New South Dakota law imposes prison time for doctors who commit fertility fraud
By isabelle // 2026-03-13
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  • South Dakota criminalizes fertility fraud as a felony.
  • Doctors face prison for secretly using their own sperm.
  • The law allows victims to sue for damages.
  • It addresses a legal gap exposed by real cases.
  • The bill passed with unanimous bipartisan support.
South Dakota has taken a groundbreaking step to protect families from a deeply personal form of deception. Governor Larry Rhoden signed House Bill 1164 into law, creating the crime of "fertility fraud." This new law makes it a class 5 felony for a physician to secretly use their own sperm or unauthorized donor sperm during artificial insemination procedures without a patient's written consent. The bill sailed through the state House with a 65-0 vote, signaling broad bipartisan recognition of a violation that permanently alters lives. The legislation imposes serious penalties, including up to five years in prison and a $10,000 fine for offending doctors. Beyond criminal consequences, the law opens the door for civil lawsuits from victims, including the patient, her spouse, the resulting child, and donors whose genetic material was used without consent.

A child's biological identity matters

Republican state Representative Terri Jorgenson, who introduced the bill, framed the issue as a fundamental matter of child protection. "As lawmakers, protecting children is one of our most important responsibilities," Jorgenson said. "A child's biological identity is not interchangeable. When a doctor secretly replaces one man's genetic material with another's, he isn't just deceiving parents. He's making a permanent decision that shapes the child's identity and family relationships for the rest of their life." The global children's rights group Them Before Us celebrated the law in a Substack post. "This is a rare moment of bipartisan clarity around a simple reality. A child's biological identity matters," the group declared. They noted that the consequences of such fraud fall heavily on the children, who may discover the man who raised them is not their biological father and that they have dozens of unknown half-siblings.

Inspired by real-world victims

The push for the law was inspired by growing national awareness of fertility fraud, notably highlighted in the 2022 Netflix documentary Our Father. The film exposed the case of Dr. Donald Cline, an Indianapolis fertility specialist who secretly fathered more than 90 children in the 1970s and 1980s. Cline was later convicted of obstruction of justice, but his case revealed a legal gap many states are now rushing to fill. Jorgenson told lawmakers she first "stumbled upon" the issue through a YouTube video before watching the documentary. She argued that existing laws were inadequate. "General fraud, medical malpractice or assault statutes often fail to capture the unique violation involved, resulting in light consequences or no prosecution at all," she said. Josh Wood, a proponent of the bill who directs Them Before Us, told legislators that at least 50 providers nationwide have been accused of similar fraud. He described the lifelong impact on children. "They are left to grapple with the aftermath as they realize and process that they were conceived in medical assault," Wood said. "They experience genealogical bewilderment."

Closing a legal loophole

The new law also addresses a specific shortcoming in South Dakota's existing malpractice statutes. Republican Representative John Hughes, an attorney from Sioux Falls, thanked Jorgenson for identifying the gap. "We have one of the shortest, most onerous statutes of limitations on medical malpractice in the United States," Hughes said, noting that victims must typically sue within two years of the injury, regardless of when they discover it. The fertility fraud law allows for a longer window for victims to seek justice. Katy Faust, founder and president of Them Before Us, reacted strongly to the bill's passage. "South Dakota just made it a felony to commit medical rape because no child deserves to have their biological identity violated," Faust said. "No child should endure the shock of discovering that the man who raised them isn't their dad, nor the destabilizing discovery that they have dozens of unknown siblings." Republican Senator Amber Hulse of Hot Springs connected the law to broader trends. "With infertility on the rise and reproductive technology advancing rapidly, the law has to keep pace to protect the people most vulnerable to harm," Hulse said. "It is sad that legislation like this is necessary at all, but I am grateful South Dakota is stepping up to protect women and children." This law represents more than a new felony statute; it is a declaration that biological connections and informed consent are non-negotiable pillars of family integrity. As reproductive technology continues its rapid advancement, South Dakota's move underscores a basic truth that transcends political divides: the deliberate creation of a life under false pretenses is a profound betrayal that society has a duty to prevent and punish. Sources for this article include: LifeSiteNews.com MitchellRepublic.com Keloland.com
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