NY State Senate Bill 2023-S8682

Senate Bill S8682

2023-2024 Legislative Session

Provides that any fertilized human ovum or human embryo existing outside of a human uterus shall not be considered an unborn child or human being

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Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2024	referred to health

co-Sponsors

2023-S8682 (ACTIVE) - Details

See Assembly Version of this Bill:: A9412
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2599-bb-1, Pub Health L

2023-S8682 (ACTIVE) - Summary

Provides that any fertilized human ovum or human embryo existing outside of the uterus of a human body shall not be considered an unborn child, a minor child, a natural person, or any other term that connotes a human being for any purpose under state law.

2023-S8682 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8682

SPONSOR: MARTINS
 
TITLE OF BILL:

An act to amend the public health law, in relation to providing that any
fertilized human ovum or human embryo existing outside of a human uterus
shall not be considered an unborn child or human being for any purpose
under state law

 
PURPOSE:

To prohibit a fertilized human egg or human embryo existing outside of
the human uterus from being considered an unborn child or a human being.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 2599-bb-1 to the Public Health Law to
provide that any fertilized human egg or human embryo that exists in any
form outside of the uterus of a human body shall not, under any circum-
stances, be considered an unborn child, a minor child, a natural person,
or any other term that cannotes a human being for any purpose under the

laws of this state.

Section 2: Effective Date.

 
JUSTIFICATION:

This bill is being introduced in response to the first of its kind
ruling made by the Alabama Supreme Court that a frozen embryos is
considered a child. Because of this decision it has become necessary to
ensure infertility treatment is available to those who want to start a
family. New York should recognize that IVF treatments are often the only
avenue to make the dream of a family a reality. The Alabama ruling is a
potential threat for those who desire to have children everywhere. New
York should send a clear, strong message, that it will protect the right
for countless families to participate in the joys of parenthood. IVF and
other similar fertility treatments are a blessing for so many families
and it is critical that New York ensure they remain accessible for them.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8682 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8682
 
                             I N  S E N A T E
 
                             February 28, 2024
                                ___________
 
 Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to providing that any
   fertilized human ovum or human embryo  existing  outside  of  a  human
   uterus  shall not be considered an unborn child or human being for any
   purpose under state law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2599-bb-1 to read as follows:
   § 2599-BB-1. FERTILIZED HUMAN OVA AND HUMAN  EMBRYOS  OUTSIDE  OF  THE
 UTERUS. 1.  ANY FERTILIZED HUMAN OVUM OR HUMAN EMBRYO THAT EXISTS IN ANY
 FORM  OUTSIDE OF THE UTERUS OF A HUMAN BODY SHALL NOT, UNDER ANY CIRCUM-
 STANCES, BE CONSIDERED AN UNBORN CHILD, A MINOR CHILD, A NATURAL PERSON,
 OR ANY OTHER TERM THAT CONNOTES A HUMAN BEING FOR ANY PURPOSE UNDER  THE
 LAWS OF THIS STATE.
   2.  FOR  PURPOSES  OF  THIS SECTION, "EMBRYO" MEANS A CELL OR GROUP OF
 CELLS CONTAINING A DIPLOID COMPLEMENT OF CHROMOSOMES OR  GROUP  OF  SUCH
 CELLS, NOT A GAMETE OR GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A
 LIVE  BORN  HUMAN  BEING  IF TRANSFERRED INTO THE BODY OF A PERSON UNDER
 CONDITIONS IN WHICH GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14675-02-4

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Senate Bill S8682

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Sponsored By

Jack M. Martins