Bill
HB 1164
Creates criminal fraud for assisted reproduction and allows civil damages, targeting misrepresentation and related deceit by providers, donors, surrogates, and intermediaries.
HB 1164 (South Dakota, 2026) – Summary
Purpose and intent
- Establishes the crime of fraudulent assisted reproduction and provides penalties and civil liability for violations.
- Aims to deter and punish deception or wrongdoing in the context of assisted reproductive technologies and related arrangements.
Key provisions and changes
- Creation of a new criminal offense: fraudulent assisted reproduction. The bill defines the conduct that constitutes fraud in the context of assisted reproduction arrangements and services.
- Penalties: The bill specifies criminal penalties for violators (the exact penalty amounts or classifications are not included in the provided summary, but the bill designates a statute-based punishment scheme for fraudulent actions).
- Civil liability: Creates potential civil remedies for victims, enabling civil lawsuits for damages resulting from fraudulent assisted reproduction activities.
- Scope of covered activities: The law addresses acts by individuals or entities involved in assisted reproduction processes, which may include donors, surrogacy arrangements, clinics, laboratories, and other intermediaries, depending on precise statutory definitions.
- Procedural/operational aspects: Likely includes definitions, required elements of the offense, affirmative defenses (if any), and avenues for reporting or prosecuting such fraud. The text references both criminal penalties and civil liability, indicating parallel enforcement mechanisms.
Affected parties and entities
- Individuals and entities involved in or providing assisted reproductive services, including:
- Reproductive clinics and laboratories
- Donors and surrogates (and agents or intermediaries)
- Intended parents or recipients of reproductive services
- Potential victims of fraudulent practices who could pursue civil claims for damages
- Law enforcement, prosecutors, and the judiciary in handling criminal prosecutions and civil actions
Procedural and timeline notes
- Legislative status: The bill passed the House and Senate with strong, bipartisan support (House Do Pass; Senate Do Pass; final endorsements indicate rapid movement through the process).
- Governor’s action: Signed into law by the Governor on March 10, 2026 (H.J. 547), with the bill becoming effective per the usual legal effective date provisions unless otherwise specified in the act.
- Effective date: Not specified in the digest; typically determined within the bill (e.g., upon signature, or a set date after enactment). Check the enacted text for precise timing and any transitional provisions.
- Related actions: The bill’s journey included unanimous or near-unanimous votes in both chambers, and it followed standard drafting, committee referrals, and consent calendar processes.
Co-sponsors
- Primary and multiple co-sponsors across political lines, indicating broad legislative support and interest from a wide range of representatives.
What this means in practice
- Individuals harmed by fraudulent practice in assisted reproduction can pursue criminal charges against offenders and civil damages against wrongdoers.
- Providers of assisted reproduction services may bear new legal responsibilities to avoid deception and ensure accurate representations to clients and donors.
- The law creates a formal framework to address misrepresentation, coercion, falsification of information, or other fraudulent behavior within reproductive technology and related services.
Note
- For precise definitions (e.g., what constitutes “fraud,” elements of the offense, statutory penalties, and civil liability standards), consult the enacted statute text and any official drafting notes or annotations.
Compiled from official sources — confirm details with the bill’s official record.
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