The General Assembly today approved legislation that would criminalize unscrupulous behavior in reproductive care by establishing the crime of fertility fraud. Bill A3735, sponsored by Assemblywomen Carol Murphy, Ellen Park and Lisa Swain, seeks to address a significant gap in reproductive healthcare law.
“Many families across the state have discovered, years after the fact, that their reproductive healthcare was tainted by unconscionable deceit,” said Assemblywoman Murphy (D-Burlington). “New Jersey must have strong legal protections in place to hold those responsible accountable.”
A3735 would make it illegal for healthcare practitioners to knowingly use their own reproductive material or other unauthorized reproductive material to impregnate an individual without that person’s informed, written consent during assisted reproduction procedures.
“The violation of a patient’s trust is reprehensible, especially during such an intimate and life-changing procedure,” said Assemblywoman Park (D-Bergen). “This bill is a matter of common sense. A3735 ensures patients undergoing assisted reproduction can trust their healthcare providers and that their consent is respected throughout the process.”
The bill would classify fertility fraud as a third-degree crime, punishable by three to five years of imprisonment, a fine of up to $15,000, or both. Additionally, offenders would face having their healthcare license permanently revoked.
“The actions outlined in this bill are serious and absolutely rise to the level of criminal behavior,” said Assemblywoman Swain (D-Bergen). “By establishing fertility fraud as a crime, this legislation closes a dangerous gap in the law and affirms that consent and accountability are fundamental to reproductive healthcare.”