Senate Amendment to House Amendment to Senate File 529 H-8369 Amend the House amendment, S-3175, to Senate File 529, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 1, through page 2, line 20, and 3 inserting: 4 < Amend the Senate File 529, as passed by the House, as 5 follows: 6 1. By striking everything after the enacting clause and 7 inserting: 8 < Section 1. NEW SECTION . 714I.1 Short title. 9 This chapter shall be known and may be cited as the “Fraud 10 in Assisted Reproduction Act” . 11 Sec. 2. NEW SECTION . 714I.2 Definitions. 12 For purposes of this chapter, unless the context otherwise 13 requires: 14 1. “Assisted reproduction” means a method of causing 15 pregnancy other than sexual intercourse involving medical or 16 scientific intervention. 17 2. “Donor” means an individual who provides gametes 18 intended for use in assisted reproduction, whether or not for 19 consideration. 20 3. “Gamete” means a sperm, an egg, or any part of a sperm 21 or an egg. 22 4. “Health care professional” means a person who is 23 licensed, certified, or otherwise authorized or permitted by 24 the law of this state to administer health care in the ordinary 25 course of business or in the practice of a profession. 26 5. “Health facility” means a hospital, clinic, sperm bank, 27 laboratory, or other health care institution involved in the 28 assisted reproduction process. 29 6. “Human reproductive material” means a human gamete or a 30 human organism at any stage of development from fertilized ovum 31 to embryo. 32 7. “Live birth” means the same as defined in section 144.1. 33 8. “Patient” means a person who has received or is receiving 34 health services from a health care professional. 35 -1- S 3175.4475.S (2) 89 mb 1/ 6 #1.

9. “Spouse” means the spouse of a patient who undergoes 1 assisted reproduction at the time of conception, birth, or at 2 any time during the period between conception and birth of a 3 child through assisted reproduction. 4 Sec. 3. NEW SECTION . 714I.3 Prohibited practices and acts. 5 1. A person shall not engage in a practice or act the 6 person knows or reasonably should have known provides false 7 information to a patient related to an assisted reproduction 8 procedure or treatment including false information relating to 9 any of the following: 10 a. The human reproductive material used or provided for 11 assisted reproduction. 12 b. The identity of a donor of human reproductive material 13 used or provided for assisted reproduction including but not 14 limited to the donor’s name, birthdate, or address at the time 15 of donation. 16 c. A donor’s medical history including but not limited to an 17 illness of the donor at the time of donation, any past illness 18 of the donor, or the social, genetic, or family history of the 19 donor. 20 2. A health care professional or a health facility shall not 21 knowingly or intentionally do any of the following: 22 a. Use or provide a patient with human reproductive material 23 for assisted reproduction other than that to which the patient 24 expressly consented in writing. 25 b. Use or provide a patient with human reproductive material 26 for assisted reproduction that is not provided with the donor’s 27 consent or in a manner or to an extent other than that to which 28 the donor consented. 29 3. It is not a defense to a violation of this section that 30 a patient expressly consented in writing to the use of human 31 reproductive material from an anonymous donor. 32 4. A violation of this section by a health care professional 33 or health facility constitutes grounds for denial of an 34 application for, denial of renewal of, or revocation of any 35 -2- S 3175.4475.S (2) 89 mb 2/ 6

license, permit, certification, or any other form of permission 1 required to practice a profession or establish, conduct, or 2 maintain a facility regulated by the state. A violation 3 of this section by a health care professional constitutes 4 unprofessional conduct. 5 Sec. 4. NEW SECTION . 714I.4 Private right of action —— 6 damages. 7 1. A cause of action for damages against any person in 8 violation of section 714I.3, subsection 2, may be brought in 9 accordance with the following: 10 a. (1) (a) By the patient or the spouse of the patient, 11 if the patient conceives and gives birth to a child through 12 assisted reproduction in violation of section 714I.3, 13 subsection 2. 14 (b) By a child born as the result of being conceived 15 through assisted reproduction in violation of section 714I.3, 16 subsection 2, if the patient who conceived and gave birth to 17 such child or the patient’s spouse is deceased or is otherwise 18 unable to bring such cause of action. 19 (2) A patient, or the spouse of the patient, has a separate 20 cause of action under this paragraph “a” for each conception 21 and birth of a child through assisted reproduction performed in 22 violation of section 714I.3, subsection 2. 23 b. (1) By the patient or the spouse of the patient, if the 24 patient conceives through assisted reproduction in violation 25 of section 714I.3, subsection 2, but the conception does not 26 result in the live birth of the child. 27 (2) A cause of action is barred under this paragraph “b” 28 if the conception does not result in a live birth because of 29 an induced termination of pregnancy required to be reported 30 pursuant to section 144.29A or because the patient or the 31 patient’s spouse intentionally terminates the pregnancy in 32 violation of section 707.7. 33 2. A cause of action for damages may be brought by a donor 34 whose human reproductive material resulted in the conception 35 -3- S 3175.4475.S (2) 89 mb 3/ 6

