Section 41.NEW - [Newly enacted section not yet numbered] [Civil action to recover damages for fertility fraud]1. A person who has suffered an injury as a result of a violation of section 5 of this act may bring an action for the recovery of his or her actual damages and any punitive damages which the facts may warrant if the person is or was, at the time of assisted reproduction: (a) A patient who gave birth to a child conceived through assisted reproduction as a result of a violation of section 5 of this act;(b) The spouse of a patient who gave birth to a child conceived through assisted reproduction as a result of a violation of section 5 of this act;(c) A child conceived through assisted reproduction as a result of a violation of section 5 of this act; or(d) A donor whose human reproductive material resulted in the birth of a child conceived through assisted reproduction as a result of a violation of section 5 of this act.2. Each child born as a result of a violation of section 5 of this act constitutes the basis for a separate cause of action.3. A person who prevails in an action brought pursuant to subsection 1 may recover his or her actual damages, attorney's fees and costs and any punitive damages that the facts may warrant.4. The liability imposed by this section is in addition to any other liability imposed by law.5. For the purposes of this section, a violation of section 5 of this act shall be deemed to have been committed where the procedure for assisted reproduction occurred or at the principal place of business of the provider of health care.6. As used in this section: (a) "Assisted reproduction" has the meaning ascribed to it in NRS 126.510.(b) "Human reproductive material" has the meaning ascribed to it in section 4 of this act.(c) "Provider of health care" has the meaning ascribed to it in section 5 of this act.Added by 2023, Ch. 227,§8, eff. 7/1/2023, app. to a cause of action that accrues on or after 7/1/2023.