Senate OKs Bill Targeting Theft of Human Eggs

Responding to the UC Irvine fertility clinic scandal, the state Senate on Thursday voted unanimously to make the stealing of human eggs a crime.

The bill, introduced by Sen. Tom Hayden (D-Santa Monica), would outlaw the intentional transfer of eggs, sperm or embryos without written consent from donors and recipients.

The bill, which passed without debate, is expected to be taken up by the Assembly in the next few weeks.

“It’s clear that the importance of this issue has sunk in to the Legislature, at least to the Senate,” Hayden said. “I know it’s insufficient consolation for those families or individuals who have been abused by this, but I think it sends a message that censure of this kind of behavior” is warranted.

At least 60 families have alleged that, in the past decade, three UC Irvine doctors at fertility clinics in Orange and Garden Grove and at UC San Diego stole eggs and embryos from patients and implanted them in others, some of whom gave birth.

The doctors, Ricardo H. Asch, Jose P. Balmaceda and Sergio C. Stone, have denied any intentional wrongdoing. Asch and Balmaceda have moved to Latin America.

Stone was arrested and charged last month with 10 counts of mail fraud, to which he pleaded not guilty. But despite months of investigation by a task force headed by federal law enforcement officials, no charges that relate to egg stealing have been announced against any of the doctors.

Law enforcement authorities and legislators have lamented that without a specific statute, it may be difficult to prosecute theft of human eggs. Current theft laws, according to Hayden’s office, do not apply because the eggs cannot be assigned monetary value.

Hayden’s bill is opposed by the California Medical Assn. and California Attorneys for Criminal Justice, who contend that violations should be considered unprofessional conduct, subjecting the violator to sanction by the medical board, rather than a crime.

The proposed legislation would impose a penalty of up to five years in prison and $50,000 in fines.

Anything less would fall short of the penalty “for robbing a home,” said Hayden aide Stephanie Rubin.