Michigan House Passes Bills to Criminalize Fraudulent Fertility Procedures

Legislation aims to introduce accountability and penalize doctors, donors who misrepresent themselves or medical history

Published on Feb. 27, 2026

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The Michigan House has passed a package of bills that would make it a crime for doctors providing fertility treatments to knowingly inseminate a patient with their own DNA without consent. The legislation would also penalize donors who knowingly misrepresent their identity or medical history. The bills were introduced in response to cases across the state where patients were deceived about the genetic makeup of their children.

Why it matters

The bills aim to address a pervasive problem in the fertility industry where patients have been misled about the genetic makeup of their children. Supporters argue this legislation is necessary to introduce accountability, while opponents are concerned the language could have a chilling effect on fertility procedures and unfairly target donors.

The details

The House-approved legislation would make it a crime for doctors to knowingly inseminate a patient with their own DNA without consent. Donors who knowingly misrepresent their identity or medical history would also face penalties. The bills were crafted with input from prosecutors, doctors, and victims, but have faced opposition from some Democratic lawmakers who feel the language is too broad and could put donors at risk of liability.

  • The Michigan House passed the bills on February 20, 2026.

The players

Rep. John Roth

A Republican state representative from Interlochen who introduced the legislation after being contacted by a constituent who was deceived about the genetic makeup of her children during fertility treatments.

Rep. Laurie Pohutsky

A Democratic state representative from Livonia who opposes the bills, arguing the language creates issues with liability, particularly for donors who may not know the medical history of distant relatives.

Sean Tipton

The chief advocacy & policy officer at the American Society of Reproductive Medicine, who welcomes regulation but cautions that human reproduction is a gamble and outcomes are not always guaranteed.

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What they’re saying

“Currently in Michigan, it's the wild, wild west and there are no guardrails.”

— Rep. John Roth, State Representative (wwmt.com)

“I think that there is an issue that these bills aim to address that does need to be taken seriously. I just think that the language of these bills creates an issue with liability.”

— Rep. Laurie Pohutsky, State Representative (wwmt.com)

“There's no place for deception, there's no place for lying, and those acts ought to be punished.”

— Sean Tipton, Chief Advocacy & Policy Officer, American Society of Reproductive Medicine (wwmt.com)

What’s next

The bills now move to the Michigan Senate, where the Democratic concerns are likely to be echoed, meaning the legislation still has a long way to go before potentially becoming law.

The takeaway

This legislation highlights the ongoing challenges in the fertility industry to balance accountability and transparency with the complexities of human reproduction. While supporters argue it is necessary to prevent deception, opponents worry the language could have unintended consequences that discourage fertility procedures.