Establishes crime of fertility fraud.

2026-2027 Regular Session Introduced by Carol Murphy

Establishes fertility fraud as a crime for using someone’s reproductive material without consent in assisted reproduction, with license revocation and up to 20 years to prosecute.

Received in the Senate, Referred to Senate Judiciary Committee

Summary of Bill A-5059 (Session 222, New Jersey)

Purpose and intent

Establishes a new crime: fertility fraud.

Targeted at health care practitioners who knowingly use their own or another person’s human reproductive material during assisted reproduction treatments without the patient’s written informed consent.

Aims to deter and punish deceptive or non-consensual use of reproductive material in reproductive technologies (e.g., artificial insemination, IVF, embryo transfers).

Key provisions and changes

Definitions (new section):

“Assisted reproduction” includes procedures involving human gametes or pre-embryos (e.g., artificial insemination, IVF, embryo transfers).
“Gamete” means sperm or egg.
“Health care practitioner” includes any licensed or certified health care provider under Title 45.
“Human reproductive material” means human gametes or pre-embryos.

Fertility fraud crime (new section):

A health care practitioner commits fertility fraud if they knowingly perform an assisted reproduction treatment that results in a pregnancy using: 1) their own reproductive material without written informed consent, or 2) someone else’s reproductive material without written informed consent.
The crime is classified as a third-degree offense (punishable by 3-5 years’ imprisonment, fines up to $15,000, or both).
The court must also order permanent revocation of any health-care-related license or certification held by the practitioner.

Time limitations (amendment to N.J.S.2C:1-6):

Prosecution for fertility fraud must be commenced within 20 years of the offense or within 10 years after the victim becomes aware of the crime.
The bill also retains and modifies other general statute-of-limitations provisions for different offenses, with standard timelines (5-year, 1-year, 7-year, etc.) and protections for cases involving DNA/fingerprint identification timing.

Effective date: Immediate upon enactment.

Who is affected

Primarily health care practitioners who provide assisted reproductive services.

Patients who undergo assisted reproduction using the practitioner’s or another person’s reproductive material.

Licensing bodies responsible for health-care professional credentials, as the bill mandates permanent revocation in cases of fertility fraud.

Procedural and timeline notes

The act takes effect immediately once enacted.

Prosecutions for fertility fraud have a long-window capability: up to 20 years from the offense or 10 years after the victim learns of it, whichever may be later.

The bill prescribes automatic permanent revocation of professional licenses in cases of fertility fraud.

Practical impact

Creates a formal legal remedy to address non-consensual use of reproductive material in fertility treatments.

Elevates accountability for health care practitioners in the field of assisted reproduction.

Provides a clear civil/criminal pathway and lengthy statute-of-limitations to pursue cases, reflecting the sensitive and long-term nature of the harm.