIFIED, OR OTHERWISE AUTHO RIZED UNDER THE HEALTH 16
OCCUPATIONS ARTICLE TO PROVIDE ASSISTED REPRODUCTIVE TREATMENT. 17

(5) “HUMAN REPRODUCTIVE MATERIAL” MEANS: 18

(I) A HUMAN SPERMATOZOON; 19

(II) A HUMAN OVUM; OR 20

(III) A HUMAN ORGANISM AT AN Y STAGE OF DEVELOPME NT 21
FROM FERTILIZED OVUM TO EMBRYO. 22

(6) “INFORMED CONSENT” MEANS A WRITTEN DOCUMENT THAT: 23

(I) IS SIGNED BY THE PATIENT; AND 24

(II) IS ATTESTED TO BY THE PATIENT’S TREATING HEALTH 25
CARE PROVIDER AND A WITNESS. 26

HOUSE BILL 209 3

(B) BEFORE PROVIDING AN A SSISTED REPRODUCTIVE TREATMENT, A 1
HEALTH CARE PROVIDER SHALL: 2

(1) OBTAIN A DONOR ’S WRITTEN CONSENT TO USE THE DONOR ’S 3
HUMAN REPRODUCTIVE MATERIAL; 4

(2) OBTAIN A RECIPIENT ’S CONSENT TO USE A S PECIFIC DONOR ’S 5
HUMAN REPRODUCTIVE MATERIAL; 6

(3) ENSURE THAT CONSENT FOR THE USE OF HUMAN REPRODUCTIVE 7
MATERIAL IS PROVIDED ON A FORM THAT IS DI STINCT AND SEPARATE FROM ANY 8
OTHER CONSENT FORM; AND 9

(4) MAINTAIN A COPY OF WRITTEN CONSENT OBTAINED UNDER ITEM 10
(1) OR (2) OF THIS SUBSECTION IN THE PROVIDER’S PATIENT RECORDS. 11

(C) (1) A HEALTH CARE PROVIDER SHALL: 12

(I) USE HUMAN REPRODUCTIV E MATERIAL FROM A DO NOR 13
WITH THE RECIPIENT ’S INFORMED CONSENT T O USE THAT DONOR ’S HUMAN 14
REPRODUCTIVE MATERIAL DURING ASSISTED REPRODUCTIVE TREATMENT; 15

(II) USE A DONOR ’S HUMAN REPRODUCTIVE MATERIAL FOR 16
ASSISTED REPRODUCTIVE TREATMENT: 17

1. WITH THE DONOR’S INFORMED CONSENT; AND 18

2. IN A MANNER THAT IS C ONSISTENT WITH THE 19
DONOR’S INFORMED CONSENT; 20

(III) INFORM THE RECIPIENT OF ANY MISUSE , 21
MISREPRESENTATION, OR ERROR INVOLVING T HE HUMAN REPRODUCTIVE 22
MATERIAL USED IN THE ASSISTED REPRODUCTIVE TREATMENT; AND 23

(IV) REPORT MISUSE , MISREPRESENTATION, OR ERROR 24
INVOLVING THE HUMAN REPRODUCTIVE MATERIA L USED IN THE ASSIST ED 25
REPRODUCTIVE TREATMENT TO THE HEALTH CARE PROVIDER’S LICENSING BOARD. 26

(2) A HEALTH CARE PROVIDER MAY NOT: 27

(I) INTENTIONALLY OR KNOW INGLY PROVIDE ASSIST ED 28
REPRODUCTIVE TREATMENT TO A PATIENT USIN G THE HEALTH CARE PR OVIDER’S 29
SPERM OR OVUM WITHOU T THE PATIENT ’S INFORMED CONSENT T O ASSISTED 30
4 HOUSE BILL 209

REPRODUCTIVE TREATME NT USING TH E HEALTH CARE PROVID ER’S SPERM OR 1
OVUM; OR 2

(II) PROVIDE ASSISTED REPR ODUCTIVE TREATMENT U SING A 3
DONOR’S SPERM OR OVUM IF THE HEALTH CARE PROVIDER KNOWS OR REASONABLY 4
SHOULD KNOW THAT THE HUMAN REPRODUCTIVE MATERIAL WAS USED: 5

1. WITHOUT THE DONOR’S CONSENT; OR 6

2. IN A MANNER INCONSIST ENT WITH THE DONOR ’S 7
CONSENT. 8

(3) A HEALTH CARE PROVIDER OR AN EMPLOYEE OF A HEALTH CARE 9
PROVIDER WHO HANDLES HUMAN REPRODUCTIVE MATERIAL MAY NOT: 10

(I) MISREPRESENT THE QUAL ITY OF THE HUMAN 11
REPRODUCTIVE MATERIAL TO THE RECI PIENT OF AN ASSISTED REPRODUCTIVE 12
TREATMENT; OR 13

(II) MISREPRESENT ANY INFO RMATION ABOUT THE DO NOR’S 14
IDENTITY, GENETIC CHARACTERISTICS, OR MEDICAL HISTORY T O THE RECIPIENT 15
OF AN ASSISTED REPRODUCTIVE TREATMENT. 16

