Assembly Bill A387

2021-2022 Legislative Session

Relates to establishing the crime of fertility fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-A387 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §190.90, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10672
2023-2024: A262
2025-2026: A301

2021-A387 (ACTIVE) - Summary

Establishes the crime of fertility fraud as an assisted reproduction procedure using the health care provider's own spermatozoon or ovum or using human reproductive material without the donor's consent.

2021-A387 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    387
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the penal law, in relation to establishing fertility
   fraud as a class E felony offense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 190.90 to
 read as follows:
 § 190.90 FERTILITY FRAUD.
   1. A HEALTH CARE PROVIDER IS  GUILTY  OF  FERTILITY  FRAUD  WHEN  SUCH
 PROVIDER:  (A)  KNOWINGLY  OR INTENTIONALLY PERFORMS AN ASSISTED REPROD-
 UCTION PROCEDURE USING THE SPERMATOZOON  OR  OVUM  OF  THE  HEALTH  CARE
 PROVIDER  OR  ANY  OTHER  DONOR  WITHOUT  THE PATIENT'S INFORMED WRITTEN
 CONSENT TO TREATMENT USING SPERMATOZOON OR OVUM  FROM  THE  HEALTH  CARE
 PROVIDER  OR  FROM  ANY  DONOR  OTHER THAN A DONOR FROM WHOM THE PATIENT
 CONSENTED IN WRITING; OR
   (B) INTENTIONALLY PERFORMS AN ASSISTED REPRODUCTION PROCEDURE AND SUCH
 PROVIDER KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE HUMAN  REPRODUC-
 TIVE  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. "HUMAN REPRODUCTIVE MATERIAL" MEANS:
   (A) A HUMAN SPERMATOZOON OR OVUM; OR
   (B) A HUMAN ORGANISM AT ANY STAGE OF DEVELOPMENT FROM FERTILIZED  OVUM
 TO EMBRYO.
   FERTILITY FRAUD IS A CLASS E FELONY.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02132-01-1

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