BILL NUMBER:  S5697

 TITLE OF BILL :  An act to amend the general business law, in
relation to requiring certain disclosures by sperm and ovum storage
facilities

 PURPOSE OR GENERAL IDEA OF BILL :

Requires sperm and ovum storage facilities to disclose to clients
provisions of any state or federal laws related to the inheritance
rights of a child posthumously conceived by the utilization of such
sperm or ovum. The legislation also requires sperm and ovum facilities
to obtain the address or email address of a client and keep it for ten
years only to notify the client of changes in the law relating to
sperm and ovum facilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends the general business law by adding a new section 391-u which
requires any facility engaged in the business of the storage of sperm
or ovum to provide, prior to a contractual agreement with a client, a
disclosure statement which notifies such client of the provisions of
any existing state or federal laws including any statute of
limitations relating to the inheritance rights of a child posthumously
conceived from the utilization of sperm or ovum stored at such
facility. The legislation also requires sperm and ovum facilities to
              

obtain the address or email address of a client and keep it for ten
years only to notify the client of changes in the law relating to
sperm and ovum facilities.

 JUSTIFICATION :

Currently a person may freeze sperm or ovum to conceive a child on a
future date. This miracle of science provides our nation's military
service men and women the comfort of knowing that if they are
seriously injured or killed in the line of duty, that they may still
have a child.

Good government dictates that a person who decides to freeze sperm or
an ovum is informed of the state and federal regulations pertaining to
posthumous conception inheritance rights. Failure to inform could
result in financial and emotional hardships for families who utilize a
frozen sperm or ovum without the foresight to plan adequately. This
bill will ensure that parents who enter into contracts for services
with a frozen sperm or ovum storage facility be provided with the
facility's provisions of any state or federal laws related to
inheritance rights of a child posthumously conceived by the
utilization of such frozen sperm or ovum.

 PRIOR LEGISLATIVE HISTORY :

2016 - died in Consumer Protection; died in Assembly Rules.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

                                
 
BILL NUMBER: S5697B

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
certain disclosures by sperm and ovum storage facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires sperm and ovum storage facilities to disclose to
clients certain provisions of New York State law related to the inheri-
tance rights of a child posthumously conceived by the utilization of
such sperm or ovum.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill requires any facility engaged in the business of
providing the storage of sperm or ovum, prior to engaging in any
contractual relationship with a client, to provide the client written
notification of the provisions of sections 4-1.3 and 11-1.5 of the
              

Estates, Powers and Trusts Law relating to the inheritance rights of a
child posthumously conceived from the utilization of sperm or ovum
stored at such facility.

Section 2 of the bill provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended bill removes the original requirement that the Department of
Health prepare a disclosure statement for sperm and ovum storage facili-
ties and update such statement to reflect significant changes in the
law. The amended bill would instead require such facilities to notify
prospective clients of existing provisions of New York State law. In
addition, the amended bill removes requirements from the original bill
that would have required such facilities to provide the consumer with
any updated disclosure for ten years after entering into the contractual
agreement.

 
JUSTIFICATION:

Currently a person may freeze sperm or ovum to conceive a child on a
future date. This miracle of science provides our nation's military
service men and women the comfort of knowing that if they are seriously
injured or killed in the line of duty, that they may still have a child.

Good government dictates that a person who decides to freeze sperm or an
ovum is informed of state laws pertaining to posthumous conception
inheritance rights. Failure to inform could result in financial and
emotional hardships for families who utilize a frozen sperm or ovum
without the foresight to plan adequately. This bill will ensure that
parents who enter into contracts for services with a frozen sperm or
ovum storage facility will be made aware of provisions of New York State
law related to the inheritance rights of a child posthumously conceived
by the utilization of such frozen sperm or ovum.

 
PRIOR LEGISLATIVE HISTORY:

2017 - died in Rules in both Houses.
2016 - died in Senate Consumer Protection; died in Assembly Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.