South Dakota § 22-22A-7 - Fraudulent assisted reproduction--Civil action--Parties--Separate causes of action--Damages and costs--Attorney’s fees--Relation to criminal action.
Full text of South Dakota South Dakota Codified Laws § 22-22A-7 — Fraudulent assisted reproduction--Civil action--Parties--Separate causes of action--Damages and costs--Attorney’s fees--Relation to criminal action., with citation guidance and answers to common questions.
§ 22-22A-7. Fraudulent assisted reproduction--Civil action--Parties--Separate causes of action--Damages and costs--Attorney’s fees--Relation to criminal action.
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.
Source: SL 2026, ch 106, § 3.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-22A-7
What does South Dakota Codified Laws § 22-22A-7 cover?
Section 22-22A-7 ("Fraudulent assisted reproduction--Civil action--Parties--Separate causes of action--Damages and costs--Attorney’s fees--Relation to criminal action.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 22-22A-7?
A common citation format is "South Dakota Codified Laws § 22-22A-7" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 22-22A-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.