2022 Kentucky Revised Statutes
Chapter 311 - Physicians, osteopaths, podiatrists, and related medical practitioners
311.373 Definitions -- Fraudulent assisted reproduction -- Cause of action -- Damages -- Statute of limitations -- Penalty.
Universal Citation:
KY Rev Stat § 311.373 (2022)
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311.373
Definitions -- Fraudulent assisted reproduction -- Cause of action -Damages -- Statute of limitations -- Penalty.
(1)
(2)
(3)
(4)
(5)
(6)
For purposes of this section:
(a) "Assisted reproduction" means a method of causing pregnancy other than
through sexual intercourse, including but not limited to:
1.
Intrauterine insemination;
2.
In vitro fertilization and transfer of embryos; and
3.
Intracytoplasmic sperm injection;
(b) "Health care provider" means an individual licensed by the Kentucky Board of
Medical Licensure or the Kentucky Board of Nursing, pursuant to KRS
Chapters 311 and 314; and
(c) "Human reproductive material" means a human sperm or ovum, or a human
organism at any stage of development from fertilized ovum to embryo.
A person is guilty of fraudulent assisted reproduction when he or she is a health care
provider performing an assisted reproduction procedure on a patient and:
(a) Knowingly causes the use of human reproductive material from a donor whom
the patient did not give written consent to receive it from; or
(b) Intentionally causes the use of his or her own human reproductive material
without the patient's knowledge and written consent.
(a) The patient who undergoes an assisted reproduction procedure in violation of
subsection (2) of this section;
(b) The patient's surviving spouse or partner listed on the child's birth certificate;
(c) The child conceived through assisted reproduction as a result of a violation of
subsection (2) of this section; or
(d) A donor whose human reproductive material is used without the donor's
consent or in a manner inconsistent with the donor's consent;
shall have a civil cause of action against any health care provider, the health care
provider's employer, or both, for a violation of the provisions of subsection (2) of
this section.
A civil action may be maintained under this section whether or not the person
alleged to have violated subsection (2) of this section has been charged or convicted
of the alleged crime.
Liability under this section shall include:
(a) Liquidated damages of ten thousand dollars ($10,000) plus the costs of the
fertility treatment and reasonable attorney's fees; or
(b) Compensatory and punitive damages including the costs of the fertility
treatment plus the costs of the action and reasonable attorney's fees.
An action under this section shall be commenced no later than five (5) years after:
(a) The eighteenth birthday of the child conceived through the fraudulent assisted
reproduction; or
(b)
(7)
The earliest of the dates when:
1.
The person first discovers evidence against the defendant through
deoxyribonucleic acid (DNA) analysis;
2.
The person first becomes aware of the existence of a record that
provides evidence against the defendant; or
3.
The defendant confesses to the offense.
A violation of subsection (2) of this section is a Class D felony.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 156, sec. 1, effective July 14, 2022.
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