H.R. 8295: Protecting Families from Fertility Fraud Act of 2026 (119th Congress) Bill Summary

This bill, known as the Protecting Families from Fertility Fraud Act of 2026, aims to enhance legal protections surrounding assisted reproductive technology (ART). It proposes several key provisions:

Criminalization of Misrepresentation in Assisted Reproductive Technology

The bill makes it a federal crime to knowingly misrepresent the nature or source of DNA used in assisted reproductive technologies, which includes procedures like in vitro fertilization, sperm donation, and other related processes. If someone is found guilty of this offense, they could face:

A fine
Imprisonment for up to 10 years

Circumstances of the Offense

The bill defines specific situations under which the misrepresentation becomes a federal offense. These include circumstances where:

The defendant or victim engaged in interstate or foreign travel related to the ART conduct.
The actions involved the use of any means of interstate or foreign commerce.
Payments related to the conduct were made through channels affecting interstate commerce.
Communications regarding the ART services were transmitted using interstate channels.
Any physical items necessary for the ART procedures had traveled in interstate commerce.
The conduct occurred within U.S. territorial jurisdictions.
The actions affected interstate commerce in any manner.

Statute of Limitations

The bill establishes a unique statute of limitations for crimes identified through DNA testing. It stipulates that if DNA evidence identifies a person who violated the new regulations, they can be prosecuted up to 10 years from the date they are identified, regardless of any usual time limits that might apply to the offense.

Inclusion in Racketeering Activities

Additionally, the bill proposes to add violations related to ART misrepresentation into the definition of racketeering activity under U.S. federal law. This would allow for enhanced legal action and penalties for those found to be engaging in such fraudulent practices.

Table of Contents Amendment

Finally, the bill proposes an amendment to the Table of Contents of related federal laws to include the new section addressing fraud in assisted reproductive technology.