Criminal Law - Fraud - Assisted Reproductive Treatment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0645*

HOUSE BILL 645
E1 6lr2819

By: Delegate Allen Delegates Allen, Cardin, Phillips, Simmons, Moreno, Arikan,
Taylor, Conaway, and Woods
Introduced and read first time: January 30, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Law – Fraud – Assisted Reproductive Treatment 2

FOR the purpose of prohibiting a person from intentionally or knowingly providing certain 3
assisted reproductive treatment to another using the person’s sperm or ovum 4
without the other’s written consent to assisted reproductive treatment using the 5
person’s sperm or ovum; establishing a civil cause of action for a violation of this Act; 6
and generally relating to fraud. 7

BY adding to 8
Article – Criminal Law 9
Section 8–906 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Criminal Law 15

8–906. 16

(A) (1) IN THIS SECTION , “ASSISTED REPRODUCTIV E TREATMENT ” 17
MEANS A METHOD OF CA USING PREGNANCY OTHE R THAN THROUGH SEXUA L 18
INTERCOURSE. 19
2 HOUSE BILL 645

(2) “ASSISTED REPRODUCTIVE TREATMENT” INCLUDES: 1

(I) DONATION OF EGGS OR SPERM; 2

(II) DONATION OF EMBRYOS; 3

(III) INTRACYTOPLASMIC SPERM INJECTION; 4

(IV) INTRAUTERINE OR INTRACERVICAL INSEMINATION; AND 5

(V) IN VITRO FERTILIZATION AND EMBRYO TRANSFER. 6

(B) (1) A PERSON MAY NOT INTEN TIONALLY OR KNOWINGL Y PROVIDE 7
ASSISTED REPRODUCTIVE TREATMENT TO ANOTH ER USING THE PERSON ’S SPERM 8
OR OVUM WITHOUT THE OTHER’S WRITTEN CONSENT TO ASSISTED REPRODUCTIVE 9
TREATMENT USING THE PERSON’S SPERM OR OVUM. 10

(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION 11
IS GUILTY OF A FELON Y AND ON CONVICTION IS SUBJECT TO IMPRIS ONMENT NOT 12
EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 13

(C) (1) A PERSON WHO VIOLATES SUBSECTION (B) OF T HIS SECTION IS 14
LIABLE FOR CIVIL DAMAGES IN AN ACTION BROUGHT BY: 15

(I) THE WOMAN WHO GIVES BIRTH TO A CHILD AFT ER 16
RECEIVING THE ASSISTED REPRODUCTIVE TREATMENT; 17

(II) THE SPOUSE OR DOMEST IC PARTNER OF THE WO MAN WHO 18
GIVES BIRTH TO A CHI LD AFTER RECEIVI NG THE ASSISTED REPR ODUCTIVE 19
TREATMENT; OR 20

(III) THE CHILD BORN AS A RESULT OF THE ASSIST ED 21
REPRODUCTIVE TREATMENT. 22

(2) A CHILD BORN AS A RESU LT OF ASSISTED REPRO DUCTIVE 23
TREATMENT PROVIDED B Y A PERSON IN VIOLAT ION OF SUBSECTION (B) OF THIS 24
SECTION IS ENTITLED TO A QUALIFIED PROTECTIVE ORDER ALLOWING THE CHILD 25
ACCESS TO THE PERSON AL MEDICAL RECORDS A ND HEALTH HISTORY OF THE 26
PERSON. 27

(3) A CIVIL ACTION UNDER THIS SECTION SHALL BE FILED: 28

HOUSE BILL 645 3

(I) WITHIN 10 YEARS AFTER THE CHILD BORN AS A RESULT OF 1
THE ASSISTED REPRODUCTIVE TREATMENT REACHES THE AGE OF 18 YEARS; 2

(II) WITHIN 20 YEARS AFTER THE DAY ON WHICH THE ASSISTED 3
REPRODUCTIVE TREATMENT WAS PROVIDED; OR 4

(III) WITHIN 2 YEARS AFTER THE DAY ON WHICH AN INDIVIDUAL 5
FIRST DISCOVERS SUFF ICIENT EVIDENCE THRO UGH DNA ANALYSIS THAT THE 6
INDIVIDUAL HAS A CAUSE OF ACTION AGAINST A PERSON UNDER THIS SECTION. 7

(4) A PLAINTIFF WHO PREVAILS IN AN ACTION BROUGHT UNDER THIS 8
SECTION IS ENTITLED TO: 9

(I) THE COSTS OF THE ASSISTED REPRODUCTIVE TREATMENT; 10

(II) LIQUIDATED DAMAGES NOT TO EXCEED $50,000; 11

(III) ECONOMIC AND NONECONOMIC COMPENSATORY DAMAGES; 12
AND 13

(IV) (III) REASONABLE ATTORNEY’S FEES AND COSTS. 14

(D) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT A PERSON FROM 15
PURSUING ANY OTHER REMEDY PROVIDED BY LAW. 16

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.