Protect Children Born from Fertility Care Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 911

Short Title: Protect Children Born from Fertility Care Act. (Public)
Sponsors: Senator Murdock (Primary Sponsor).
Referred to: Rules and Operations of the Senate
April 30, 2026
*S911-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY THE LAWS REGARDING ARTIFICIAL INSEMINATION AND TO 2
PROVIDE CIVIL ACTION S RELATED TO CHILDRE N CONCEIVED THROUGH 3
THAT METHOD. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Chapter 49A of the General Statutes reads as rewritten: 6
"Chapter 49A. 7
"Rights of Children. 8
"Article 1. 9
"Children Conceived by Artificial Insemination. 10
"§ 49A-1. Status of child born as a result of artificial insemination. 11
Any child or children born as t he result of heterologous artificial insemination shall be 12
considered at law in all respects the same as a naturally conceived legitimate child of the husband 13
and wife spouses requesting and consenting in writing to the use of such the same technique. 14
"§ 49A-2. Findings. 15
The General Assembly finds that any child born using artificial insemination or assisted 16
reproductive treatment shall have the same protections and rights as a naturally conceived 17
legitimate child of the spouses or legal parental guardians. The General Assembly also finds that 18
the assisted reproductive treatment of a patient using the healthcare provider 's own human 19
reproductive material, or other forms of reproductive material, without the patient 's informed 20
written consent, has c aused significant harm and had a severe negative impact on residents of 21
this State, including former patients and their children. This conduct has never constituted or 22
complied with the medical standard of care and violates doctor-patient trust. 23
"§ 49A-3. Definitions. 24
The following definitions apply in this Article: 25
(1) Artificial insemination. – All forms of assisted reproductive technology , 26
including intravaginal, intrauterine, or intracervical insemination, in vitro 27
fertilization and embryo transfer, and donation of egg, sperm, and embryo. 28
(2) Donor. – An individual who provides an egg, sperm, or embryo intended for 29
use in artificial insemination, whether or not for compensation. This term does 30
not include an individual who is a parent under the rules governing the 31
parentage of children conceived by artificial insemination or a parent of a 32
child born through artificial insemination. 33
(3) Healthcare. – Any phase of patient care, including testing, diagnosis, 34
prognosis, ancillary research, instructions, as sisted reproduction, family 35
planning, counseling, referrals, or any other advice in connection with 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 911-First Edition
conception, or surgery or other care or treatment rendered by a physician, 1
nurse, paraprofessional, or healthcare facility, intended for the physical, 2
emotional, and mental well-being of persons. 3
(4) Healthcare provider. – An individual licensed by the North Carolina Medical 4
Board or the North Carolina Board of Nursing. 5
(5) Human reproductive material. – Human egg, sperm, or embryo. 6
(6) Patient. – A person who undergoes artificial insemination. 7
"§ 49A-4. Rights; consent. 8
(a) Rights. – If an individual c onsents to artificial insemination with the intent to be a 9
parent, then that individual shall be the parent of the child born from that artificial insemination, 10
vested with all rights and privileges available in this State. 11
(b) Consent. – An individual must do any of the following to qualify as a parent under 12
subsection (a) of this section: 13
(1) In a record signed before, on, or after the birth of the child by the individual 14
who gave birth to the child and by the individual who intends to be a parent 15
of the child. 16
(2) In an agreement entered into before a pregnancy is established, where the 17
individual who will give birth to the child and the individual who intends to 18
be a parent of the child both, at the time of the agreement, intend to be parents 19
of the child born from that pregnancy. 20
(c) Intent to Parent. – A failure to satisfy consent under subsection (b) of this section does 21
not preclude a court of competent jurisdiction from finding that consent if evidence presented to 22
the court shows the individual intending to parent resided in the same household as the child and 23
openly held out the child as that individual 's child for the first two years of that child's life, 24
including any period of temporary absence. 25
"§ 49A-5. Civil actions. 26
(a) Violation. – No licensed healthcare provider or healthcare institution shall knowingly 27
cause the use of the healthcare provider 's own human reproductive material for purposes of 28
artificial insemination without the patient's knowledge and consent. 29
(b) Civil Action. – Any patient or child born as a result of an action taken under 30
subsection (a) of this section or any parent of such child may bring a civil action in a cou rt of 31
competent jurisdiction. A civil action brought under this section must be commenced within five 32
years after the patient knew or reasonably should have known of the act giving rise to the claim. 33
(c) Damages. – A per son covered under subsection (b) of this section who proves a 34
violation of subsection (a) of this section is entitled to recover liquidated damages of fifty 35
thousand dollars ($50,000) in addition to the actual costs o f the artificial insemination and 36
