What's happening
This bill requires written consent and directives for the storage, use, and disposition of cryopreserved gametes or embryos in assisted reproductive technology programs in New York.
Why it matters
Ensures explicit, advance decision-making. By requiring written, signed, and witnessed directives for the use, transfer, and final disposition of cryopreserved gametes and embryos, the bill empowers individuals (and couples) to make clear, legally recognized choices before starting assisted reproductive technology (ART), reducing confusion and disputes later.
Addresses potential disputes and life changes. The law compels ART providers to obtain specific instructions for scenarios such as death, separation/divorce, voluntary abandonment, or failure to pay storage fees. This means individuals must proactively consider and document their wishes for sensitive and potentially contested situations, offering greater protection for all parties involved.
Establishes notification and documentation procedures. The bill mandates providers to notify affected parties (and keep thorough records) before acting on abandonment or non-payment directives, ensuring due process and transparency. This helps prevent accidental or unauthorized disposition of reproductive material.
Standardizes and clarifies provider responsibilities. By requiring the use of state-prescribed forms and setting minimum storage time limits (at least three years), the bill creates clearer, more consistent practices across ART clinics, reducing variability and potential gaps in patient rights across New York State.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Fertility clinics and cryopreservation providers
The bill would require advance consent and disposition directives before services, recordkeeping, and specified notices before implementing directives following requested abandonment or unpaid storage fees.
Patients storing embryos, sperm or eggs
The bill would require written choices for disposition after death, separation or divorce, requested abandonment, or failure to pay storage fees, while allowing later changes to those directives.
New York State health commissioner
The bill would require the commissioner to prescribe the consent and directive forms used by providers.
People receiving donated embryos or gametes
The bill would expressly include donation to another party as a disposition option and require donors choosing that option to meet applicable legal and regulatory qualifications.
Headline styles
Consent for Frozen Embryos
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2589
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to advanced written consent and directives for the transfer, use, and disposition of gametes or embryos cryopreserved in the course of a program of assisted reproductive technology
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The domestic relations law is amended by adding a new article 8-A to read as follows:
ARTICLE 8-A
CRYOPRESERVED EMBRYOS OR GAMETES
Section 130. Definitions.
131. Advance written consent and directives for the transfer,
use, and disposition of cryopreserved embryos or
gametes.
§ 130. Definitions. When used in this article, unless the context or subject matter clearly requires a different meaning:
1. "Abandon by request" shall mean that a party intends to cease participation in an assisted reproductive technology program and notifies a provider of assisted reproductive services of such intent in a written, signed, and notarized letter of intent to abandon by request. Within thirty days of receipt of a party's letter of intent to abandon by request, the provider shall send, by certified mail, return receipt requested, to any other party whose participation in such provider's assisted reproductive services may be affected by the requesting party's abandonment by request, a written notice that the terms of an executed advance directive for disposition will be implemented. If any party is also a patient, a copy of such notice and proof of mailing shall be kept in that party's medical records. On the thirtieth day after the date on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07876-01-9
S. 2589 2
the letter of notification, or, if there are no other affected parties, on the thirtieth day after the provider's receipt of the letter of intent to abandon by request, the provider shall implement the applicable terms of the requesting party's executed advance directive for disposition.
2. "Assisted reproductive technology" shall include, but not be limited to, the following methods of assisting in fertilization: in vitro fertilization-embryo transfer, gamete intrafallopian transfer, and cryopreservation.
3. "Cryopreservation" shall mean the storage of gametes or embryos produced by means of an assisted reproductive technology procedure and preserved by means of low-temperature freezing in liquid nitrogen or other similar medium.
4. "Embryo" shall mean a fertilized human ovum.
5. "Failure to pay storage fees" shall mean that a provider to whom a party pays a storage fee has not received a fee from such party for three consecutive years. After three consecutive years of nonpayment, the provider shall notify in writing by certified mail, return receipt requested, sent to the last known address of the non-paying party, and to the last known address of any other party whose participation may be affected by the non-paying party's failure to pay storage fees, a written notice that, unless the provider is contacted and instructed to do otherwise, the terms of an executed advanced directive for disposition in the event of failure to pay storage fees will be implemented. Six months from the date of the first notice, a second such notice shall be mailed in the same manner as the first notice. If the non-paying party or an affected party is also a patient, a copy of such notice or notices and proofs of mailing shall be kept in that party's medical records. If the provider receives no instruction to do otherwise in response to either the first or second notification, on the thirtieth day after the date of the second letter of notification, the provider shall implement the terms of the non-paying party's executed advance directive for disposition in the event of failure to pay storage fees.
6. "Gametes" shall mean human sperm or ova.
7. "Patient" shall mean a person who donates or receives a gamete or embryo.
