SPRINGFIELD – When Bloomington resident Curt Richardson got his DNA test results back from Ancestry.com, his life – and those of his parents – changed forever when they learned they had been victims of fertility fraud.

Richardson’s story is similar to hundreds of others across the state and nation who have lived most of their lives thinking the very people who raised them were their biological parents. State Senator Dave Koehler is working to bring awareness to fertility fraud and provide justice to the families who fall victim to the heinous act.

“Fertility fraud is an issue that has been overlooked for far too long,” said Koehler (D – Peoria). “This is a horrible practice that has gone unpunished. Illinois needs to join other states in taking a stand for those who have been affected by this horrendous act.”

Fertility fraud occurs when a health care provider knowingly or intentionally uses their own human reproductive cells during an assisted reproductive treatment without the patient’s informed written consent.

When Richardson received his at-home DNA test results in June of 2021, he knew he couldn’t be silent. Richardson reached out to Koehler for help to ensure that if any other Illinoisans becomes victim of fertility fraud, they would be able to take legal action.

Senate Bill 380 would create the Illinois Fertility Fraud Act, which would allow people to bring action against health care providers who knowingly or intentionally use their own reproductive cells without the patient’s informed written consent.

The measure provides a civil cause of action for donor fertility fraud against health care providers who treat patients for infertility using donated human reproductive material without consent. It also states that any child born as a result of fertility fraud is entitled to a qualified protective order allowing the child access to the personal medical records and health history of the person who committed the fraud.

Illinois would join states like Texas, California and Indiana in outlining penalties for fertility fraud. The Illinois Fertility Fraud Act, the staunchest legislation of its kind currently being considered, is most similar to the legislation passed in Indiana, brought about in 2019 after a woman’s Ancestry.com DNA test revealed she had at least 50 biological half siblings due to a fertility doctor using his own sperm to impregnate his patients throughout the 70s and 80s.

Senate Bill 380 passed the Senate Friday and now heads to the House for further consideration.