South Dakota legislation · 101st Legislature (2026)
South Dakota HB1164: establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.
Status: Signed into law, March 10, 2026
What the bill says
An Act ENTITLED An Act to establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.
From the enrolled text, March 3, 2026:
An Act ENTITLED An Act to establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor. Be it enacted by the Legislature of the State of South Dakota: Section 1. That a NEW SECTION be added to chapter 22-22A: Terms used in this Act mean: (1) "Assisted reproduction procedure," a method of causing pregnancy, other than through sexual intercourse, including in vitro fertilization and transfer of embryos, intracytoplasmic sperm injection, and intracervical or intrauterine insemination; (2) "Donor," an individual who donates reproductive material, whether for personal use or compensation; and (3) "Reproductive material," a human sperm or ovum, or a human organism at any stage of development from fertilized ovum to embryo. Section 2. That a NEW SECTION be added to chapter 22-22A: It is a Class 5 felony for a licensed health care provider, in the performance of an assisted reproduction procedure, to: (1) Knowingly cause the use of reproductive material from a donor if the patient did not give written consent to receive the reproductive material from the donor; or (2) Intentionally cause the use of the licensed health care provider's own reproductive material without the patient's written consent. It is not a defense to a violation of this section that the patient consented to an anonymous donor. Notwithstanding any other provision of …
Sponsors
- Amber Hulse (R, SD-030) · primary sponsor
- Terri Jorgenson (R, HD-029) · primary sponsor
- Red Foster (D, SD-027)
- Josephine Garcia (R, HD-005)
- Timothy Goodwin (R, HD-030)
- Lana Greenfield (R, HD-022)
- Jana Hunt (R, HD-028)
- Dylan Jordan (R, HD-004)
- Carl Perry (R, 03)
- Tom Pischke (R, 25)
- Bethany Soye (R, HD-009)
Latest actions
- : Signed by the Governor
- : Delivered to the Governor
- : Signed by the President
- : Signed by the Speaker
- : Do Pass
- : Certified uncontested, placed on consent
- : Do Pass
- : Scheduled for hearing
- : First read in Senate and referred to Judiciary
- : Do Pass
Votes
- Do Pass (March 2, 2026): 33 yea, 0 nay, passed
- Do Pass (February 26, 2026): 5 yea, 0 nay, passed
- Do Pass (February 9, 2026): 65 yea, 0 nay, passed
- Do Pass (February 6, 2026): 11 yea, 0 nay, passed
Subjects: Crimes, Health Care, Penalty, Attorney's Fees
Common questions
- What is HB1164?
- HB1164 is a bill in the South Dakota Legislature (101st Legislature (2026)): establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.
- What does HB1164 do?
- In its own words: An Act ENTITLED An Act to establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.
- What is the status of HB1164?
- Signed into law as of March 10, 2026. Latest action: Signed by the Governor (March 10, 2026).
- Who sponsored HB1164?
- Amber Hulse (R, SD-030), with 10 co-sponsors.
- Where is the official record for HB1164?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26945
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.