8. "Party" shall mean a natural person who executes, according to the provisions of section one hundred thirty-one of this article, a provider's advance written consent and directives for the transfer, use, and disposition of cryopreserved embryos or gametes for assisted reproductive services.
9. "Provider" shall mean an individual, corporation, other business entity, or non-profit entity engaged in providing assisted reproductive technology services.
§ 131. Advance written consent and directives for the transfer, use, and disposition of cryopreserved embryos or gametes. 1. Any provider located in New York state whose services include the cryopreservation of gametes or embryos, and before providing any such services, shall require the prior execution, pursuant to this section, of advance written consent and directives as to the transfer, use, and disposition of such gametes or embryos. Prior to receiving any assisted reproductive technology service, on a form or forms prescribed by the commissioner of health, such consent and directives shall be signed and dated, in the presence of each other, by the party requesting services, a witness for the requesting party, and a licensed physician authorized by the provider. Nothing contained in this section shall affect the obligation of a
S. 2589 3
physician or surgeon under current law to obtain the informed consent of a party who may also be a patient prior to such physician's or surgeon's performing any medical or surgical procedure for which informed consent is otherwise required.
2. (a) The form for advance written consent to assisted reproductive services executed by a party who is also a patient shall include, but not be limited to, the following information: (i) the patient's name; (ii) the patient's address, telephone number, or other relevant contact information; (iii) the type and quantity, if applicable, of sperm, ova, or embryos donated or received; and (iv) the name of the clinic, or other donee for a specified purpose, which purpose shall be clearly stated.
(b) The form for advance written consent to assisted reproductive services executed by a party who is also a patient shall be signed and dated by the patient, the attending physician or surgeon, a provider-authorized clinician who shall verify the type and quantity, if applicable, of sperm, ova, or embryos donated or received, and any other signatories required by subdivision one of this section. The original executed consent form shall be retained in the provider's business records, the medical records of the party who is also a patient, and a copy shall be provided to the party.
3. (a) The form prescribing directives as to the disposition of cryopreserved gametes or embryos shall include, but not be limited to, choices for disposition under the following circumstances: (i) death of a party; (ii) the party's separation or divorce; (iii) the party's decision to abandon by request cryopreserved gametes or embryos; or (iv) the party's abandonment of cryopreserved gametes or embryos by failure to pay storage fees.
(b) The form prescribing directives as to the disposition of cryopreserved gametes or embryos shall include, but not be limited to, choices and direction for the following disposition options: (i) made available, transferred, or donated to another party; (ii) donated for research purposes; (iii) thawed with no further action taken; or (iv) other disposition, provided that such disposition shall be clearly stated.
(c) The form prescribing directives as to the disposition of cryopreserved gametes or embryos shall clearly state the provider's time limit on storage of such gametes or embryos; such time limit shall not be less than three years.
(d) A party who chooses the option to donate to another party pursuant to subparagraph (i) of paragraph (b) of this subdivision shall meet such donor qualifications as may be required in applicable law and regulations.
(e) A party may modify directives for disposition of cryopreserved gametes and embryos at a later date; provided that such modification shall be executed in the same manner as is required for an initial consent and directive pursuant to subdivision one of this section.
§ 2. This act shall take effect on the two hundred eightieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the domestic relations law, in relation to advanced written consent and directives for the transfer, use, and disposition of gametes or embryos cryopreserved in the course of a program of assisted reproductive technology
Purpose or general idea of bill
This bill enacts provisions relating to advanced written consent and directives concerning transfer, use and disposition of cryopreserved embryos or gametes.
Summary of specific provisions
Section 1 amends the domestic relations law by adding a new article 8-A.
Section 130 of this article contains definitions for technical and medical terms/concepts used in the bill. Section 131 of this article creates regulations for advanced written consent and directives for the transfer, use and disposition of cryopreseved embryos or gametes are also established.
Justification
Enormous strides have recently been made in the field of reproductive medicine which have assisted thousands of couples. However, there are several areas of this emerging science where legal and ethical questions proliferate. Currently there are few regulations regarding the use and disposition of cryopreserved embryos and gametes. This bill would directly deal with some of those concerns by requiring parties undergo- ing an in vitro procedure to provide both consent and advanced written directives for the transfer, use and disposition of cryopreserved embr- yos or gametes prior to the procedure(s) being performed.
One crucial concern that this bill deals with is the procedures govern- ing the use, storage and transfer of gametes and embryos, and establish- ing a protocol to be followed in the event of a number of events includ- ing divorce, separation, death, or failure to pay storage fees.
Legislative history
2017-2018: S.5835 Judiciary 2015-2016: S.2708 Judiciary
2013-2014: S.1474 Judiciary 2011-2012: S.388 Judiciary
2009-2010: S4531 Rules/A.3218 3rd Reading
Fiscal implications
Minimal costs to the state.
Effective date
This act shall take effect on the 280th day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.