New York S 5743: Establishes a cause of action for fertility fraud

Bill Text

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S05743 Summary:

BILL NOS05743 

&nbsp

SAME ASSAME AS A00526

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 5 §52-e, Civ Rts L; amd §6530, Ed L

&nbsp

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.

Go to top S05743 Actions:

BILL NOS05743 

&nbsp

02/28/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05743 Committee&nbspVotes:

Go to topS05743 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05743 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5743

 2025-2026 Regular Sessions

 IN SENATE

 February 28, 2025
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 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
 25 child or person born as a result of such assisted reproduction procedure

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02744-01-5

 S. 5743 2

 1 shall have a private right of action for damages against a donor or
 2 assisted reproductive service provider under any of the following condi-
 3 tions:
 4 (a) such donor or assisted reproductive service provider knowingly
 5 provides false or misleading information about the donor's medical
 6 history including but not limited to an illness at the time of donation,
 7 any past illness of the donor, or the genetic or family history of the
 8 donor for the past two generations which is known to the donor at the
 9 time of donation; or
 10 (b) such assisted reproductive service provider knowingly uses or
 11 provides human reproductive material for an assisted reproduction proce-
 12 dure in a manner or to an extent other than that to which the patient
 13 consented.
 14 3. A donor of human reproductive material shall have a cause of action
 15 against a health care provider or assisted reproductive service provid-
 16 er, if the donor's human reproductive material was used: (a) without the
 17 donor's consent; or (b) in a manner or to an extent other than that to
 18 which the donor consented.
 19 4. Damages recovered by a plaintiff pursuant to this section shall
 20 include compensatory dama