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Panel advances bill criminalizing fertility fraud after testimony from man who says he discovered doctor was his biological father

JUDICIARY COMMITTEE - SENATE · March 17, 2021
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Summary

SB 474 would create criminal and civil remedies for so-called fertility fraud, including class B and C felonies and a civil cause of action. Matthew Smith, who testified he was conceived using an unauthorized donor, described personal and medical consequences; the committee voted to pass the bill.

Senate Bill 474, carried by Senator Beckham, would create criminal offenses for fertility fraud and a parallel civil cause of action. The sponsor said the measure fills a gap in Arkansas law; currently no statute specifically addresses the practice.

Matthew Smith testified at length that he learned his biological father was his parents' fertility doctor and described the emotional impact, obstacles obtaining DNA and medical records, and a pending civil case. Smith said delays and perceived inactivity by law enforcement and licensing authorities compounded the harm.

Committee members asked about procedural issues, access to DNA, and whether the bill should also include measures to facilitate records or DNA access; the sponsor said those issues are being considered but would complicate the current draft and that separate legislation could address procedural access to records. The committee voted to report the bill favorably by voice vote.