Bill > S05743

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 have been victims of unauthorized or deceptive reproductive procedures. Under this legislation, individuals can sue healthcare providers or donors if reproductive materials are used without informed written consent, if a provider uses a donor's genetic material without permission, or if a donor provides false or misleading medical history information. The bill allows plaintiffs to seek compensatory damages, including compensation for emotional distress, and potentially punitive damages. Importantly, the law defines key terms like "donor" and "human reproductive material" and sets a six-year statute of limitations from the date of discovery of the fraud. The bill also amends the education law to make such actions by licensed medical professionals a professional misconduct violation. Additionally, the legislation specifies that these new legal rights do not limit other existing legal remedies and cannot be used to offset child support obligations. The law will take effect 90 days after becoming law and will apply to acts occurring on or after that date.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5743