New York S 698: Relates to financial loss as a result of a failed in-vitro fertilization or intrauterine insemination

Status: SUBSTITUTED BY A3795 (as of 2025-05-14)

State: New York · Session: 2025-2026 · Bill: S 698

Sponsors: Liz Krueger

Bill Text

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S00698 Summary:

BILL NOS00698 

&nbsp

SAME ASSAME AS A03795

&nbsp

SPONSORKRUEGER

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §1113, add §3437, Ins L

&nbsp

Provides for a credit insurance policy for the indemnification of an intended parent for expenses disbursed when either the intended parent or a person acting as surrogate receives in-vitro fertilization or intrauterine insemination treatment that fails and does not result in the birth of a child.

Go to top S00698 Actions:

BILL NOS00698 

&nbsp

01/08/2025REFERRED TO INSURANCE

05/05/20251ST REPORT CAL.919

05/06/20252ND REPORT CAL.

05/07/2025ADVANCED TO THIRD READING 

05/14/2025SUBSTITUTED BY A3795

&nbspA03795 AMEND= Weprin

&nbsp01/30/2025referred to insurance

&nbsp02/24/2025reported 

&nbsp02/27/2025advanced to third reading cal.40

&nbsp03/04/2025passed assembly

&nbsp03/04/2025delivered to senate

&nbsp03/04/2025REFERRED TO INSURANCE

&nbsp05/14/2025SUBSTITUTED FOR S698

&nbsp05/14/20253RD READING CAL.919

&nbsp05/14/2025PASSED SENATE

&nbsp05/14/2025RETURNED TO ASSEMBLY

&nbsp10/09/2025delivered to governor

&nbsp10/16/2025signed chap.448

Go to topS00698 Committee&nbspVotes:

Go to topS00698 Floor&nbspVotes:

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

Go to topS00698 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 698

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

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

 AN ACT to amend the insurance law, in relation to financial loss as a
 result of a failed in-vitro fertilization or intrauterine insemination

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

 1 Section 1. Subparagraph (D) of paragraph 17 of subsection (a) of
 2 section 1113 of the insurance law, as amended by section 22 of part L of
 3 chapter 56 of the laws of 2020, is amended to read as follows:
 4 (D) (i) (I) Indemnifying an adoptive parent for verifiable expenses
 5 not prohibited under the law paid to or on behalf of the [birth mother]
 6 gestational parent when either one or both of the birth parents of the
 7 child withdraw or withhold their consent to adoption. Such expenses may
 8 include maternity-connected medical or hospital expenses of the [birth
 9 mother] gestational parent, necessary living expenses of the [birth
 10 mother] gestational parent preceding and during confinement, travel
 11 expenses of the [birth mother] gestational parent to arrange for the
 12 adoption of the child, legal fees of the [birth mother] gestational
 13 parent, and any other expenses that an adoptive parent may lawfully pay
 14 to or on behalf of the [birth mother] gestational parent; [or]
 15 (II) Indemnifying an intended parent for financial loss incurred as a
 16 result of the failure by the person acting as surrogate to perform under
 17 the surrogacy contract due to death, bodily injury, sickness, disappear-
 18 ance of the person acting as surrogate, late miscarriage, or stillbirth.
 19 Such financial loss shall include medical and hospital expenses, insur-
 20 ance co-payments, deductibles, and coinsurance, necessary living
 21 expenses of the person acting as surrogate during the term of the surro-
 22 gacy contract, travel expenses to arrange for the surrogacy, legal fees
 23 of the person acting as surrogate, and any other expenses that an

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02519-01-5

 S. 698 2

 1 intended parent may lawfully pay to or on behalf of the person acting as
 2 surrogate; or
 3 (III) Indemnifying an intended parent for expenses disbursed when
 4 either the intended parent or a person acting as surrogate receives
 5 in-vitro fertilization or intrauterine insemination treatment that fails
 6 and does not result in the birth of a child. Expenses may include
 7 living expenses of the person acting as surrogate during the in-vitro
 8 fertilization or intrauterine insemination treatment and expenses
 9 incurred by the intended parent or person acting as surrogate to travel
 10 for the in-vitro fertilization

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