Bill Text: NY S05942 | 2021-2022 | General Assembly | Introduced
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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-29 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05942 Detail]
Download: New_York-2021-S05942-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5942 2021-2022 Regular Sessions IN SENATE March 23, 2021 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights 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. The civil rights law is amended by adding a new section 2 52-d to read as follows: 3 § 52-d. Private right of action for fertility fraud. 1. Any patient 4 who has undergone an assisted reproduction procedure with a health care 5 provider or the spouse of any patient who has undergone an assisted 6 reproduction procedure with a health care provider shall have a private 7 right of action for damages against such health care provider under any 8 of the following conditions: 9 (a) such health care provider knowingly or intentionally performs an 10 assisted reproduction procedure using the human reproductive material of 11 the health care provider or any other donor without the patient's 12 informed written consent to treatment using human reproductive material 13 from the health care provider or from any donor other than a donor from 14 whom the patient consented to in writing; or 15 (b) such health care provider intentionally performs an assisted 16 reproduction procedure and such health care provider knows or reasonably 17 should have known that the human reproductive material was used: (i) 18 without the donor's consent; or (ii) in a manner or to an extent other 19 than that to which the donor consented. 20 2. 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06232-01-1S. 5942 2 1 3. Nothing in this section shall be deemed to abrogate or otherwise 2 limit any right or remedy otherwise conferred by federal or state law 3 including but not limited to, any right or remedy related to child 4 support, nor shall any award under this section be used to offset child 5 support obligations that may arise in connection with this section. 6 4. For purposes of this section, the following terms shall have the 7 following meanings: 8 (a) "human reproductive material" shall mean: 9 (i) a human spermatozoon or ovum; or 10 (ii) a human organism at any stage of development from fertilized ovum 11 to embryo; and 12 (b) "patient" shall mean any individual injected or implanted with 13 human reproductive material. 14 § 2. This act shall take effect on the ninetieth day after it shall 15 have become a law, and shall apply to acts occurring on or after such 16 date.
