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Bill Summary · SB 911

Summary of Bill SB 911 (Session 2025, North Carolina)

Title

Protect Children Born from Fertility Care Act

Purpose and Intent

SB 911 seeks to modify North Carolina law governing artificial insemination and to authorize civil actions related to children conceived through artificial insemination. The bill aims to establish clear rights for children conceived via artificial insemination, ensure parental rights for those who consent to such procedures, and add remedies for violations involving misuse of a patient’s reproductive material.

Key Provisions

Rights and Status of Children

  • Establishes that children born as a result of heterologous artificial insemination are, in law, the same as naturally conceived legitimate children of the requesting spouses who consented in writing to the procedure (Article 1, § 49A-1).
  • States that any child conceived through artificial insemination or assisted reproductive treatment has the same protections and rights as naturally conceived children of the spouses or legal guardians (§ 49A-2).

Definitions (Section § 49A-3)

  • Broadly defines artificial insemination to include intravaginal, intrauterine, intracervical insemination, IVF, embryo transfer, and donation of eggs, sperm, or embryos.
  • Defines donor, healthcare, healthcare provider, and human reproductive material.
  • Clarifies who is considered a patient in this context.

Consent and Parentage (Section § 49A-4)

  • If an individual consents to artificial insemination with the intent to be a parent, that individual is the legal parent with full rights.
  • Consent can be established either:
    • In a record signed before/after birth by the birth parent and the intended parent, or
    • In a pre-pregnancy agreement where both parties intend to be parents.
  • If consent is not satisfied, a court may still find parental intent if the would-be parent resided with the child and openly held out the child as theirs for the first two years of life.

Civil Actions and Remedies (Section § 49A-5)

  • Prohibits licensed healthcare providers or institutions from knowingly using the provider’s own reproductive material for artificial insemination without the patient’s knowledge and consent.
  • Enables civil actions by patients or children born from such violations, or their parents, with a statute of limitations:
    • Action must be commenced within five years after the patient knew or should have known of the act.
  • Damages include liquidated damages of $50,000 plus actual costs of artificial insemination and reasonable attorney’s fees and costs.
  • Remedies are in addition to other available remedies.

Statute of Limitations Adjustments (Section 2)

  • Adds provisions affecting the statute of limitations for related actions, with specific extensions or accommodations for disability, malpractice, and related timelines.

Effective Dates and Funding (Sections 3–4)

  • Appropriations: $100,000 (nonrecurring) from the General Fund to educate the public about implementing the act (for 2026–2027).
  • Effective Dates: Section 3 (public education funding) becomes effective July 1, 2026. The remainder of the act is effective upon becoming law.

Affected Parties

  • Patients undergoing artificial insemination or assisted reproductive treatments.
  • Individuals intending to be parents through artificial insemination.
  • Children conceived via artificial insemination and their legal guardians.
  • Licensed healthcare providers and healthcare institutions involved in reproductive care.
  • The Department of Health and Human Services (for educational funding purposes).

Procedural and Timeline Highlights

  • Civil actions under the act must be filed within five years of when knowledge of the act occurred.
  • The act includes a five-year revival window for previously time-barred actions existing at enactment.
  • Public education funding is allocated for the 2026–2027 fiscal year, with broader compliance timing aligned to the act’s effective dates.

Overall Impact

SB 911 codifies parental rights and child protections for those born via artificial insemination, reinforces consent standards for providers using reproductive material, creates a civil damages framework for violations, and allocates resources for public education to facilitate understanding and implementation of the new rules.

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

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