|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Sep 11, 2019||referred to rules|
senate Bill S6698
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6698 (ACTIVE) - Details
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
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
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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