Bill > HB95

This bill establishes comprehensive legal protections and requirements for assisted reproductive treatment (ART), which is defined as any method of causing pregnancy outside of sexual intercourse. The legislation mandates that health care providers obtain explicit, written informed consent from both donors and recipients before performing any ART procedure. Providers are required to use reproductive material only with the donor's and recipient's informed consent, and must maintain detailed records of these consents. The bill prohibits health care providers from using their own reproductive material without patient consent and from misrepresenting donor information, including genetic characteristics or medical history. If a provider violates these provisions, they can be held liable for civil damages, with potential consequences including monetary compensation up to $50,000, payment of treatment costs, and attorney's fees. Moreover, the bill introduces criminal penalties, making it a felony punishable by up to 10 years in prison and/or a $5,000 fine for intentionally providing ART using a provider's own reproductive material without patient consent. The law also provides specific rights for children born through such treatments, including the ability to access the health care provider's medical records through a protective order. The bill will take effect on October 1, 2025, and is designed to protect the rights and interests of patients, donors, and resulting children in assisted reproductive treatments.

Health and Social Services

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0095?ys=2025RS