establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.

26.646.10 101st Legislative Session 1164

2026 South Dakota Legislature
House Bill 1164
ENROLLED

AN ACT

ENTITLED An Act to establish the crime of fraudulent assisted reproduction and
provide a penalty and civil liability therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 22-22A:
Terms used in this Act mean:
(1) "Assisted reproduction procedure," a method of causing pregnancy, other than
through sexual intercourse, including in vitro fertilization and transfer of embryos,
intracytoplasmic sperm injection, and intracervical or intrauterine insemination;
(2) "Donor," an individual who donates reproductive material, whether for personal
use or compensation; and
(3) "Reproductive material," a human sperm or ovum, or a human organism at any
stage of development from fertilized ovum to embryo.
Section 2. That a NEW SECTION be added to chapter 22-22A:
It is a Class 5 felony for a licensed health care provider, in the performance of an
assisted reproduction procedure, to:
(1) Knowingly cause the use of reproductive material from a donor if the patient did
not give written consent to receive the reproductive material from the donor; or
(2) Intentionally cause the use of the licensed health care provider's own reproductive
material without the patient's written consent.
It is not a defense to a violation of this section that the patient consented to an
anonymous donor.
Notwithstanding any other provision of law, the applicable period of limitation for
prosecution of a violation of this section does not begin to run until the date on which the
violation is discovered and reported to law enforcement or any other government al
agency.
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Section 3. That a NEW SECTION be added to chapter 22-22A:
The following individuals may bring a civil action against a licensed health care
provider for performing an assisted reproduction procedure in violation of section 2 of this
Act:
(1) The patient who gives birth to a child as a result of the assisted reproduction
procedure;
(2) The surviving spouse of the patient under subdivision (1);
(3) The intended parent of a child born as a result of the assisted reproduction
procedure;
(4) A child born as a result of the assisted reproduction procedure in violation of section
2 of this Act; and
(5) The donor whose reproductive material was used without the donor's consent or in
a manner inconsistent with the donor's consent.
An individual who brings any action under subdivisions (1) to (4) of this section
has a separate cause of action for each child born as a result of the assisted reproduction
procedure. An individual who brings an action under subdivision (5) of this sectio n has a
separate cause of action for each patient who received an assisted reproduction procedure
using the donor's reproductive material.
An individual who prevails in an action under this section is entitled to liquidated
damages of ten thousand dollars, compensatory and punitive damages, and reasonable
attorney's fees. An individual who prevails in any action brought pursuant to subdivisions
(1) to (4) of this section is also entitled to all costs associated with the assisted
reproduction procedure.
An action may be maintained under this section whether or not the licensed health
care provider alleged to have violated section 2 of this Act is charged or convicted of the
alleged crime.
Section 4. That a NEW SECTION be added to chapter 22-22A:
Notwithstanding any other provision of law, an individual shall commence a civil
action pursuant to section 3 of this Act no later than five years after:
(1) The eighteenth birthday of the child born as a result of the assisted reproduction
procedure; or
(2) The earliest of the dates on which:
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(a) The individual first discovers evidence sufficient to bring an action against
the licensed health care provider through deoxyribonucleic acid analysis;
(b) The individual first becomes aware of the existence of a record that provides
evidence sufficient to bring an action against the licensed health care
provider; or
(c) The licensed health care provider admits to the facts giving rise to the
action.
26.646.10 4 1164
HB1164 ENROLLED
An Act to establish the crime of fraudulent assisted reproduction and provide a penalty and
civil liability therefor.

I certify that the attached Act originated in
the:

House as Bill No. 1164

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1164
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State