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8 Child & Fam. L.J. 133 (2020)
Fertility Fraud and Proposal for Florida Legislation

handle is hein.journals/cflj8 and id is 133 raw text is: 












        Fertility Fraud and Proposal for Florida Legislation

                                             Cheyenne Dunn*
                      Table of Contents

I. INTRODUCTION

II. BACKGROUND
    A.  ASSISTED REPRODUCTIVE TECHNOLOGY
    B.  LACK OF REGULATION
    C.  FERTILITY FRAUD- A CRIME IN ITS INFANT STATE

III. ISSUE
    A.  CIVIL CLAIMS
             i. Medical Malpractice
             ii. Fraud
             iii. Battery
     B. CRIMINAL CLAIMS
             i. Sexual Battery
    C.  SUMMARY

IV. PUBLIC  POLICY
     A. PHYSICIAN-PATIENT RELATIONSHIP
     B. RAPE &  SEXUAL ASSAULT
     C. PROCREATION  AND FAMILY RELATIONSHIPS
     D. PERSONAL  IDENTITY

V. PROPOSED SOLUTION
     A. INDIANA STATUTE
     B. TEXAS STATUTE
     C. PROPOSED FLORIDA LEGISLATION
             i. New Legislation Should be Enacted in Florida Which
             Creates a Civil Cause of Action for Fertility Fraud
             Which   Allows for  Compensatory   and  Punitive
             Damages
             ii. Florida Should Modify the Current Sexual Battery
             Statute to Better Accommodate to the Nature of the
             Crime of Fertility Fraud

VI. CONCLUSION

* J.D., May 2021, Barry University Dwayne 0. Andreas School of Law. I would
like to thank my family and friends for being so supportive of my writing and
understanding of my extended absences to do so. I could not do any of this
without you all.


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