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NY S05743

Bill

Status

Introduced

2/28/2025

Primary Sponsor

Cordell Cleare

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Creates a private right of action for patients, intended parents, their spouses, and children born from assisted reproduction procedures when a health care provider uses reproductive material without proper informed written consent or from a donor other than the one agreed upon

  • Allows lawsuits against donors or assisted reproductive service providers who knowingly provide false or misleading information about medical history, genetic history, or family history for the past two generations

  • Grants donors the right to sue if their reproductive material was used without consent or in a manner beyond what they authorized

  • Permits recovery of compensatory damages including emotional distress, punitive damages, and other non-monetary relief, with a six-year statute of limitations from discovery of the fraud

  • Adds fertility fraud to the list of professional misconduct grounds for licensed medical professionals under the Education Law, subjecting violators to disciplinary action

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 CODES

1/7/2026

Committee Referrals

Codes2/28/2025

Full Bill Text

No bill text available