(D) (1) A HEALTH CARE PROVIDER WHO VIOLATES SUBSECTION (C)(2)(I) 17
OF THIS SECTION IS LIABLE FOR CIVIL DAMAGES IN AN ACTION BROUGHT BY: 18

(I) THE WOMAN WHO GIVES B IRTH TO A CHILD AFTE R 19
RECEIVING THE ASSISTED REPRODUCTIVE TREATMENT; 20

(II) THE SPOUSE OR DOMESTIC PARTNER OF THE WOMAN WHO 21
GIVES BIRTH TO A CHI LD AFTER RECEIVING T HE ASSISTED REPRODUC TIVE 22
TREATMENT; OR 23

(III) THE CHILD BORN AS A R ESULT OF THE ASSISTE D 24
REPRODUCTIVE TREATMENT. 25

(2) A HEALTH CARE PROVIDER WHO VIOLATES SUBSECTION (C)(2)(II) 26
OF THIS SECTION IS L IABLE FOR CIVIL DAMAGE S IN AN ACTION BROUG HT BY A 27
DONOR WHOSE HUMAN REPRODUCTIVE MATERIAL WAS USED BY THE HEALTH CARE 28
PROVIDER FOR ASSISTED REPRODUCTIVE TREATME NT WITHOUT THE DONOR ’S 29
CONSENT OR NOT IN COMPLIANCE WITH THE DONOR’S CONSENT. 30

HOUSE BILL 209 5

(3) AN INDIVIDUAL WHO BRINGS AN ACTION UNDER THIS SECTION 1
MAY ASSERT A SEPARATE CAUSE OF ACTION: 2

(I) FOR A VIOLATION OF SU BSECTION (C)(2)(I) OF THIS 3
SECTION, FOR EACH CHILD BORN AS THE RESULT OF THE ASSISTED REPRODUCTIVE 4
TREATMENT; AND 5

(II) FOR A VIOLATION OF SU BSECTION (C)(2)(II) OF THIS 6
SECTION, FOR EACH INDIVIDUAL WHO RECEIVED ASSISTE D REPRODUCTIVE 7
TREATMENT WITH THE DONOR’S HUMAN REPRODUCTIVE MATERIAL. 8

(4) A CHILD BORN AS A RESU LT OF ASSISTED REPRO DUCTIVE 9
TREATMENT PROVIDED B Y A HEALTH CARE PROV IDER IN VIOLAT ION OF 10
SUBSECTION (C)(2)(I) OF THIS SECTION IS ENTITLED TO A QUALIFIED PROTECTIVE 11
ORDER ALLOWING THE C HILD ACCESS TO THE P ERSONAL MEDICAL RECORDS AND 12
HEALTH HISTORY OF THE HEALTH CARE PROVIDER. 13

(5) A CIVIL ACTION UNDER THIS SECTION SHALL BE FILED: 14

(I) WITHIN 10 YEARS AFTER THE CHILD BORN AS A RESULT OF 15
THE ASSISTED REPRODUCTIVE TREATMENT REACHES THE AGE OF 18 YEARS; 16

(II) WITHIN 20 YEARS AFTER THE DAY ON WHICH THE ASSISTED 17
REPRODUCTIVE TREATMENT WAS PROVIDED; OR 18

(III) WITHIN 2 YEARS AFTER THE DAY ON WHICH AN INDIVIDUAL 19
FIRST DISCOVERS SUFF ICIENT EVIDENCE THRO UGH DNA ANALYSIS THAT THE 20
INDIVIDUAL HAS A CAU SE OF ACTION AGAINST A HEALTH CARE PROVID ER UNDER 21
THIS SECTION. 22

(6) A PLAINTIFF WHO PREVAILS IN AN ACTION BROUGHT UNDER THIS 23
SECTION SHALL BE ENTITLED TO: 24

(I) FOR AN ACTION BROUGHT UNDER SUBSECTION (C)(2)(I) OF 25
THIS SECTION, THE COSTS OF THE ASSISTED REPRODUCTIVE TREATMENT; 26

(II) LIQUIDATED DAMAGES NOT TO EXCEED $50,000; 27

(III) COMPENSATORY DAMAGES; AND 28

(IV) REASONABLE ATTORNEY’S FEES AND COSTS. 29

6 HOUSE BILL 209

(E) (1) A HEALTH CARE PROVIDER MAY NOT INTENTIONALL Y OR 1
KNOWINGLY PROVIDE ASSISTED REPRODUCTIVE TREATMENT TO A PATIENT USING 2
THE HEALTH CARE PROVIDER’S SPERMATOZOON OR OVUM WITHOUT THE PATIENT’S 3
INFORMED CONSENT TO ASSISTED REPRODUCTIVE TREATMENT USING THE HEALTH 4
CARE PROVIDER’S SPERMATOZOON OR OVUM. 5

(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION 6
IS GUILTY OF A FELON Y AND ON CONVICTION IS SUBJECT TO IMPRIS ONMENT NOT 7
EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 8

(F) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT A PERSON FROM 9
PURSUING ANY OTHER REMEDY PROVIDED BY LAW. 10

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2026. 12