SPRINGFIELD – Illinois residents who are victims of fertility fraud will soon be able to bring action against health care providers, thanks to a new law from State Senator Dave Koehler.

When Bloomington resident Curt Richardson got his DNA test results back from Ancestry.com in June 2021, 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. Koehler worked to bring awareness to fertility fraud and provide justice to the families who fall victim to the heinous act.

“The pain a person feels when they find out they are victims of fertility fraud is something no one should have to go through,” said Koehler (D-Peoria). “These acts have gone unpunished for too long, and the health care professionals who commit such acts deserve to face dire consequences.”

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.

Koehler’s new law allows people to bring action against health care providers who commit fertility fraud. It 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.

“This crime has caused trauma for countless families across Illinois and the country,” said Koehler. “Under this new law, victims will be able to bring action against those who commit this heinous crime.”

Senate Bill 380 takes effect Jan. 1, 2024.