Misuse of sperm, ova, or embryos: damages.

Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology for any purpose other than that indicated by the sperm, ova, or embryo provider's signature on a written consent form, and to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. This bill would authorize a private cause of action for damages against a person who misuses sperm, ova, or embryos in violation of those provisions. The bill would specify that a prevailing plaintiff who suffers harm as a result of such a violation may be awarded actual damages or statutory damages of not less than $50,000, whichever is greater.