Assembly Bill A11141

2019-2020 Legislative Session

Relates to establishing a cause of action for fertility fraud

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A11141 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1091
2023-2024: A2845

2019-A11141 (ACTIVE) - Summary

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.

2019-A11141 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11141
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 52-c to read as follows:
   § 52-C. PRIVATE RIGHT OF ACTION FOR FERTILITY FRAUD.  1.  ANY  PATIENT
 WHO  HAS UNDERGONE AN ASSISTED REPRODUCTION PROCEDURE WITH A HEALTH CARE
 PROVIDER OR THE SPOUSE OF ANY PATIENT  WHO  HAS  UNDERGONE  AN  ASSISTED
 REPRODUCTION  PROCEDURE WITH A HEALTH CARE PROVIDER SHALL HAVE A PRIVATE
 RIGHT OF ACTION FOR DAMAGES AGAINST SUCH HEALTH CARE PROVIDER UNDER  ANY
 OF THE FOLLOWING CONDITIONS:
   (A)  SUCH  HEALTH CARE PROVIDER KNOWINGLY OR INTENTIONALLY PERFORMS AN
 ASSISTED REPRODUCTION PROCEDURE USING THE HUMAN REPRODUCTIVE MATERIAL OF
 THE HEALTH CARE PROVIDER  OR  ANY  OTHER  DONOR  WITHOUT  THE  PATIENT'S
 INFORMED  WRITTEN CONSENT TO TREATMENT USING HUMAN REPRODUCTIVE MATERIAL
 FROM THE HEALTH CARE PROVIDER OR FROM ANY DONOR OTHER THAN A DONOR  FROM
 WHOM THE PATIENT CONSENTED TO IN WRITING; OR
   (B)  SUCH  HEALTH  CARE  PROVIDER  INTENTIONALLY  PERFORMS AN ASSISTED
 REPRODUCTION PROCEDURE AND SUCH HEALTH CARE PROVIDER KNOWS OR REASONABLY
 SHOULD HAVE KNOWN THAT THE HUMAN REPRODUCTIVE MATERIAL WAS  USED:    (I)
 WITHOUT  THE  DONOR'S CONSENT; OR (II) IN A MANNER OR TO AN EXTENT OTHER
 THAN THAT TO WHICH THE DONOR CONSENTED.
   2. DAMAGES RECOVERED BY A PLAINTIFF PURSUANT  TO  THIS  SECTION  SHALL
 INCLUDE COMPENSATORY DAMAGES. IN ADDITION THERETO, THE TRIER OF FACT MAY
 AWARD  PUNITIVE  DAMAGES  AND  SUCH  OTHER NON-MONETARY RELIEF AS MAY BE
 APPROPRIATE. IN AWARDING DAMAGES, THE COURT MAY CONSIDER  THE  EMOTIONAL
 IMPACT OF THE DEFENDANT'S CONDUCT.
   3.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO ABROGATE OR OTHERWISE
 LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL  OR  STATE  LAW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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