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NY A11141

Bill

Status

Introduced

11/6/2020

Primary Sponsor

Amy Paulin

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Establishes a private right of action for patients or their spouses who undergo assisted reproduction procedures against health care providers for fertility fraud.

  • 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.

  • 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.

  • Allows plaintiffs to recover compensatory damages, and permits courts to award punitive damages and other non-monetary relief, with consideration of emotional impact.

  • 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

Committee Referrals

Judiciary11/6/2020

Full Bill Text

No bill text available