NY State Senate Bill 2019-S6698

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 21, 2020	advanced to third reading
Jan 15, 2020	2nd report cal.
Jan 14, 2020	1st report cal.149
Jan 08, 2020	referred to judiciary
Sep 11, 2019	referred to rules

Votes

- Jan 14, 2020 - Judiciary Committee Vote
  S6698
  
  11
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Jan 14, 2020
      
      aye (11)
      
      Bailey
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Savino
      
      Sepúlveda
      
      Stavisky
      
      Thomas
      
      nay (3)
      
      Lanza
      
      O'Mara
      
      Ranzenhofer
      
      aye wr (1)
      
      LaValle

2019-S6698 (ACTIVE) - Details

See Assembly Version of this Bill:: A8598
Current Committee:: Senate Rules
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Amd §§4-1.3 & 5-1.2, EPT L

2019-S6698 (ACTIVE) - Summary

Relates to inheritance by children conceived after the death of a genetic parent; provides that a genetic child is a distributee of his or her genetic parent if, absent clear and convincing evidence of a contrary intention of the deceased genetic parent, it is established that the person giving birth to the child is the surviving spouse of the genetic parent; the genetic material was collected after the genetic parent's death; and at the time of the genetic parent's death no divorce proceeding was pending.

2019-S6698 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6698

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the estates, powers and trusts law, in
relation to inheritance by children conceived after the death of a
genetic parent

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Estates, Powers and Trusts Law (EPTL) to establish a proc-
ess by which children who are posthumously conceived using the genetic
material of a decedent and the surviving spouse can be considered the
biological child of the decedent

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (a) of section 4-1.3 of EPTL to
make a technical change to the language describing posthumous
conception.

Section 2 amends paragraph (b) of section 4-1.3 to provide that there

will be an alternative process for determining inheritance by posthu-
mously conceived children.

Section 3 adds a new paragraph (b-1) to outline the alternative proce-
dure by which a posthumously conceived child can be presumed to be the
genetic child of the genetic parents.

Section 4 makes a conforming change to paragraph (f) of section 4-1.3.

Section 5 ensures that the qualifications of a surviving spouse in
section 4-1.3 are consistent with other provisions of EPTL.

Section 6 establishes the effective date.

 
JUSTIFICATION:

Normally, interested parties who want to determine if the child of a
decedent should inherit an estate when the child is conceived posthu-
mously using the genetic material of the decedent can turn to Section
4-1.3 of the Estates, Powers and Trusts Law (EPTL) for guidance. This
section of EPTL includes several requirements that must be met before
the child can be considered "biological": 1) the child must be born
within 33 months of the decedent's death, 2) the decedent must have
provided a written instrument consenting to the use of his/her genetic
material and authorizing a person to make decisions about that material,
3) the person authorized must then record this written instrument with
the Surrogate Court within seven months of the death, and 4) the written
instrument must have been signed by the decedent in the presence of two
witnesses. While this procedure may be entirely appropriate for
instances in which a death is anticipated, it is insufficient for those
in which it is not.

To demonstrate this point, let us look no further than the case of NYPD
Detective Wenjian Liu, who was tragically murdered in his vehicle on
December 20th, 2014 while on-duty with his partner Detective Rafael
Ramos. Det. Liu and his wife Pei Xia Chen had discussed having children
prior to his death, and so the hospital set aside Det.  Liu's genetic
material so that Ms. Chen could pursue in-vitro fertilization at a later
date if she so chose. During the month of July 2017, more than 2 1/2
years after Det. Liu's death, Ms. Chen gave birth to her daughter Ange-
lina. When Ms. Chen went to apply for federal Social Security benefits,
however, she was denied under a federal law which dictates that the
child must be born or conceived prior to the genetic parent's death in
order to automatically receive benefits. If this is not the case, the
child is then considered non-marital and the Social Security Adminis-
tration (SSA) turns to applicable state law to determine the biological
status of the child - and this is where EPTL 4-1.3 comes into play. In
the case at hand, Det. Liu and his wife meet only one of the four
requirements outlined above as the child was born within 33 months of
Det. Liu's death. With a death so sudden and unexpected, however, there
was no opportunity for the Liu family to meet any of the other require-
ments in the statute.

