What's happening
This bill states that fertilized human ova or embryos outside the uterus are not considered unborn children or human beings under New York law.
Why it matters
Clarifies legal status for IVF and reproductive technology. By specifying that fertilized ova and embryos outside the uterus are not legally considered children or people, the bill protects fertility clinics, doctors, and patients from potential liability or criminal charges related to embryo handling, storage, and disposal.
Protects patient autonomy and access to fertility services. The law ensures that individuals and couples using in vitro fertilization (IVF) and similar services retain control over their reproductive materials without fear of legal repercussions, supporting reproductive rights and decision-making.
Pre-empts conflicting legislation and legal challenges. This definition may prevent future state or local laws from restricting fertility treatment or prosecuting actions involving embryos outside the womb, especially in the context of changing national debates on reproductive rights.
Provides clear legal guidance for courts and agencies. By defining embryos outside the uterus in state law, the bill offers clarity for judges, regulators, and healthcare providers, reducing uncertainty and legal risk in medical and custody disputes involving embryos.
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Who cares
Headline styles
Embryos Outside Womb Not People
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
539
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. MARTINS, CANZONERI-FITZPATRICK, RHOADS, WEBER -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 Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2599-bb-2 to read as follows:
§ 2599-bb-2. 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 circumstances, 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.
LBD01757-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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, 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 count less families to participate in the joys of parenthood. IVF and other similar fertility treatments are a blessing for so many fami- lies and it is critical that New York ensure they remain accessible forò them.
Legislative history
S.8682; Referred to Health
Fiscal implications
None
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.