reasonable attorneys' fees and costs. 37
(d) Remedies. – The remedies provided for under this section shall be in addition to any 38
other remedies provided for in any other provision of law." 39
SECTION 2.(a) G.S. 1-17 reads as rewritten: 40
"§ 1-17. Disabilities. 41
(a) A person entitled to commence an acti on who is under a disability at the time the 42
cause of action accrued may bring his or her action within the time limited in this Subchapter, 43
after the disability is removed, except in an action for the recovery of real property, or to make 44
an entry or defense founded on the title to real property, or to rents and services out of the real 45
property, when the person must commence his or her action, or make the entry, within three years 46
next after the removal of the disability, and at no time thereafter. 47
For the purpose of this section, a person is under a disability if the person meets one or more 48
of the following conditions: 49
(1) The person is within the age of 18 years. 50
(2) The person is insane. 51
General Assembly Of North Carolina Session 2025
Senate Bill 911-First Edition Page 3
(3) The person is incompetent as defined in G.S. 35A-1101(7) or (8). 1
(a1) For those persons under a disability on January 1, 1976, as a result of being 2
imprisoned on a criminal charge, or in execution under sentence for a criminal offense, the statute 3
of limitations shall commence to run and no longer be tolled from January 1, 1976. 4
(b) Notwithstanding the provisions of subsection (a) of this section, and except as 5
otherwise provided in subsection (c) of this section, an action on behalf of a minor for malpractice 6
arising out of the performance of or failure to perform professional services shall be commenced 7
within the limitations of time specified in G.S. 1-15(c), except that if those time limitations expire 8
before the minor attains the full age of 19 years, the action may be brought before the minor 9
attains the full age of 19 years. 10
(b1) Notwithstanding the provisions of subsections (a) and (b) of this section, and except 11
as otherwise provided in subsection (c) of this section, an action on behalf of a minor for 12
malpractice arising out of the performance of or failure t o perform professional services as a 13
direct result of an act covered under Chapter 49A of the General Statutes, or for any other civil 14
action available to a minor arising out of an act covered under Chapter 49A of the General 15
Statutes, shall be commenced within five years of the minor attaining 18 years of age. 16
(c) (See editor's note for applicability) Notwithstanding the provisions of subsection 17
(a) and (b) of this section, an action on behalf of a minor for injuries alleged to have resulted 18
from malpractice arising out of a health care provider's performance of or failure to perform 19
professional services shall be commenced within the limitations of time specified in G.S. 1-15(c), 20
except as follows: 21
(1) If the time limitations specified in G.S. 1-15(c) expire before the minor attains 22
the full age of 10 years, the action may be brought any time before the minor 23
attains the full age of 10 years. 24
(2) If the time limitations in G.S. 1-15(c) have expired and before a minor reaches 25
the full age of 18 years a court has entered judgment or consent order under 26
the provisions of Chapter 7B of the General Statutes finding that said minor 27
is an abused or neglected juvenile as defined in G.S. 7B-101, the medical 28
malpractice action shall be commenced within three years from the date of 29
such judgment or consent order, or before the minor attains the full age of 10 30
years, whichever is later. 31
(3) If the time limitations in G.S. 1-15(c) have expired and a minor is in legal 32
custody of the State, a county, or an approved child placing agency as defined 33
in G.S. 131D-10.2, the medical malpractice action shall be commenced within 34
one year after the minor is no longer in such legal custody, or before the minor 35
attains the full age of 10 years, whichever is later. 36
(d) Notwithstanding the provisions of subsections (a), (b), (c), and (e) of this section, a 37
plaintiff may file a civil action against a defendant for claims related to sexual abuse suffered 38
while the plaintiff was under 18 years of age until the plaintiff attains 28 years of age. 39
(e) Notwithstanding the provisions of subsections (a), (b), (c), and (d) of this section, a 40
plaintiff may file a civil action within two years of the date of a criminal conviction for a related 41
felony sexual offense against a defendant for claims related to sexual abuse suffered while the 42
plaintiff was under 18 years of age." 43
SECTION 2.(b) Effective when this act becomes law, until five years after that date, 44
this section revives any civil action existing at the time this act becomes law otherwise 45
time-barred under G.S. 1-52, 1-17, or 1-15 as it existed immediately before the enactment of this 46
act. 47
SECTION 3. There is appropriated from the General Fund to the Department of 48
Health and Human Services the sum of one hundred thousand dollars ($100,000) in nonrecurring 49
funds for the 2026 -2027 fiscal year to educate the public about the implementation of the 50
provisions of this act. 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 911-First Edition
SECTION 4. Section 3 of this act becomes effective July 1, 2026. The remainder of 1
this act is effective when it becomes law. 2