Bill Text: NY A11141 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Introduced - Dead) 2020-11-06 - referred to judiciary [A11141 Detail]

Download: New_York-2019-A11141-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          11141

                   IN ASSEMBLY

                                    November 6, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Paulin,
          Dinowitz, Fahy, L. Rosenthal, Zebrowski, Seawright, Nolan, Magnarelli,
          Galef, Simon, Rozic, Griffin, Otis, Montesano, Schmitt, McDonough)  --
          read once and referred to the Committee on Judiciary

        AN  ACT  to  amend  the  civil rights 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.  The  civil  rights law is amended by adding a new section
     2  52-c to read as follows:
     3    § 52-c. Private right of action for fertility fraud.  1.  Any  patient
     4  who  has undergone an assisted reproduction procedure with a health care
     5  provider or the spouse of any patient  who  has  undergone  an  assisted
     6  reproduction  procedure with a health care provider shall have a private
     7  right of action for damages against such health care provider under  any
     8  of the following conditions:
     9    (a)  such  health care provider knowingly or intentionally performs an
    10  assisted reproduction procedure using the human reproductive material of
    11  the health care provider  or  any  other  donor  without  the  patient's
    12  informed  written consent to treatment using human reproductive material
    13  from the health care provider or from any donor other than a donor  from
    14  whom the patient consented to in writing; or
    15    (b)  such  health  care  provider  intentionally  performs an assisted
    16  reproduction procedure and such health care provider knows or reasonably
    17  should have known that the human reproductive material was  used:    (i)
    18  without  the  donor's consent; or (ii) in a manner or to an extent other
    19  than that to which the donor consented.
    20    2. Damages recovered by a plaintiff pursuant  to  this  section  shall
    21  include compensatory damages. In addition thereto, the trier of fact may
    22  award  punitive  damages  and  such  other non-monetary relief as may be
    23  appropriate. In awarding damages, the court may consider  the  emotional
    24  impact of the defendant's conduct.
    25    3.  Nothing  in  this section shall be deemed to abrogate or otherwise
    26  limit any right or remedy otherwise conferred by federal  or  state  law

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17302-01-0
        A. 11141                            2

     1  including  but  not  limited  to,  any  right or remedy related to child
     2  support, nor shall any award under this section be used to offset  child
     3  support obligations that may arise in connection with this section.
     4    4.  For  purposes  of this section, the following terms shall have the
     5  following meanings:
     6    (a) "human reproductive material" shall mean:
     7    (i) a human spermatozoon or ovum; or
     8    (ii) a human organism at any stage of development from fertilized ovum
     9  to embryo; and
    10    (b) "patient" shall mean any individual  injected  or  implanted  with
    11  human reproductive material.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law, and shall apply to acts occurring on  or  after  such
    14  date.