NY State Senate Bill 2025-S5743

Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2025	referred to codes

2025-S5743 (ACTIVE) - Details

See Assembly Version of this Bill:: A526
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add Art 5 §52-e, Civ Rts L; amd §6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11141
2021-2022: S9073, A1091
2023-2024: S4269, A2845

2025-S5743 (ACTIVE) - Summary

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.

2025-S5743 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5743

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the civil rights law and the education law, in relation
to establishing a cause of action for fertility fraud

 
PURPOSE:

To provide civil recourse to patients, spouses, and children when a.
physician service provider, or donor commits fertility fraud.

 
SUMMARY OF PROVISIONS:

Section one adds a new section 52-d to the civil rights law, creating a
private right of action for fertility fraud. Subdivision one provides
that any patient who has undergone an assisted reproduction procedure
with a health care provider, any intended parent, their spouse, and a
child or person born as a result of such assisted reproductive procedure
shall have a private right of action for damages against such health
care provider when: (a) such health care provider knowingly or inten-

tionally 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, or from any donor other
than a donor from whom the patient consented 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.

Subdivision two provides that any patient who has undergone an assisted
reproduction procedure, any intended parent, their spouse, or a child or
person born as a result of such assisted reproduction procedure shall
have a private right of action for damages against a donor or assisted
reproductive service provider where (a) such donor or assisted reproduc-
tive service provider knowingly provides false or misleading information
about the donor's medical history including but not limited to an
illness at the time of donation, any past illness, of the donor, or
genetic or family history of the donor for the past two generations
which is known to the donor at the time of donation; or such assisted
reproductive service provider knowingly uses or provides human reproduc-
tive material for an assisted reproduction procedure in a manner or to
an extent other than that to which the patient consented.

Subdivision three provides that a donor of human reproductive material
shall have a cause of action against a health care provider or assisted
reproductive service provider, if the donor's human reproductive materi-
al 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.

Subdivision four provides that damages recovered by a plaintiff pursuant
to this section shall include compensatory damages. In addition, the
trier of fact may award punitive damages and such other non-monetary
relief as may be appropriate.

Subdivision five provides that nothing in this section shall be deemed
to abrogate or otherwise limit any right or remedy otherwise conferred
'by federal or state law including but not limited to, any right or
remedy related to child support, nor shall any award under this section
be used to offset child support obligations that may arise in connection
with this section.

Subdivision six provides that a cause of action under this section shall
be commenced no later than six years from the date a person discovers,
or reasonably should have discovered, the fertility fraud.  Subdivision
seven defines terms used in this section.

Section two amend section 6530 of the education law to provide that a
physician is guilty of profession misconduct if they commit fertility
fraud.

Section three provides the effective date.

 
JUSTIFICATION:

Several recent high-profile cases of doctors using their own sperm to
inseminate patients have brought attention to the issue of fertility
fraud. One Indiana doctor used his sperm instead of the intended donor
sperm and has been found to have fathered at least sixty children, born
in the 1970s and 1980s. Vocal patients who were victims of a doctor's
fraud in Texas exposed his actions and were successful in advocating for
the passage of fertility fraud legislation in their state. Currently,
Indiana, California, and Texas have enacted laws creating a civil right
of action for fertility fraud. Civil bills have also been introduced and
are pending in Colorado, -Nebraska, Ohio, and Florida.

New York law must protect the dignity of women undergoing assisted
reproduction procedures. If a doctor violates their professional oath
and takes advantage of a patient's confidence by using reproductive
material without prior consent, there must be judicial recourse avail-
able to victims. Learning that one has received unintended reproductive
material without consent is the ultimate betrayal of trust and would
leave a patient feeling nothing less than deceit and violation. This
legislation creates a civil right of action against a health care
provider when such provider knowingly or intentionally performs an
assisted reproductive procedure using their own human reproductive mate-
rial, or that of any other donor, without the patient's informed written
consent. It will also afford a civil remedy against donors and fertility
clinics.

