LANSING — Michigan lawmakers took a step toward criminalizing “fertility fraud” this week. Those are instances where a family seeking IVF or a sperm donation has their preferred father swapped without their knowledge or permission.
The policies have been championed by State Rep. John Roth, (R) District 104, Interlochen.
Roth says he was contacted over five years ago by a family from Grand Traverse County who had experienced fertility fraud.
Years after receiving IVF treatment, they learned the intended father’s sperm had been swapped out with that of the fertility doctor’s.
“Everything she believed about her own story — her heritage, her family, her own identity — was shattered,” Roth said of the family’s daughter. “She learned that the sperm donation her parents carefully selected was literally thrown away and replaced.”
Roth also shared regret that it had been more than five years since the bills were initially introduced. Michigan would have been one of the first states in the nation to adopt these policies — Roth now says the state is around the 20th.
“Under current law, none of this is illegal,” Roth said. “A doctor can secretly substitute his own sperm. A donor can lie about their medical and personal background. There is no criminal penalty, no accountability, no justice for the people whose lives have been forever altered.”
The five-bill package passed through the state House Wednesday with some bipartisan support — all Republicans voted in favor of the policies, along with some Democrats.
Most Democratic lawmakers in the House voted against the package. Some say they feel the policies are too restrictive on medical providers and could discourage people from entering the field of fertility.