Protecting Families from Fertility Fraud Act of 2026
- Bill Number
- H.R. 8295
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-04-15: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-19T08:06:33Z
AI-Generated Summary
Purpose
The Protecting Families from Fertility Fraud Act of 2026 aims to make it a federal crime to knowingly lie about the type or origin of genetic material (DNA) used in fertility treatments, such as in vitro fertilization (IVF) or artificial insemination, to protect families from "fertility fraud."
Key Provisions
- New Crime (18 U.S.C. § 2249): Punishes anyone who intentionally misrepresents the nature (e.g., type of genetic material) or source (e.g., whose sperm, eggs, or embryos) of DNA in:
- Assisted reproductive technology (ART), including procedures handling human eggs or embryos like IVF, gamete intrafallopian transfer, or zygote intrafallopian transfer.
- Assisted insemination, including procedures handling sperm like intrauterine insemination.
- Penalties: Fine, up to 10 years in prison, or both.
- Federal Jurisdiction: Applies if the act involves interstate or foreign commerce in any way, such as:
- Travel across state lines.
- Use of mail, wire, internet, or other communication tools.
- Payments via banks or commerce channels.
- Use of items (e.g., medical tools) that crossed state lines.
- Occurrence in U.S. territories or waters, or if it affects commerce.
- Extended Statute of Limitations: If DNA testing identifies the offender, prosecution is allowed up to 10 years after identification, overriding shorter time limits.
- Racketeering Link: Adds this crime to the list of offenses under the Racketeer Influenced and Corrupt Organizations (RICO) Act (18 U.S.C. § 1961), allowing for broader civil and criminal actions against organized fraud.
Significant Changes to Existing Law
- Adds a new section (§ 2249) to Chapter 109A of Title 18 U.S. Code (covering sexual abuse crimes), expanding federal criminal law into reproductive medicine.
- Inserts the offense into RICO's predicate acts, enabling prosecutions for patterns of such fraud.
- Updates the chapter's table of contents.
Potential Impacts
- Citizens: Provides federal protection for individuals and families using fertility services, enabling prosecution of deceptive practices (e.g., a doctor using their own sperm without consent).
- Government Agencies: Increases workload for the Department of Justice and FBI to investigate and prosecute cases with interstate elements; extends timelines for DNA-based cases.
- Healthcare Providers: Heightens criminal risks for fertility clinics, doctors, and labs involved in ART or insemination.
- No Direct International Relations Impact: Focuses on U.S. jurisdiction but could apply to foreign commerce.
Main Stakeholders Affected
- Patients and Families: Primary beneficiaries, gaining recourse against fraud in fertility treatments.
- Medical Professionals and Clinics: Face new federal criminal liability for misrepresentations.
- Law Enforcement and Prosecutors: Gain tools for federal cases, including RICO and extended timelines.
- Biotech and Pharma Companies: Potentially liable if supplying materials across state lines.
Notable Legal, Constitutional, or Political Implications
- Legal: Broad commerce clause jurisdiction (standard in federal law) ensures wide applicability but may lead to debates on federal overreach into state-regulated medicine.
- Constitutional: Extended statute of limitations tied to DNA identification could face challenges if seen as violating due process or speedy trial rights; placement in sexual abuse chapter may invite scrutiny on categorization.
- Political: Addresses high-profile fertility fraud cases, signaling congressional focus on reproductive rights and bioethics without altering abortion or IVF access laws.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Bice, Stephanie I. [R-OK-5]
Cosponsors (14)
Rep. Letlow, Julia [R-LA-5], Rep. Houlahan, Chrissy [D-PA-6], Rep. Steube, W. Gregory [R-FL-17], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Van Duyne, Beth [R-TX-24], Rep. Mace, Nancy [R-SC-1], Rep. Feenstra, Randy [R-IA-4], Rep. Gottheimer, Josh [D-NJ-5], Rep. LaHood, Darin [R-IL-16], Rep. Houchin, Erin [R-IN-9], Rep. Davis, Donald G. [D-NC-1], Rep. Davids, Sharice [D-KS-3], Rep. Morelle, Joseph D. [D-NY-25], Rep. Fitzpatrick, Brian K. [R-PA-1]
Recent Actions
- 2026-04-15: Referred to the House Committee on the Judiciary.
- 2026-04-15: Introduced in House
- 2026-04-15: Introduced in House
Bill Versions
- Protecting Families from Fertility Fraud Act of 2026 — issued 2026-04-15 — PDF (4 pages)