1. A cause of action for damages against any person in violation of section 714I.3,
subsection 2, may be brought in accordance with the following:
a.
(1)(a) By the patient or the spouse of the patient, if the patient conceives and gives
birth to a child through assisted reproduction in violation of section 714I.3, subsection 2.
(b)By a child born as the result of being conceived through assisted reproduction in
violation of section 714I.3, subsection 2, if the patient who conceived and gave birth to such
child or the patient’s spouse is deceased or is otherwise unable to bring such cause of action.
(2)A patient, or the spouse of the patient, has a separate cause of action under this
paragraph “a” for each conception and birth of a child through assisted reproduction
performed in violati
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1. A cause of action for damages against any person in violation of section 714I.3,
subsection 2, may be brought in accordance with the following:
a. (1) (a) By the patient or the spouse of the patient, if the patient conceives and gives
birth to a child through assisted reproduction in violation of section 714I.3, subsection 2.
(b) By a child born as the result of being conceived through assisted reproduction in
violation of section 714I.3, subsection 2, if the patient who conceived and gave birth to such
child or the patient’s spouse is deceased or is otherwise unable to bring such cause of action.
(2) A patient, or the spouse of the patient, has a separate cause of action under this
paragraph “a” for each conception and birth of a child through assisted reproduction
performed in violation of section 714I.3, subsection 2.
b. (1) By the patient or the spouse of the patient, if the patient conceives through assisted
reproduction in violation of section 714I.3, subsection 2, but the conception does not result
in the live birth of the child.
(2) Acauseofactionisbarredunderthisparagraph“b”iftheconceptiondoesnotresultin
a live birth because of an induced termination of pregnancy required to be reported pursuant
to section 144.29A or because the patient or the patient’s spouse intentionally terminates the
pregnancy in violation of section 707.7.
2. A cause of action for damages may be brought by a donor whose human reproductive
material resulted in the conception or conception and birth of a child conceived through
assisted reproduction in violation of section 714I.3 or whose human reproductive material
was used without the donor’s consent or in a manner or to an extent other than that to which
the donor consented in violation of section 714I.3.
3. In addition to compensatory or punitive damages, a prevailing plaintiff who brings an
action under subsection 1, paragraph “a”, is entitled to all of the following:
a. (1) If the health care professional used the health care professional’s own human
reproductive material for assisted reproduction in violation of section 714I.3, subsection 2,
the health care professional is determined through blood or genetic testing to be a biological
parent as defined in section 600A.2 of the child, and the action is brought within the time
limitations specified in section 614.8, damages in an amount that is the sum of all of the
following:
(a) The basic support obligation prescribed by the child support guidelines established
pursuant to section 598.21B based on the health care professional’s monthly adjusted net
income for the time period specified for support for a child under section 598.1, subsection 9.
(b) Medical support as defined in section 252E.1.
(c) A postsecondary education subsidy as defined in section 598.1.
(d) Such other sums as described in section 252A.3, subsection 12, giving due regard to
the circumstances of the plaintiff.
(2) A determination that the health care professional is a biological parent of the child or
the awarding of damages under this paragraph “a” does not create a parent-child relationship
between the child and the health care professional for any legal purpose.
b. Statutorydamagesintheamountoftwohundredthousanddollars. Suchdamagesshall
be awarded to the prevailing plaintiff regardless of whether the child born as the result of
being conceived through assisted reproduction in violation of section 714I.3, subsection 2, is
deceased at the time the civil action is commenced or at the time a violation is found.
c. Costs attributable to the assisted reproduction procedure or treatment process.
d. Court costs.
e. Reasonable attorney fees.
4. In addition to compensatory or punitive damages, a prevailing plaintiff who brings an
action under subsection 1, paragraph “b”, is entitled to all of the following:
3 FRAUD IN ASSISTED REPRODUCTION ACT, §714I.4
a. Statutory damages in the amount of five thousand dollars.
b. Costs attributable to the assisted reproduction procedure or treatment process.
c. Court costs.
d. Reasonable attorney fees.
5. In addition to compensatory or punitive damages, a prevailing plaintiff who brings an
action under subsection 2 is entitled to all of the following:
a. Statutory damages in the amount of five thousand dollars.
b. Court costs.
c. Reasonable attorney fees.
6. Notwithstanding any provision of law to the contrary, an action brought pursuant to
this section is not subject to a statute of limitations and may be commenced at any time.