Washington state doctors who use their own semen to impregnate patients could now face prison time

It will soon be a felony for Washington state doctors to use their own semen to impregnate fertility patients without their consent — a policy advocates say is long overdue.

The act, known as fertility fraud, will become a form of third-degree criminal assault and could require any violators to surrender their medical licenses, regardless of any conviction. Offenders could also face up to five years in prison and $10,000 in fines.

“[The new law] cracks down on fertility fraud by empowering patients to take recourse against health care providers who exploit their trust by implanting their own gametes or reproductive material,” said State Rep. Tina Orwall (D-Des Moines), a sponsor of the defining legislation, House Bill 1300.

Several iterations of the bill had failed to gain enough support to move forward in years prior, in part due to scrutiny over how to enact such a criminal penalty: Some lawmakers thought fertility fraud should be classified as rape, while others thought it should fall under assault.

Revelations of fertility fraud have emerged around the world in recent years, as at-home DNA testing kits have gained popularity — and exposed familial connections between people conceived via artificial insemination and fertility doctors. Last year, doctors in Seattle and Spokane made headlines as fertility fraud allegations against them surfaced.

RELATED: 'Such a violation': Patients of former UW doctor accused of fertility fraud grapple with uncertainty, tough choices

Orwall said the new law is about “safety and justice.” “It means long overdue justice for people who have been so deeply harmed by their health care provider. It's really shattered many lives, including the lives of people that I serve,” she added.

Washington is the 10th U.S. state to pass legislation making fertility fraud a crime.

“It's very meaningful to become a state that really has acknowledged the harm this does and really is supporting survivors,” Orwall said.

The bipartisan bill will take effect 90 days after Governor Jay Inslee signs it.