Iowa Code 714I.4 – Private right of action — damages
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 714I.4
- Child: includes child by adoption. See Iowa Code 4.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Donor: The person who makes a gift.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Fraud: Intentional deception resulting in injury to another.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
714I.4 Private right of action — damages.
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 § 714I.3, subsection 2.
(b) By a child born as the result of being conceived through assisted reproduction in violation of § 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 § 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 § 714I.3, subsection 2, but the conception does not result in the live birth of the child.
(2) A cause of action is barred under this paragraph “”b”” if the conception does not result in
a live birth because of an induced termination of pregnancy required to be reported pursuant to § 144.29A or because the patient or the patient’s spouse intentionally terminates the pregnancy in violation of § 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 § 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 § 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 § 714I.3, subsection 2, the health care professional is determined through blood or genetic testing to be a biological parent as defined in § 600A.2 of the child, and the action is brought within the time limitations specified in § 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 § 598.21B based on the health care professional’s monthly adjusted net income for the time period specified for support for a child under § 598.1, subsection 9.
(b) Medical support as defined in § 252E.1.
(c) A postsecondary education subsidy as defined in § 598.1.
(d) Such other sums as described in § 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. Statutory damages in the amount of two hundred thousand dollars. Such damages shall
be awarded to the prevailing plaintiff regardless of whether the child born as the result of being conceived through assisted reproduction in violation of § 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:
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.
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 § 714I.3, subsection 2.
(b) By a child born as the result of being conceived through assisted reproduction in violation of § 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 § 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 § 714I.3, subsection 2, but the conception does not result in the live birth of the child.
(2) A cause of action is barred under this paragraph “”b”” if the conception does not result in
a live birth because of an induced termination of pregnancy required to be reported pursuant to § 144.29A or because the patient or the patient’s spouse intentionally terminates the pregnancy in violation of § 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 § 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 § 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 § 714I.3, subsection 2, the health care professional is determined through blood or genetic testing to be a biological parent as defined in § 600A.2 of the child, and the action is brought within the time limitations specified in § 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 § 598.21B based on the health care professional’s monthly adjusted net income for the time period specified for support for a child under § 598.1, subsection 9.
(b) Medical support as defined in § 252E.1.
(c) A postsecondary education subsidy as defined in § 598.1.
(d) Such other sums as described in § 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. Statutory damages in the amount of two hundred thousand dollars. Such damages shall
be awarded to the prevailing plaintiff regardless of whether the child born as the result of being conceived through assisted reproduction in violation of § 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:
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.
§714I.4, FRAUD IN ASSISTED REPRODUCTION ACT 2
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.
2022 Acts, ch 1123, §4