New York A 301: Relates to establishing the crime of fertility fraud

Bill Text

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A00301 Summary:

BILL NOA00301 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORPaulin

&nbsp

COSPNSRSimon

&nbsp

MLTSPNSR

&nbsp

Add §190.90, Pen L

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Establishes the crime of fertility fraud as an assisted reproduction procedure using the health care provider's own spermatozoon or ovum or using human reproductive material without the donor's consent.

Go to top A00301 Actions:

BILL NOA00301 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00301 Committee&nbspVotes:

Go to topA00301 Floor&nbspVotes:

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

Go to topA00301 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 301

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. PAULIN, SIMON -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law, in relation to establishing fertility
 fraud as a class E felony offense

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 190.90 to
 2 read as follows:
 3 § 190.90 Fertility fraud.
 4 1. A health care provider is guilty of fertility fraud when such
 5 provider: (a) knowingly or intentionally performs an assisted reprod-
 6 uction procedure using the spermatozoon or ovum of the health care
 7 provider or any other donor without the patient's informed written
 8 consent to treatment using spermatozoon or ovum from the health care
 9 provider or from any donor other than a donor from whom the patient
 10 consented in writing; or
 11 (b) intentionally performs an assisted reproduction procedure and such
 12 provider knows or reasonably should have known that the human reproduc-
 13 tive material was used: (i) without the donor's consent; or (ii) in a
 14 manner or to an extent other than that to which the donor consented.
 15 2. "Human reproductive material" means:
 16 (a) a human spermatozoon or ovum; or
 17 (b) a human organism at any stage of development from fertilized ovum
 18 to embryo.
 19 Fertility fraud is a class E felony.
 20 § 2. This act shall take effect on the one hundred twentieth day after
 21 it shall have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00797-01-5

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