Bill Text: NY A02845 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 2845

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2024-01-03 - referred to judiciary [A02845 Detail]

Download: New_York-2023-A02845-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          2845

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by M. of A. PAULIN, DINOWITZ, FAHY, L. ROSENTHAL, ZEBROWSKI,
          SEAWRIGHT, MAGNARELLI, SIMON, ROZIC, OTIS, McDONOUGH -- read once  and
          referred to the Committee on Judiciary

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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Article  5 of the civil rights law is amended by adding a
     2  new section 52-e to read as follows:
     3    § 52-e. Private right of action for fertility fraud.  1.  Any  patient
     4  who  has undergone an assisted reproduction procedure with a health care
     5  provider, any intended parent, the spouse of any patient who has  under-
     6  gone an assisted reproduction procedure with a health care provider, the
     7  spouse  of any intended parent, or a child or person born as a result of
     8  such assisted reproduction procedure  shall  have  a  private  right  of
     9  action  for  damages  against such health care provider under any of the
    10  following conditions:
    11    (a) such health care provider knowingly or intentionally  performs  an
    12  assisted reproduction procedure using the human reproductive material of
    13  the  health  care  provider  or  any  other  donor without the patient's
    14  informed written consent to treatment using human reproductive  material
    15  from  the health care provider or from any donor other than a donor from
    16  whom the patient consented to in writing; or
    17    (b) such health  care  provider  intentionally  performs  an  assisted
    18  reproduction procedure and such health care provider knows or reasonably
    19  should  have  known  that the human reproductive material was used:  (i)
    20  without the donor's consent; or (ii) in a manner or to an  extent  other
    21  than that to which the donor consented.
    22    2.  Any  patient who has undergone an assisted reproduction procedure,
    23  any intended parent, the spouse of any  patient  who  has  undergone  an
    24  assisted reproduction procedure, the spouse of any intended parent, or a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07114-01-3

        A. 2845                             2

     1  child or person born as a result of such assisted reproduction procedure
     2  shall  have  a  private  right  of action for damages against a donor or
     3  assisted reproductive service provider under any of the following condi-
     4  tions:
     5    (a)  such  donor  or  assisted reproductive service provider knowingly
     6  provides false or  misleading  information  about  the  donor's  medical
     7  history including but not limited to an illness at the time of donation,
     8  any  past  illness of the donor, or the genetic or family history of the
     9  donor for the past two generations which is known to the  donor  at  the
    10  time of donation; or
    11    (b)  such  assisted  reproductive  service  provider knowingly uses or
    12  provides human reproductive material for an assisted reproduction proce-
    13  dure in a manner or to an extent other than that to  which  the  patient
    14  consented.
    15    3. A donor of human reproductive material shall have a cause of action
    16  against  a health care provider or assisted reproductive service provid-
    17  er, if the donor's human reproductive material was used: (a) without the
    18  donor's consent; or (b) in a manner or to an extent other than  that  to
    19  which the donor consented.
    20    4.  Damages  recovered  by  a plaintiff pursuant to this section shall
    21  include compensatory damages. In addition thereto, the trier of fact may
    22  award punitive damages and such other  non-monetary  relief  as  may  be
    23  appropriate.  In  awarding damages, the court may consider the emotional
    24  impact of the defendant's conduct.
    25    5. Nothing in this section shall be deemed to  abrogate  or  otherwise
    26  limit  any  right or remedy otherwise conferred by federal or state law,
    27  including but not limited to, any  right  or  remedy  related  to  child
    28  support,  nor shall any award under this section be used to offset child
    29  support obligations that may arise in connection with this section.
    30    6. A cause of action under this section shall be  commenced  no  later
    31  than  six  years  from the date a person discovers, or reasonably should
    32  have discovered, the fertility fraud.
    33    7. For purposes of this section, the following terms  shall  have  the
    34  following meanings:
    35    (a)  "donor"  shall  mean  an  individual  who does not intend to be a
    36  parent, who produces human reproductive material and provides such human
    37  reproductive material to another person,  other  than  the  individual's
    38  spouse, for use in an assisted reproduction procedure;
    39    (b) "human reproductive material" shall mean:
    40    (i) a human spermatozoon or ovum; or
    41    (ii) a human organism at any stage of development from fertilized ovum
    42  to embryo;
    43    (c)  "patient"  shall  mean  any individual injected or implanted with
    44  human reproductive material; and
    45    (d) "intended parent" shall have the same meaning  as  in  subdivision
    46  (l) of section 581-102 of the family court act.
    47    §  2.  Section  6530  of  the education law is amended by adding a new
    48  subdivision 51 to read as follows:
    49    51. (a) Knowingly or intentionally performing an assisted reproduction
    50  procedure using the human reproductive material of the licensee  or  any
    51  other  donor without the patient's informed written consent to treatment
    52  using human reproductive material from the licensee or  from  any  donor
    53  other than a donor from whom the patient consented to in writing; or
    54    (b)  intentionally  performing  an assisted reproduction procedure and
    55  such licensee knows or reasonably  should  have  known  that  the  human
    56  reproductive material was used:

        A. 2845                             3

     1    (i) without the donor's consent; or
     2    (ii)  in  a  manner or to an extent other than that to which the donor
     3  consented.
     4    § 3. This act shall take effect on the ninetieth day  after  it  shall
     5  have  become  a  law, and shall apply to acts occurring on or after such
     6  date.