State Rep. John Roth this week announced his bipartisan plan to protect women’s healthcare and secure justice for victims of fertility fraud, also known as assisted reproduction fraud. Fertility fraud occurs when doctors inseminate women with their own sperm during the fertility treatment process or a sperm donor falsely represents themselves, often to hide serious genetic health concerns.

“In a time when fearmongering and threats to women’s health and safety run rampant, we must take steps to address these critical issues at their core,” said Roth, R-Interlochen. “Many families turn to fertility doctors in their darkest hours, after months or years of trying and failing to conceive a child. These doctors are supposed to be trusted advisors, guiding women through the difficult process of assisted reproduction. However, state law fails to properly address situations where wicked doctors hijack a mother’s womb and violate every notion of trust that should exist between a doctor and a patient. The consequences for these heinous actions must be made to reflect the vile nature of fertility fraud.”

There are currently no requirements for facilities such as sperm banks to obtain and verify a donor’s medical history, educational background, or criminal record – leading to the potential for misrepresented information. Also, under state law, it remains technically legal for doctors to secretly inseminate their patients with their own sperm.

Roth credits his own awareness of these egregious loopholes in state law to a local resident who herself is a victim of fertility fraud. Her mother was deceived into selecting a sperm donor based on their shared Scottish heritage, but her father was actually her mother’s fertility doctor. Investigations showed Dr. Philip Peven fathered more than a dozen children against their mothers’ wishes.

“A member of our Northern Michigan community grew up believing she was entirely Scottish, only to discover, through a 23andMe genetic test, that she is actually half Jewish,” Roth said. “She had more in common genetically with the doctor’s son than her own sister. As genetic testing becomes more accessible, more individuals will uncover similar truths about their identities. It is imperative that medical professionals understand that these actions are not victimless crimes. Everyone deserves to know their genetic heritage.”

House Bills 5035-5039 would officially classify Assisted Reproductive Technology Fraud as a crime and introduce broad, civil, and criminal penalties, as well as establish a statute of limitations for filing complaints. Roth was joined in sponsoring the legislation by Reps. Samantha Steckloff (D-Farmington Hills) and Alicia St. Germaine (R-Harrison Township).

Seventeen other states have already enacted fertility fraud legislation.

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