Michigan lawmakers are moving to crack down on fertility fraud, as a bipartisan package of bills aimed at regulating assisted reproduction cleared the state House this week.
On Wednesday, Feb. 18, the Michigan House approved legislation that would make it a felony for donors or medical professionals to intentionally mislead patients or use reproductive material that was not agreed upon during procedures such as in vitro fertilization (IVF). The bills, introduced by Reps. John Roth (R-Interlochen), Samantha Steckloff (D-Farmington Hills), and Alicia St. Germaine (R-Harrison Township), now head to the Michigan Senate for consideration.
Supporters of the package say the legislation is designed to protect families seeking fertility treatment by creating clear legal consequences for deliberate deception. St. Germaine framed the bills as an effort to safeguard reproductive rights, arguing that patients deserve certainty and transparency when choosing assisted reproduction.
“These bills are about protecting women,” she said, emphasizing that the goal is not to punish administrative errors or paperwork mishaps. Instead, the legislation targets intentional misconduct involving genetic material, including cases where sperm, eggs, or embryos are substituted without consent.
Roth has argued that Michigan currently lacks strong legal guardrails to prevent fertility fraud, leaving patients vulnerable to unethical behavior. He introduced the legislation in September after growing concern over past cases in which doctors allegedly used sperm that was not authorized. Roth pointed to a notorious Detroit-area case involving a physician accused of using his own sperm for decades while providing fertility treatments to unsuspecting couples.
Under the proposed laws, donors who knowingly provide false or misleading information could face a Class E felony punishable by up to five years in prison. Medical professionals would face even harsher penalties: a Class E felony with a maximum sentence of 15 years. Roth stressed that the bills require intent, meaning someone would only be prosecuted if the fraud was deliberate.
Despite bipartisan support, the legislation has drawn criticism from some fertility industry groups. The Michigan Fertility Alliance opposed the bills, warning that the wording could be overly broad. Stephanie Jones, the organization’s president, said the intent behind the proposal is understandable, but the language is “dangerously vague.”
Jones also argued that the types of abuses lawmakers are reacting to are far less likely today, claiming fertility medicine now operates under strict ethical and legal standards. She pointed to existing safeguards such as informed consent requirements and chain-of-custody procedures meant to prevent tampering or mix-ups. Still, supporters counter that without clear criminal penalties, patients may not have enough protection if fraud occurs.
The bills, House Bills 5035 through 5039, previously advanced out of the House Committee on Families and Veterans in December. When they reached the House floor this week, most passed narrowly with vote margins around 60-49 and 61-48. However, one bill focused specifically on false representation by health professionals received overwhelming support, passing 88-21.
The legislation must now clear the Senate before it can be sent to Gov. Gretchen Whitmer for possible signature.
Similar fertility fraud proposals have been introduced in Michigan in recent years but failed to become law. Earlier versions passed the House in 2022 before stalling in the Senate. Another attempt in 2023 never reached a House vote.
If passed, Michigan would join a growing number of states taking action on the issue. At least 14 states have enacted fertility fraud laws in recent years, according to the U.S. Donor Conceived Council.