Patients must feel confident that the reproductive material used to have
their child is the material that they have consented to using.  Estab-
lishing a right to sue for the act of fertility fraud will validate a
victim's experience and will make it easier to seek justice when they
have been wronged.

 
PRIOR LEGISLATIVE HISTORY:

A.1091a of 2021 and 2022, referred to judiciary. Same as 5.9073 of 2022,
referred to codes.  A.11141, 2020, referred to judiciary.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the ninetieth day after it shall have become law.

2025-S5743 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5743
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law and the education 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. Article 5 of the civil rights law is amended  by  adding  a
 new section 52-e to read as follows:
   §  52-E.  PRIVATE  RIGHT OF ACTION FOR FERTILITY FRAUD. 1. ANY PATIENT
 WHO HAS UNDERGONE AN ASSISTED REPRODUCTION PROCEDURE WITH A HEALTH  CARE
 PROVIDER,  ANY INTENDED PARENT, THE SPOUSE OF ANY PATIENT WHO HAS UNDER-
 GONE AN ASSISTED REPRODUCTION PROCEDURE WITH A HEALTH CARE PROVIDER, THE
 SPOUSE OF ANY INTENDED PARENT, OR A CHILD OR PERSON BORN AS A RESULT  OF
 SUCH  ASSISTED  REPRODUCTION  PROCEDURE  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. ANY PATIENT WHO HAS UNDERGONE AN ASSISTED  REPRODUCTION  PROCEDURE,
 ANY  INTENDED  PARENT,  THE  SPOUSE  OF ANY PATIENT WHO HAS UNDERGONE AN
 ASSISTED REPRODUCTION PROCEDURE, THE SPOUSE OF ANY INTENDED PARENT, OR A
 CHILD OR PERSON BORN AS A RESULT OF SUCH ASSISTED REPRODUCTION PROCEDURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02744-01-5

