What's happening
This bill makes it a class E felony for health care providers to use reproductive material in assisted reproduction without proper consent.
Why it matters
Strengthens patient rights and autonomy. by making it a felony for health care providers to use reproductive material (sperm, eggs, embryos) in assisted reproduction without the patient's informed written consent, protecting patients from deception or unauthorized procedures.
Creates legal accountability for fertility clinics and providers. , closing a loophole where previously such misconduct might have only led to civil lawsuits or professional disciplinary action, not criminal charges.
Expands the definition of misconduct. to include not just unauthorized use of provider’s own reproductive material, but also the use of any donor material without proper consent or in ways that exceed the donor's agreed terms—broadening protections for both patients and donors.
Addresses a growing concern. in the field of assisted reproduction, responding to high-profile cases of “fertility fraud” nationally, and may help deter unethical or exploitative practices in New York clinics.
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Who cares
Headline styles
Make Fertility Fraud Illegal
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Fertility Fraud
In Senate Committee · Codes · Sponsor Monica Martinez
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10672
IN ASSEMBLY
June 24, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) -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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 190.90 to read as follows: § 190.90 Fertility fraud.
1. A health care provider is guilty of fertility fraud when such provider: (a) knowingly or intentionally performs an assisted reproduction procedure using the spermatozoon or ovum of the health care provider or any other donor without the patient's informed written consent to treatment using spermatozoon or ovum from the health care provider or from any donor other than a donor from whom the patient consented in writing; or
(b) intentionally performs an assisted reproduction procedure and such 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. "Human reproductive material" means:
(a) a human spermatozoon or ovum; or
(b) a human organism at any stage of development from fertilized ovum to embryo.
Fertility fraud is a class E felony.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13782-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.