Summary of HR 8295 — Protecting Families from Fertility Fraud Act of 2026

Purpose
- To amend title 18 of the United States Code to criminalize abuse related to assisted reproductive technology (ART), including misrepresentation of the nature or source of DNA used in ART and related procedures.
- The bill aims to protect individuals and families from fertility fraud by extending criminal penalties and creating federal jurisdiction for related abuses.

Key Provisions

1) New federal offense: Abuse with respect to ART (Section 2249)
- offense: Any person who knowingly misrepresents the nature or source of DNA used in ART or in procedures involving handling of human oocytes, embryos, or sperm (e.g., in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, intrauterine insemination) shall be fined, imprisoned for up to 10 years, or both.
- Scope: Applies to misrepresentation in the context of ART and related reproductive procedures.

2) Circumstances triggering federal jurisdiction (subsection (b))
- The following scenarios bring the conduct within federal reach:
- Interstate or foreign travel in connection with the misrepresented conduct.
- Use of interstate/foreign means, facilities, or instruments in furtherance of the conduct.
- Payment (direct or indirect) connected to the conduct through interstate/foreign channels.
- Transmission of communications related to the conduct via interstate/foreign channels (including computer, mail, wire, or electronic means).
- Instruments or items traveling in interstate/foreign commerce used to perform the conduct.
- The misconduct occurring within U.S. territorial waters/possessions or affecting interstate/foreign commerce in any other way.
- These provisions establish federal jurisdiction by tying the offense to interstate/foreign elements or US territorial reach.

3) Statute of limitations (subsection (c))
- If DNA testing identifies a person who committed the violation, the regular statute of limitations does not bar prosecution until 10 years after identification.
- This provision provides a later window for prosecuting cases that are discovered post-factum through DNA identification.

4) Racketeering Activity (Section 1961(1) amendment)
- The RICO statute’s list of predicates is amended to include the new crime (section 2249), signaling the possibility of federal racketeering charges for ART-related abuse.

5) Technical amendments
- Table of Contents: Adds a new entry for 2249, “Abuse with respect to assisted reproductive technology.”
- Ensures the new offense is codified within Chapter 109A of title 18.

Sponsorship and Legislative Action
- Introduced in the House on April 15, 2026.
- Primary sponsor: Mrs. Bice (with multiple co-sponsors including Chrissy Houlahan, Harriet Hageman, Julia Letlow, Stephanie Bice, and others).
- Referred to the House Judiciary Committee.

Who Is Affected
- Individuals who knowingly misrepresent the DNA source or nature of ART-related material or procedures.
- Persons using interstate or foreign channels or instruments to facilitate ART misrepresentation.
- Parties connected to ART transactions crossing state or national borders, including patients, providers, and third parties involved in ART processes.
- Potentially, those who benefit financially from ART misrepresentation via interstate commerce.

Timeline and Procedure
- The bill’s text shows standard first-step introduction and referral to the Judiciary Committee.
- If advanced, it would move through committee hearings, potential amendments, and floor votes in the House, and, if passed, would proceed to the Senate.
- The statute of limitations provision implies a prosecutorial window tied to DNA identification, providing extended potential for cases discovered later.

Overall Impact
- Establishes a clear federal crime targeting fertility fraud involving misrepresentation of DNA in ART.
- Expands federal jurisdiction through interstate/foreign commerce connections and RICO integration.
- Provides a longer post-discovery window for prosecution via a 10-year-from-identification statute of limitations.