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South DakotaHB 1164101st South Dakota Legislature (2026)HouseWALLET

establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.

Sponsored By: Hulse, Amber (Republican), Jorgenson, Terri (Republican)

Signed by Governor

Attorney's FeesCrimesHealth CarePenalty

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Reproductive fraud victims gain lawsuit rights

The law allows lawsuits against licensed health care providers for conduct covered by the reproductive fraud crime. Eligible plaintiffs include the patient who gives birth, that patient's surviving spouse, an intended parent, and a child born through the procedure. Donors can also sue when their material was used without consent or against their consent terms. Winning plaintiffs other than donors get $10,000 in set damages, compensatory and punitive damages, reasonable lawyer fees, and procedure costs. Winning donors get compensatory and punitive damages, lawyer fees, and costs, but not the $10,000 award. Each eligible non-donor has a separate claim for each child born; donors have a separate claim for each patient receiving their material. No criminal charge or conviction is needed. The law sets a five-year filing limit measured from the child's 18th birthday or the earliest qualifying evidence or provider admission. Qualifying evidence means sufficient evidence from DNA analysis or first awareness of a record supporting the lawsuit. These deadlines apply despite other laws.

Felony penalties protect fertility treatment patients

The law covers pregnancy procedures without sexual intercourse, including in vitro fertilization, embryo transfer, sperm injection, and insemination. Reproductive material includes sperm, eggs, and human organisms from fertilized egg through embryo; donors include people donating for personal use or payment. A licensed health care provider commits a Class 5 felony by knowingly causing use of donor material without the patient's written consent to that donor. Intentionally causing use of the provider's own material without the patient's written consent is also a Class 5 felony. Consent to an anonymous donor is not a defense. The prosecution time limit starts only after the violation is discovered and reported to law enforcement or another government agency.

Sponsors & Cosponsors

Sponsors

  • Hulse, Amber

    Republican • Senate

  • Jorgenson, Terri

    Republican • House

Cosponsors

  • Foster, Red Dawn

    Democratic • Senate

  • Garcia, Josephine

    Republican • House

  • Goodwin, Tim

    Republican • House

  • Greenfield, Lana J.

    Republican • House

  • Hunt, Jana

    Republican • House

  • Jordan, Dylan C.

    Republican • House

  • Perry, Carl

    Republican • Senate

  • Pischke, Tom

    Republican • Senate

  • Soye, Bethany

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 114 • No: 0

Senate vote • 3/2/2026

Do Pass

Yes: 33 • No: 0

Senate vote • 2/26/2026

Do Pass

Yes: 5 • No: 0

House vote • 2/9/2026

Do Pass

Yes: 65 • No: 0

House vote • 2/6/2026

Do Pass

Yes: 11 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/10/2026House

  2. Delivered to the Governor

    3/5/2026House

  3. Signed by the President

    3/4/2026Senate

  4. Signed by the Speaker

    3/3/2026House

  5. Senate Do Pass, Passed, YEAS 33, NAYS 0

    3/2/2026Senate

  6. Certified uncontested, placed on consent

    2/26/2026Senate

  7. Senate Judiciary Do Pass, Passed, YEAS 5, NAYS 0

    2/26/2026Senate

  8. Scheduled for hearing

    2/26/2026Senate

  9. First read in Senate and referred to Senate Judiciary

    2/10/2026Senate

  10. House of Representatives Do Pass, Passed, YEAS 65, NAYS 0

    2/9/2026House

  11. Certified uncontested, placed on consent

    2/6/2026House

  12. House Judiciary Do Pass, Passed, YEAS 11, NAYS 0

    2/6/2026House

  13. Scheduled for hearing

    2/6/2026House

  14. First read in House and referred to House Judiciary

    1/28/2026House

Bill Text

  • Introduced

    1/27/2026

    PDF

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