Capitol News

State Representative John Roth has reintroduced a bipartisan legislative plan aimed at addressing fertility fraud and protecting women’s healthcare in Michigan. Fertility fraud, also referred to as assisted reproduction fraud, involves situations where doctors inseminate women with their own sperm during fertility treatments or when sperm donors provide false information about themselves, sometimes to hide genetic health issues.

“In a time when fearmongering and threats to women’s health and safety run rampant, we must take steps to address these critical issues at their core,” Roth, R-Interlochen, said. “Many families turn to fertility doctors in their darkest hours, after months or years of trying and failing to conceive a child. These doctors are supposed to be trusted advisors, guiding women through the difficult process of assisted reproduction. However, state law fails to properly address situations where wicked doctors hijack a mother’s womb and violate every notion of trust that should exist between a doctor and a patient. The consequences for these heinous actions must be made to reflect the vile nature of fertility fraud.”

Currently, Michigan does not require facilities like sperm banks to verify important details such as donors’ medical history, education background, or criminal records. There is also no law explicitly prohibiting doctors from inseminating patients with their own sperm without consent.

Roth became aware of these gaps in state law after hearing from a local resident who was affected by fertility fraud. In her case, her mother believed she had selected a sperm donor based on Scottish heritage; however, the biological father turned out to be her mother’s fertility doctor. Dr. Philip Peven was later found through investigations to have fathered more than twelve children under similar circumstances.

“A member of our Northern Michigan community grew up believing she was entirely Scottish, only to discover, through a 23andMe genetic test, that she is actually half Jewish,” Roth said. “She had more in common genetically with the doctor’s son than her own sister. As genetic testing becomes more accessible, more individuals will uncover similar truths about their identities. It is imperative that medical professionals understand that these actions are not victimless crimes. Everyone deserves to know their genetic heritage.”

The proposed legislation—House Bills 5035-5039—would make Assisted Reproductive Technology Fraud an official crime in Michigan and introduce both civil and criminal penalties along with establishing statutes of limitations for complaints. The bills are sponsored by Roth along with Representatives Samantha Steckloff (D-Farmington Hills) and Alicia St. Germaine (R-Harrison Township).

Seventeen other states have already passed laws addressing fertility fraud.