Bill

Bill > A00526


NY A00526

NY A00526
Establishes a cause of action for fertility fraud; allows patients who have undergone assisted reproduction procedures to bring a cause of action if human reproductive material other than that which was consented to by the patient is used in such procedure; allows for compensatory and punitive damages.


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil rights law and the education law, in relation to establishing a cause of action for fertility fraud

AI Summary

This bill establishes a comprehensive legal framework to address fertility fraud by creating a private right of action for patients, intended parents, spouses, and children who are victims of reproductive material misuse. The bill allows individuals to sue healthcare providers or donors if reproductive material is used without informed written consent, if a healthcare provider uses their own genetic material without patient consent, or if a donor provides false medical history information. Specifically, patients can seek compensatory damages (including emotional distress) and punitive damages if a healthcare provider knowingly uses reproductive material from an unauthorized source or donor, or uses material beyond the scope of original consent. The bill defines key terms like "human reproductive material" (including sperm, eggs, and embryos) and "donor" and provides a six-year statute of limitations from the date of discovery of the fertility fraud. Additionally, the bill amends the education law to make such actions a professional misconduct for licensed healthcare providers. The legislation aims to protect patients' reproductive rights and provide legal recourse for those who have experienced unauthorized or deceptive reproductive procedures.

Committee Categories

Justice

Sponsors (9)

Last Action

referred to judiciary (on 01/08/2025)

bill text


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