B. A donor of human reproductive material may bring an action against a licensed health care provider who treats a patient for infertility by using human reproductive material donated by the donor and who knows or reasonably should have known that the donor's human reproductive material was used either:

1. 1. Without the donor's consent.
2. 2. In a manner or to an extent other than that to which the donor consented.

C. A plaintiff who prevails in an action under this section is entitled to reasonable attorney fees, the costs of the fertility treatment if the action is brought under subsection A of this section, and either:

1. 1. Compensatory and punitive damages.
2. 2. Liquidated damages of $10,000.

E. Notwithstanding any other law and except as provided in subsection F of this section, an action for civil fertility fraud must be commenced not later than:

1. 1. Ten years after the eighteenth birthday of the child.
2. 2. If paragraph 1 of this subsection does not apply, twenty years after the procedure was performed.

F. An action for civil fertility fraud that would otherwise be barred under subsection E of this section may be commenced not later than five years after the earliest of the date that:

1. 1. The person first discovers evidence sufficient to bring an action against the defendant through DNA analysis.
2. 2. The person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant.
3. 3. The defendant confesses to the offense.

G. For the purposes of this section:

1. 1. "Human reproductive material" means a human spermatozoon or ovum or a human organism at any stage of development from fertilized ovum to embryo.
2. 2. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.