South Dakota just became the 15th state to criminalize fertility fraud.

Rep. Terri Jorgenson first learned about fertility fraud through a podcast series created by Them Before Us, an organization led by renowned child advocate Katy Faust. The series highlighted several disturbing instances of fertility fraud, such as the case of Dr. Donald Cline, who was found guilty of fathering up to 90 children by swapping in his own sperm without patients’ knowledge. 

Dr. Cline is one of more than 50 doctors accused of perpetrating fertility fraud.

The nearly unregulated IVF industry has opened a door for people to commit crimes that can, and do, go undetected for decades. Recognizing the need to protect South Dakota residents from the horrifying crime of fertility fraud, Rep. Jorgenson authored HB 1164. The bill states:

“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.”

The bill passed through both chambers unanimously and was signed into law by Governor Rhoden on March 10, 2026.

“South Dakota just affirmed a simple truth: a child’s biological father cannot be swapped out without consequence. The state now treats unauthorized substitution of biological parentage as a felony, recognizing that a child’s genetic identity is not interchangeable,” Them Before Us wrote. “Fertility fraud is not just a violation of patient consent. The children created through these practices live with the consequences for life.”

We’re proud that our state legislators set party lines aside and stood together for the protection of children. Fertility fraud should concern everyone. No child should be forced to live with a lie about their DNA due to an adult believing it’s an inconsequential aspect of their life story. 

“They are left to grapple with the aftermath as they realize and process that they were conceived in medical assault,” Josh Wood, one of the bill’s proponents, stated. “They experience genealogical bewilderment. They discover half-siblings living in close proximity. We actually have cases where some have even dated, and they deal with the implications of not knowing their own family medical history.”

HB 1164 recognizes that biological identity is not a trivial detail—it is a defining part of a child’s life and identity.

“As lawmakers, protecting children is one of our most important responsibilities. A child’s biological identity is not interchangeable,” Jorgenson shared in a press release. “When a doctor secretly replaces one man’s genetic material with another’s, he isn’t just deceiving parents – he’s making a permanent decision that shapes the child’s identity and family relationships for the rest of their life. I brought this bill because children’s biological identity matters.” 

Watch Them Before Us’ interview with Rep. Jorgenson here: