South Dakota House Bill 1094 Requires Explicit Consent for Ovum and Sperm Donation

Original title: clarify that consent for the donation of ovum or sperm must be explicit.

Last action · February 3, 2026: ReconsideredSponsors: Josephine Garcia and 14 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

South Dakota House Bill 1094 establishes that a general organ donor consent does not automatically grant permission to retrieve or donate or sperm without explicit separate consent.

Why it matters

Changes legal requirements for tissue and reproductive material recovery, ensuring that general organ donor designations do not apply to reproductive cells unless specifically stated.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

organ donors

Individuals registered as organ donors must provide separate explicit consent if they wish to include ovum or sperm in their donation.

Directly affected

medical and tissue recovery facilities

Hospitals and recovery organizations must verify separate explicit consent before retrieving ovum or sperm from donors.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Does signing up to be an organ donor include permission to donate sperm or ovum?

No. Under House Bill 1094, general organ donor consent does not constitute consent for the donation or of or sperm without explicit separate consent.

Where is this new rule codified?

The bill adds a new section to chapter 34-26 of South Dakota law.

What else do you want to know?

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Votes, people, money & the original source

Where This Stands

This bill did not become law - Died at adjournment · passed the House.

Procedural history

6 actions

Feb 3, 2026House
Reconsidered
Feb 2, 2026House
Intent to reconsider
Feb 2, 2026HouseFloor
Do Pass
Jan 29, 2026HouseCommittee
Do Pass
Jan 29, 2026House
Scheduled for hearing
Jan 20, 2026HouseIntroduced
First read in House and referred to

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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