TRENTON, N.J. – It’s not a law yet, but it probably should have been if this sort of thing is happening in New Jersey.
New Jersey lawmakers are moving to make it a crime for medical professionals to use their own or unauthorized reproductive material in fertility procedures without a patient’s consent, following growing national scrutiny over cases of so-called “fertility fraud.”
The Assembly Judiciary Committee voted on May 8 to approve Assembly Bill 3735, which would create a new third-degree crime targeting health care practitioners who knowingly perform assisted reproduction treatments using their own sperm, eggs, or embryos—or those of another person—without the patient’s written informed consent.
A conviction under the bill would carry a potential prison sentence of three to five years, a fine of up to $15,000, or both. The measure also mandates that any practitioner found guilty would permanently lose all medical licenses or certifications related to providing health care services.
The legislation establishes one of the nation’s stricter frameworks for prosecuting fertility fraud, setting a statute of limitations that allows criminal charges to be filed within 20 years of the procedure or within 10 years after the victim learns of the offense—acknowledging that such cases often surface decades later through DNA testing or genetic tracing.
“Fertility fraud” has gained attention in recent years after several high-profile cases in which fertility specialists were found to have used their own genetic material without patients’ knowledge. Lawmakers say the bill is designed to ensure accountability and restore trust in reproductive medicine.
Under the proposal, “assisted reproduction” includes procedures such as artificial insemination, in vitro fertilization, and embryo transfers. The bill also defines key terms like “gamete,” meaning sperm or egg, and “human reproductive material,” which covers both gametes and pre-embryos.
