Assemblymember Brian Maienschein’s Fertility Fraud Legislation Passes Unanimously on the Assembly Floor

Friday, June 12, 2020

SACRAMENTO – The California State Assembly showed unanimous support for Assemblymember Brian Maienschein’s legislation regarding the statute of limitations in fertility fraud crimes this week. AB 2014 changes the statute of limitations in these cases from beginning immediately after commission of the crime to after the victim has discovered the offense has occurred.

Fertility fraud occurs when an Assisted Reproductive medicine doctor knowingly implants a patient with a sperm sample or ova that is not the one selected by the patient. This crime sometimes takes place when the doctor swaps the sperm from the selected donor to one of his own without the consent of the patient.

The current statute of limitations for this crime in California begins immediately after the crime has transpired; however, victims are commonly unaware that the offense has taken place until years or decades later. Under this current statute, perpetrators could escape prosecution if the crime is not discovered in the timeframe allotted. AB 2014 changes the statute of limitations to begin after the victim has learned that the offense has happened.

“I am very proud that this important piece of legislation had unanimous support in the Assembly,” said Assemblymember Maienschein.

“I cannot imagine the pain and trauma this crime brings upon its victims. This bill will help set protections for victims of new cases and victims who are actively seeking justice,” Maienschein stated.

AB 2014 is now on its way to the California State Senate and will be heard in a committee and on the Senate floor.

Assemblymember Maienschein of San Diego represents the 77th Assembly District in the California Legislature.