Establishes a cause of action for fertility fraud, allows patients who have undergone assisted reproduction procedures to bring a cause of action if human reproductive material other than that which was consented to by the patient is used in such procedure; allows for compensatory and punitive damages.
S T A T E O F N E W Y O R K
________________________________________________________________________
11141
I N A S S E M B L Y
November 6, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin,
Dinowitz, Fahy, L. Rosenthal, Zebrowski, Seawright, Nolan, Magnarelli,
Galef, Simon, Rozic, Griffin, Otis, Montesano, Schmitt, McDonough) --
read once and referred to the Committee on Judiciary
AN ACT to amend the civil rights law, in relation to establishing a
cause of action for fertility fraud
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding a new section
52-c to read as follows:
§ 52-C. PRIVATE RIGHT OF ACTION FOR FERTILITY FRAUD. 1. ANY PATIENT
WHO HAS UNDERGONE AN ASSISTED REPRODUCTION PROCEDURE WITH A HEALTH CARE
PROVIDER OR THE SPOUSE OF ANY PATIENT WHO HAS UNDERGONE AN ASSISTED
REPRODUCTION PROCEDURE WITH A HEALTH CARE PROVIDER SHALL HAVE A PRIVATE
RIGHT OF ACTION FOR DAMAGES AGAINST SUCH HEALTH CARE PROVIDER UNDER ANY
OF THE FOLLOWING CONDITIONS:
(A) SUCH HEALTH CARE PROVIDER KNOWINGLY OR INTENTIONALLY PERFORMS AN
ASSISTED REPRODUCTION PROCEDURE USING THE HUMAN REPRODUCTIVE MATERIAL OF
THE HEALTH CARE PROVIDER OR ANY OTHER DONOR WITHOUT THE PATIENT'S
INFORMED WRITTEN CONSENT TO TREATMENT USING HUMAN REPRODUCTIVE MATERIAL
FROM THE HEALTH CARE PROVIDER OR FROM ANY DONOR OTHER THAN A DONOR FROM
WHOM THE PATIENT CONSENTED TO IN WRITING; OR
(B) SUCH HEALTH CARE PROVIDER INTENTIONALLY PERFORMS AN ASSISTED
REPRODUCTION PROCEDURE AND SUCH HEALTH CARE 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. DAMAGES RECOVERED BY A PLAINTIFF PURSUANT TO THIS SECTION SHALL
INCLUDE COMPENSATORY DAMAGES. IN ADDITION THERETO, THE TRIER OF FACT MAY
AWARD PUNITIVE DAMAGES AND SUCH OTHER NON-MONETARY RELIEF AS MAY BE
APPROPRIATE. IN AWARDING DAMAGES, THE COURT MAY CONSIDER THE EMOTIONAL
IMPACT OF THE DEFENDANT'S CONDUCT.
3. NOTHING IN THIS SECTION SHALL BE DEEMED TO ABROGATE OR OTHERWISE
LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL OR STATE LAW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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