This legislation is intended to remedy situations such as these by
providing an alternative pathway for children conceived posthumously to
establish their genetic origins and inherit their genetic parents'
estates or, in the case of the Liu family, receive federal Social Secu-
rity benefits. It provides a presumption that a posthumously-conceived
child is a genetic product of his/her genetic parents so long as the
person giving birth is a surviving spouse of the decedent, the genetic
material was collected after the genetic parent's death, providing for
cases in which the death is unexpected, and, at the time of the genetic
parent's death, no divorce proceeding was pending. This presumption is
rebuttable, however, as the child can only inherit the estate in the
absence of clear and convincing evidence of the decedent's contrary
intent.

With assisted reproductive technology becoming cheaper and more accessi-
ble, more women are choosing to pursue in-vitro fertilization than ever
before. It is therefore only prudent that New York State update its laws
sooner rather than later and provide a pathway for biological children
to inherit what is rightfully theirs. Allowing Det. Liu's widow and
child to receive Social Security benefits is the very least we can do to
honor his service and the tremendous sacrifice he made on the night of
December 20th, 2014. The reforms reflected in this legislation will
update New York's antiquated intestacy laws to both reflect technolog-
ical advancements and make the process of distributing an estate a
little bit easier for families who have suffered a premature death.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and apply to all estates of dece-
dents where the death occurred on or after November 21st, 2014.

2019-S6698 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6698
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 11, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the  estates,  powers and trusts law, in relation to
   inheritance by children conceived after the death of a genetic parent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  1  of paragraph (a) of section 4-1.3 of the
 estates, powers and trusts law, as added by chapter 439 of the  laws  of
 2014, is amended to read as follows:
   (1)  "Genetic  parent" shall mean a [man] PERSON who provides sperm or
 [a woman who provides] ova used to conceive a child after the  death  of
 the [man or woman] PERSON.
   §  2. Paragraph (b) of section 4-1.3 of the estates, powers and trusts
 law, as added by chapter 439 of the laws of 2014, is amended to read  as
 follows:
   (b)  For  purposes of this article AND EXCEPT AS PROVIDED IN PARAGRAPH
 (B-1) OF THIS SECTION, a genetic child is the child of his or her genet-
 ic parent or parents and, notwithstanding paragraph (c) of section 4-1.1
 of this part, is a distributee of his or her genetic parent  or  parents
 and,  notwithstanding subparagraph (2) of paragraph (a) of section 2-1.3
 of this chapter, is included in any disposition of property  to  persons
 described  in  any  instrument  of which a genetic parent of the genetic
 child was the creator as the issue, children, descendants, heirs,  heirs
 at  law, next of kin, distributee (or by any term of like import) of the
 creator if it is established that:
   (1) the genetic parent in a written instrument  executed  pursuant  to
 the  provisions  of  this  section  not more than seven years before the
 death of the genetic parent:
   (A) expressly consented to the use of his or her genetic  material  to
 posthumously conceive his or her genetic child, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13741-01-9