 S. 5743                             2
 
 SHALL HAVE A PRIVATE RIGHT OF ACTION FOR  DAMAGES  AGAINST  A  DONOR  OR
 ASSISTED REPRODUCTIVE SERVICE PROVIDER UNDER ANY OF THE FOLLOWING CONDI-
 TIONS:
   (A)  SUCH  DONOR  OR  ASSISTED REPRODUCTIVE SERVICE PROVIDER KNOWINGLY
 PROVIDES FALSE OR  MISLEADING  INFORMATION  ABOUT  THE  DONOR'S  MEDICAL
 HISTORY INCLUDING BUT NOT LIMITED TO AN ILLNESS AT THE TIME OF DONATION,
 ANY  PAST  ILLNESS OF THE DONOR, OR THE GENETIC OR FAMILY HISTORY OF THE
 DONOR FOR THE PAST TWO GENERATIONS WHICH IS KNOWN TO THE  DONOR  AT  THE
 TIME OF DONATION; OR
   (B)  SUCH  ASSISTED  REPRODUCTIVE  SERVICE  PROVIDER KNOWINGLY USES OR
 PROVIDES HUMAN REPRODUCTIVE MATERIAL FOR AN ASSISTED REPRODUCTION PROCE-
 DURE IN A MANNER OR TO AN EXTENT OTHER THAN THAT TO  WHICH  THE  PATIENT
 CONSENTED.
   3. A DONOR OF HUMAN REPRODUCTIVE MATERIAL SHALL HAVE A CAUSE OF ACTION
 AGAINST  A HEALTH CARE PROVIDER OR ASSISTED REPRODUCTIVE SERVICE PROVID-
 ER, IF THE DONOR'S HUMAN REPRODUCTIVE MATERIAL WAS USED: (A) WITHOUT THE
 DONOR'S CONSENT; OR (B) IN A MANNER OR TO AN EXTENT OTHER THAN  THAT  TO
 WHICH THE DONOR CONSENTED.
   4.  DAMAGES  RECOVERED  BY  A PLAINTIFF PURSUANT TO THIS SECTION SHALL
 INCLUDE COMPENSATORY DAMAGES, INCLUDING PLAINTIFF'S  EMOTIONAL  DISTRESS
 ARISING    FROM DEFENDANT'S CONDUCT.   IN ADDITION THERETO, THE TRIER OF
 FACT MAY AWARD PUNITIVE DAMAGES AND SUCH OTHER  NON-MONETARY  RELIEF  AS
 MAY BE APPROPRIATE.
   5.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO ABROGATE OR OTHERWISE
 LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL OR  STATE  LAW,
 INCLUDING  BUT  NOT  LIMITED  TO,  ANY  RIGHT OR REMEDY RELATED TO CHILD
 SUPPORT, NOR SHALL ANY AWARD UNDER THIS SECTION BE USED TO OFFSET  CHILD
 SUPPORT OBLIGATIONS THAT MAY ARISE IN CONNECTION WITH THIS SECTION.
   6.  A  CAUSE  OF ACTION UNDER THIS SECTION SHALL BE COMMENCED NO LATER
 THAN SIX YEARS FROM THE DATE A PERSON DISCOVERS,  OR  REASONABLY  SHOULD
 HAVE DISCOVERED, THE FERTILITY FRAUD.
   7.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DONOR" SHALL MEAN AN INDIVIDUAL WHO  DOES  NOT  INTEND  TO  BE  A
 PARENT, WHO PRODUCES HUMAN REPRODUCTIVE MATERIAL AND PROVIDES SUCH HUMAN
 REPRODUCTIVE  MATERIAL  TO  ANOTHER  PERSON, OTHER THAN THE INDIVIDUAL'S
 SPOUSE, FOR USE IN AN ASSISTED REPRODUCTION PROCEDURE;
   (B) "HUMAN REPRODUCTIVE MATERIAL" SHALL MEAN:
   (I) A HUMAN SPERMATOZOON OR OVUM; OR
   (II) A HUMAN ORGANISM AT ANY STAGE OF DEVELOPMENT FROM FERTILIZED OVUM
 TO EMBRYO;
   (C) "PATIENT" SHALL MEAN ANY INDIVIDUAL  INJECTED  OR  IMPLANTED  WITH
 HUMAN REPRODUCTIVE MATERIAL; AND
   (D)  "INTENDED  PARENT"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
 (L) OF SECTION 581-102 OF THE FAMILY COURT ACT.
   § 2. Section 6530 of the education law is  amended  by  adding  a  new
 subdivision 51 to read as follows:
   51. (A) KNOWINGLY OR INTENTIONALLY PERFORMING AN ASSISTED REPRODUCTION
 PROCEDURE  USING  THE HUMAN REPRODUCTIVE MATERIAL OF THE LICENSEE OR ANY
 OTHER DONOR WITHOUT THE PATIENT'S INFORMED WRITTEN CONSENT TO  TREATMENT
 USING  HUMAN  REPRODUCTIVE  MATERIAL FROM THE LICENSEE OR FROM ANY DONOR
 OTHER THAN A DONOR FROM WHOM THE PATIENT CONSENTED TO IN WRITING; OR
   (B) INTENTIONALLY PERFORMING AN ASSISTED  REPRODUCTION  PROCEDURE  AND
 SUCH  LICENSEE  KNOWS  OR  REASONABLY  SHOULD  HAVE KNOWN THAT THE HUMAN
 REPRODUCTIVE MATERIAL WAS USED:
   (I) WITHOUT THE DONOR'S CONSENT; OR
 S. 5743                             3
 
   (II) IN A MANNER OR TO AN EXTENT OTHER THAN THAT TO  WHICH  THE  DONOR
 CONSENTED.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law, and shall apply to acts occurring on  or  after  such
 date.

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Senate Bill S5743

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2025-S5743 (ACTIVE) - Details

2025-S5743 (ACTIVE) - Summary

2025-S5743 (ACTIVE) - Sponsor Memo

2025-S5743 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5743

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Codes Committee

2025-S5743 (ACTIVE) - Details

2025-S5743 (ACTIVE) - Summary

2025-S5743 (ACTIVE) - Sponsor Memo

2025-S5743 (ACTIVE) - Bill Text download pdf

Comments