SB 380

Abstract

Amends the Code of Civil Procedure. Makes a technical change in the short title Section. Senate Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/1-101 Adds reference to: New Act 35 ILCS 5/203 from Ch. 120, par. 2-203 735 ILCS 5/13-212 from Ch. 110, par. 13-212 735 ILCS 5/13-215.1 new Replaces everything after the enacting clause. Creates the Illinois Fertility Fraud Act. Allows the following individuals to bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material without the patient's informed written consent to treatment using the health care provider's, embryologist's, or person's human reproductive material: a woman who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy; the spouse of the woman; the surviving spouse of the woman; or a child born as a result of the treatment. Allows a donor of human reproductive material to bring an action against a health care provider under certain circumstances. Provides that a plaintiff who prevails in an action is entitled to reasonable attorney's fees and compensatory and punitive damages or liquidated damages of $50,000. Provides that any child born as a result of the fertility fraud is entitled to a qualified protective order allowing the child access to the personal medical records and health history of the health care provider, embryologist, or other person who committed the fraud. Amends the Illinois Income Tax Act. Includes in the list of modifications of a taxpayer's adjusted gross income for the taxable year, to the extent includible in gross income for federal income tax purposes, any amount awarded or paid to the taxpayer as a result of a judgment or settlement for fertility fraud. Amends the Code of Civil Procedure. Provides that an action for fertility fraud must be commenced within the later of 20 years after specified events. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: In the Illinois Fertility Fraud Act: Changes the definition of "assisted reproductive treatment". Defines "embryologist", "intended parent", and "laboratory". Provides that the intended parent of the child born as a result of the assisted reproductive treatment (rather than the spouse of a woman who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy) may bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material without the patient's informed written consent to treatment using the health care provider's, embryologist's, or person's human reproductive material. Allows a donor of human reproductive material to bring an action against a health care provider, embryologist, or any other person involved in any stage of the treatment (rather than only a health care provider). In the Illinois Income Tax Act: Includes in the list of modifications of a taxpayer's adjusted gross income for the taxable year, to the extent includible in gross income for federal income tax purposes, any amount awarded or paid to the taxpayer as a result of a judgment or settlement for donor fertility fraud.