senate Bill S6698

2019-2020 Legislative Session

Relates to inheritance by children conceived after the death of a genetic parent

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 11, 2019 referred to rules

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

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.

S6698 (ACTIVE) - Sponsor Memo

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

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