South Dakota statute
SDCL § 22-22A-7 — Fraudulent assisted reproduction--Civil action--Parties--Separate causes of action--Damages and costs--Attorney’s fees--Relation to criminal action
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 22A: Offenses Against The Family, South Dakota Codified Laws.
Full text of SDCL § 22-22A-7
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
The following individuals may bring a civil action against a licensed health care provider for performing an assisted reproduction procedure in violation of § 22-22A-6:
(1) The patient who gives birth to a child as a result of the assisted reproduction procedure;
(2) The surviving spouse of the patient under subdivision (1);
(3) The intended parent of a child born as a result of the assisted reproduction procedure;
(4) A child born as a result of the assisted reproduction procedure in violation of § 22-22A-6; and
(5) The donor whose reproductive material was used without the donor's consent or in a manner inconsistent with the donor's consent.
An individual who brings any action under subdivisions (1) to (4) of this section has a separate cause of action for each child born as a result of the assisted reproduction procedure. An individual who brings an action under subdivision (5) of this section has a separate cause of action for each patient who received an assisted reproduction procedure using the donor's reproductive material.
An individual who prevails in an action under this section is entitled to liquidated damages of ten thousand dollars, compensatory and punitive damages, and reasonable attorney's fees. An individual who prevails in any action brought pursuant to subdivisions (1) to (4) of this section is also entitled to all costs associated with the assisted reproduction procedure.
An action may be maintained under this section whether or not the licensed health care provider alleged to have violated § 22-22A-6 is charged or convicted of the alleged crime.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.