HB 1164 South Dakota House · 2026 Regular Session

establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.

HB 1164 makes it a Class 5 felony for licensed healthcare providers to use reproductive material (like sperm or eggs) without a patient’s written consent during assisted reproduction procedures (e.g., IVF). It directly affects healthcare providers, patients, donors, and children born from such procedures. The bill establishes civil liability, allowing patients, spouses, intended parents, children, or donors to sue for $10,000 in liquidated damages plus other costs and attorney fees. Lawsuits must be filed within five years of the child’s 18th birthday or when evidence (like DNA results) is discovered.

Issues: ✓ Healthcare

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Mar 2026

Signed into Law

Mar 2026

Introduced Jan 28, 2026 Signed Mar 10, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 4 edits · Mar 3, 2026

MODERATE

This bill introduces new criminal and civil protections for individuals undergoing assisted reproduction procedures. It establishes a new felony crime for healthcare providers who knowingly use reproductive material without a patient's written consent and creates a civil lawsuit pathway for patients, children, and donors to seek damages if their consent was violated.

Scope change

The bill expands the scope of South Dakota law by adding entirely new sections to Chapter 22-22A, creating specific legal remedies for reproductive material misuse that did not previously exist.

DEFINITION

New definitions were added for 'assisted reproduction procedure,' 'donor,' and 'reproductive material' to clarify the terms used in the new law.

ENFORCEMENT

A new Class 5 felony was created for licensed healthcare providers who use reproductive material without the patient's written consent or use their own material without consent.

ELIGIBILITY

New eligibility criteria were established allowing patients, children born from the procedure, intended parents, and donors to file civil lawsuits against providers who violated consent requirements.

TIMELINE

A five-year statute of limitations was added for civil actions, starting from the child's 18th birthday or when evidence of the violation is discovered.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 10, 2026

Signed into law

Signed by the Governor on 2026-03-10 H.J. 547

executive

Mar 4, 2026

Upper · Passed

Signed by the President S.J. 470

upper

Mar 3, 2026

Upper · Passed

Signed by the Speaker H.J. 492

upper

Mar 2, 2026

Upper · Passed

Senate Do Pass , Passed, YEAS 33, NAYS 0 S.J. 426

upper

Feb 26, 2026

Upper · Passed

Certified uncontested, placed on consent , Passed,

upper

Feb 26, 2026

Upper · Passed

Judiciary Do Pass , Passed, YEAS 5, NAYS 0

upper

Feb 10, 2026

Introduced

First read in Senate and referred to Senate Judiciary S.J. 232

upper

Feb 9, 2026

Lower · Passed

House of Representatives Do Pass , Passed, YEAS 65, NAYS 0 H.J. 262

lower

Feb 6, 2026

Lower · Passed

Certified uncontested, placed on consent , Passed, H.J. 13

lower

Feb 6, 2026

Lower · Passed

Judiciary Do Pass , Passed, YEAS 11, NAYS 0 H.J. 13

lower

Jan 28, 2026

Introduced

First read in House and referred to House Judiciary H.J. 164

lower

11 primary · 0 co-sponsors