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NY A11141
Bill
Status
11/6/2020
Primary Sponsor
Amy Paulin
Click for details
AI Summary
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Establishes a private right of action for patients or their spouses who undergo assisted reproduction procedures against health care providers for fertility fraud.
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Applies when a health care provider knowingly or intentionally uses human reproductive material from the provider or an unapproved donor without the patient's informed written consent.
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Applies when a health care provider intentionally performs an assisted reproduction procedure using donor material without the donor's consent or in a manner different from what the donor consented to.
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Allows plaintiffs to recover compensatory damages, and permits courts to award punitive damages and other non-monetary relief, with consideration of emotional impact.
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Takes effect 90 days after enactment and applies to acts occurring on or after that date; does not limit other federal or state law remedies including child support obligations.
Legislative Description
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.
Last Action
referred to judiciary
11/6/2020