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HB 5036

Crimes: other; false representation in assisted reproduction; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 219g.

2025-2026 Regular Session Introduced by Brian BeGole and 9 co-sponsors

HB 5036 criminalizes false representations and nonconsensual use of embryos/gametes in assisted reproduction, punishing providers up to 15 years/$100K (false claims up to 5y/$50K).

bill electronically reproduced 09/24/2025
#crimes:criminalsexualconduct #crimes:fraud #crimes:other #healthoccupations:healthprofessionals
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Bill Summary · HB 5036

Summary — HB 5036 (1931 PA 328 amended by adding sec. 219g)

Status: Filed 3/13/2025; introduced (read first time) 9/24/2025 by Rep. Samantha Steckloff; referred to Committee on Families and Veterans. Companion: SB 2805. Takes effect 90 days after enactment.

Purpose

HB 5036 creates criminal offenses addressing fraud and nonconsensual substitution in assisted reproduction. It is intended to protect patients undergoing assisted reproductive procedures by penalizing false or misleading representations about embryos/gametes and penalizing health professionals who use embryos or gametes other than those the patient expressly consented to.

Key provisions

  • Creates two new felony offenses in the Michigan Penal Code:
    1. False or misleading representations related to assisted reproduction (knowingly, intentionally, or willfully):
      • Covers false statements about the embryo/gamete used, the donor’s identity (legal name, birthdate, address at donation), or donor medical/social/family history (including mental illness, genetic defects, education, sexual/social history).
      • Penalty: up to 5 years imprisonment and/or fine up to $50,000.
    2. Use of a different embryo or gamete than the one the patient expressly consented to (health professional acting knowingly or recklessly), including the professional’s own gamete:
      • Penalty: up to 15 years imprisonment and/or fine up to $100,000.
  • Clarifies that choosing an anonymous donor at a patient’s request is not a defense to a violation committed by a health professional.
  • Defines terms used in the section, including “assisted reproduction,” “donor,” “gamete,” “human embryo,” “health professional,” “patient,” “identity,” “social history,” and “family medical history.”
  • “Know” / “knowingly” is defined to require action taken with knowledge and not by mistake or accident.

Who would be affected

  • Patients undergoing assisted reproduction procedures (recipients of embryos/gametes).
  • Donors of gametes or embryos (definitions and protections reference donor identity and medical history).
  • Health professionals licensed, registered, or otherwise authorized under Article 15 of the Public Health Code (broadly includes physicians, nurses, fertility clinic staff, and many other licensed care providers) — subject to criminal liability if they knowingly/recklessly substitute or use nonconsented gametes/embryos.
  • Clinics and reproductive medicine programs — potential downstream civil, criminal, and professional-licensing consequences (see related bills below).

Related/implementing bills and impacts

  • HB 5038 (related) would add the offenses to sentencing guidelines (class E for false representation; class C for substitution).
  • HB 5039 would make convictions grounds for professional disciplinary action by LARA (possible license suspension/revocation, fines, restitution).
  • HB 5035 (related) would create civil liability (damages, punitive damages, attorney fees) for false representation in assisted reproduction. Together, these bills would create criminal, civil, and professional-discipline pathways for addressing fertility fraud.

Effective date

  • The provision in HB 5036 takes effect 90 days after the date it is enacted into law.

Compiled from official sources — confirm details with the bill’s official record.

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