 S. 6698                             2
 
   (B) authorized a person to make decisions about the use of the genetic
 parent's genetic material after the death of the genetic parent;
   (2)  the person authorized in the written instrument to make decisions
 about the use of the genetic  parent's  genetic  material  gave  written
 notice,  by  certified  mail,  return  receipt requested, or by personal
 delivery, that the genetic parent's genetic material was  available  for
 the  purpose  of  conceiving  a genetic child of the genetic parent, and
 such written notice was given;
   (A) within seven months from the  date  of  the  issuance  of  letters
 testamentary  or  of administration on the estate of the genetic parent,
 as the case may be, to the person to whom such letters have issued,  or,
 if  no  letters  have been issued within four months of the death of the
 genetic parent, and
   (B) within seven months of the  death  of  the  genetic  parent  to  a
 distributee of the genetic parent;
   (3)  the person authorized in the written instrument to make decisions
 about the use of the genetic  parent's  genetic  material  recorded  the
 written  instrument within seven months of the genetic parent's death in
 the office of the surrogate granting letters  on  the  genetic  parent's
 estate,  or,  if no such letters have been granted, in the office of the
 surrogate having jurisdiction to grant them; and
   (4) the genetic child was in utero no later  than  twenty-four  months
 after  the  genetic  parent's  death  or born no later than thirty-three
 months after the genetic parent's death.
   § 3. Section 4-1.3 of the estates, powers and trusts law is amended by
 adding a new paragraph (b-1) to read as follows:
   (B-1) NOTWITHSTANDING PARAGRAPH (B) OF THIS SECTION, FOR THE  PURPOSES
 OF  THIS  ARTICLE,  A  GENETIC  CHILD IS THE CHILD OF HIS OR HER GENETIC
 PARENT OR PARENTS AND, NOTWITHSTANDING PARAGRAPH (C) OF SECTION 4-1.1 OF
 THIS PART, IS A DISTRIBUTEE OF HIS OR HER GENETIC PARENT OR PARENTS AND,
 NOTWITHSTANDING SUBPARAGRAPH (2) OF PARAGRAPH (A) OF  SECTION  2-1.3  OF
 THIS  CHAPTER,  IS  INCLUDED  IN  ANY DISPOSITION OF PROPERTY TO PERSONS
 DESCRIBED IN ANY INSTRUMENT OF WHICH A GENETIC  PARENT  OF  THE  GENETIC
 CHILD  WAS THE CREATOR AS THE ISSUE, CHILDREN, DESCENDANTS, HEIRS, HEIRS
 AT LAW, NEXT OF KIN, DISTRIBUTEE (OR BY ANY TERM OF LIKE IMPORT) OF  THE
 CREATOR IF, ABSENT CLEAR AND CONVINCING EVIDENCE OF A CONTRARY INTENTION
 OF THE DECEASED GENETIC PARENT, IT IS ESTABLISHED THAT:
   (1)  THE  PERSON  GIVING BIRTH TO THE CHILD IS THE SURVIVING SPOUSE OF
 THE GENETIC PARENT;
   (2) THE GENETIC MATERIAL WAS  COLLECTED  AFTER  THE  GENETIC  PARENT'S
 DEATH; AND
   (3)  AT  THE  TIME OF THE GENETIC PARENT'S DEATH NO DIVORCE PROCEEDING
 WAS PENDING.
   TESTIMONY WITH REGARD TO  SUCH  CONTRARY  INTENTION  OF  THE  DECEASED
 GENETIC  PARENT  SHALL  NOT  BE  DISQUALIFIED  UNDER  SECTION FORTY-FIVE
 HUNDRED NINETEEN OF THE CIVIL PRACTICE LAW AND RULES PROVIDED THAT  SUCH
 TESTIMONY IS SUPPORTED BY OTHER EVIDENCE.
   §  4. Paragraph (f) of section 4-1.3 of the estates, powers and trusts
 law, as added by chapter 439 of the laws of 2014, is amended to read  as
 follows:
   (f) Except as provided in [paragraph] PARAGRAPHS (b) AND (B-1) of this
 section  with regard to any disposition of property in any instrument of
 which the genetic parent of a genetic child is the creator, for purposes
 of section 2-1.3 of this chapter a genetic  child  who  is  entitled  to
 inherit  from  a  genetic  parent  under  this section is a child of the
 genetic parent for purposes of a  disposition  of  property  to  persons

 S. 6698                             3

 described  in any instrument as the issue, children, descendants, heirs,
 heirs at law, next of kin, distributees (or by any term of like  import)
 of the creator or of another. This paragraph shall apply to the wills of
 persons  dying  on  or  after September first, two thousand fourteen, to
 lifetime instruments theretofore executed which on said date are subject
 to the grantor's power to revoke or amend, and to all  lifetime  instru-
 ments executed on or after such date.
   §  5.  The  opening paragraph of paragraph (a) of section 5-1.2 of the
 estates, powers and trusts law, as amended by chapter 515 of the laws of
 1993, is amended to read as follows:
   A husband or wife is a surviving spouse within the  meaning,  and  for
 the  purposes  of  4-1.1, 4-1.3, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,
 unless it is established satisfactorily to the court having jurisdiction
 of the action or proceeding that:
   § 6. This act shall take effect immediately and shall apply to estates
 of decedents dying on or after November 21, 2014; provided however, that
 the provisions of paragraph (f) of section 4-1.3 of the estates,  powers
 and  trusts  law, as amended by section four of this act, shall apply to
 the wills of persons dying on or after September 1,  2014,  to  lifetime
 instruments  theretofore  executed which on said date are subject to the
 grantor's power to revoke or amend,  and  to  all  lifetime  instruments
 executed on or after such date.

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Senate Bill S6698

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 14, 2020 - Judiciary Committee Vote

Judiciary Committee Vote: Jan 14, 2020

2019-S6698 (ACTIVE) - Details

2019-S6698 (ACTIVE) - Summary

2019-S6698 (ACTIVE) - Sponsor Memo

2019-S6698 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6698

Share this bill

Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S6698 (ACTIVE) - Details

2019-S6698 (ACTIVE) - Summary

2019-S6698 (ACTIVE) - Sponsor Memo

2019-S6698 (ACTIVE) - Bill Text download pdf

Comments