or conception and birth of a child conceived through assisted 1 reproduction in violation of section 714I.3 or whose human 2 reproductive material was used without the donor’s consent or 3 in a manner or to an extent other than that to which the donor 4 consented in violation of section 714I.3. 5 3. In addition to compensatory or punitive damages, a 6 prevailing plaintiff who brings an action under subsection 1, 7 paragraph “a” , is entitled to all of the following: 8 a. (1) If the health care professional used the health care 9 professional’s own human reproductive material for assisted 10 reproduction in violation of section 714I.3, subsection 2, 11 the health care professional is determined through blood or 12 genetic testing to be a biological parent as defined in section 13 600A.2 of the child, and the action is brought within the time 14 limitations specified in section 614.8, damages in an amount 15 that is the sum of all of the following: 16 (a) The basic support obligation prescribed by the child 17 support guidelines established pursuant to section 598.21B 18 based on the health care professional’s monthly adjusted net 19 income for the time period specified for support for a child 20 under section 598.1, subsection 9. 21 (b) Medical support as defined in section 252E.1. 22 (c) A postsecondary education subsidy as defined in section 23 598.1. 24 (d) Such other sums as described in section 252A.3, 25 subsection 12, giving due regard to the circumstances of the 26 plaintiff. 27 (2) A determination that the health care professional is a 28 biological parent of the child or the awarding of damages under 29 this paragraph “a” does not create a parent-child relationship 30 between the child and the health care professional for any 31 legal purpose. 32 b. Statutory damages in the amount of two hundred thousand 33 dollars. Such damages shall be awarded to the prevailing 34 plaintiff regardless of whether the child born as the result of 35 -4- S 3175.4475.S (2) 89 mb 4/ 6

being conceived through assisted reproduction in violation of 1 section 714I.3, subsection 2, is deceased at the time the civil 2 action is commenced or at the time a violation is found. 3 c. Costs attributable to the assisted reproduction procedure 4 or treatment process. 5 d. Court costs. 6 e. Reasonable attorney fees. 7 4. In addition to compensatory or punitive damages, a 8 prevailing plaintiff who brings an action under subsection 1, 9 paragraph “b” , is entitled to all of the following: 10 a. Statutory damages in the amount of five thousand dollars. 11 b. Costs attributable to the assisted reproduction procedure 12 or treatment process. 13 c. Court costs. 14 d. Reasonable attorney fees. 15 5. In addition to compensatory or punitive damages, a 16 prevailing plaintiff who brings an action under subsection 2 is 17 entitled to all of the following: 18 a. Statutory damages in the amount of five thousand dollars. 19 b. Court costs. 20 c. Reasonable attorney fees. 21 6. Notwithstanding any provision of law to the contrary, 22 an action brought pursuant to this section is not subject to a 23 statute of limitations and may be commenced at any time. 24 Sec. 5. Section 147.55, Code 2022, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 7A. Sexual abuse in the fourth degree in 27 violation of section 709.4A. 28 NEW SUBSECTION . 7B. Fraud in assisted reproduction in 29 violation of section 714I.3. 30 Sec. 6. Section 692A.102, subsection 1, paragraph c, Code 31 2022, is amended by adding the following new subparagraph: 32 NEW SUBPARAGRAPH . (012) Sexual abuse in the fourth 33 degree in violation of section 709.4A, subsection 3, if the 34 perpetrator is a health care professional as defined in section 35 -5- S 3175.4475.S (2) 89 mb 5/ 6

714I.2, who used the health care professional’s own human 1 reproductive material for assisted reproduction in violation of 2 section 714I.3, subsection 2. 3 Sec. 7. NEW SECTION . 709.4A Sexual abuse in the fourth 4 degree —— health care professionals. 5 1. A health care professional commits sexual abuse in 6 the fourth degree when the health care professional uses 7 or provides a patient with human reproductive material for 8 assisted reproduction other than that to which the patient 9 expressly consented in writing in violation of section 714I.3, 10 subsection 2. 11 2. Sexual abuse in the fourth degree is an aggravated 12 misdemeanor. 13 3. a. Notwithstanding subsection 2, sexual abuse in 14 the fourth degree is a class “D” felony if the health care 15 professional uses or provides the health care professional’s 16 own human reproductive material for assisted reproduction in 17 violation of section 714I.3, subsection 2. 18 b. A parent-child relationship between a child and a health 19 care professional is not created for any legal purpose when 20 the child is born as the result of being conceived through 21 commission of sexual abuse in the fourth degree as described 22 in this subsection. 23 4. For the purposes of this section, “assisted 24 reproduction” , “gamete” , “health care professional” , “human 25 reproductive material” , and “patient” mean the same as defined 26 in section 714I.2. 27 Sec. 8. NEW SECTION . 802.2E Sexual abuse —— fourth degree. 28 An information or indictment for sexual abuse in the fourth 29 degree may be commenced at any time after the commission of the 30 offense. >> 31 -6- S 3175.4475.S (2) 89 mb 6/ 6