A 301: 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.
The bill aims to establish fertility fraud as a class E felony offense in New York. A healthcare provider is guilty of fertility fraud if they perform an assisted reproduction procedure using their own spermatozoon or ovum without the patient's informed written consent. Additionally, if a healthcare provider knowingly or reasonably should have known that the human reproductive material used was obtained without consent or in a manner different from the donor's consent, they can also be held liable for fertility fraud. Human reproductive material includes a human spermatozoon, ovum, or any stage of development from fertilized ovum to embryo. The bill would make fertility fraud a class E felony offense, with the law taking effect 120 days after the bill becomes a law.
| Jan. 07, 2026 | referred to codes |
| Jan. 08, 2025 | referred to codes |
STATE OF NEW YORK ________________________________________________________________________ 301 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PAULIN, SIMON -- 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: 1 Section 1. The penal law is amended by adding a new section 190.90 to 2 read as follows: 3 § 190.90 Fertility fraud. 4 1. A health care provider is guilty of fertility fraud when such 5 provider: (a) knowingly or intentionally performs an assisted reprod- 6 uction procedure using the spermatozoon or ovum of the health care 7 provider or any other donor without the patient's informed written 8 consent to treatment using spermatozoon or ovum from the health care 9 provider or from any donor other than a donor from whom the patient 10 consented in writing; or 11 (b) intentionally performs an assisted reproduction procedure and such 12 provider knows or reasonably should have known that the human reproduc- 13 tive material was used: (i) without the donor's consent; or (ii) in a 14 manner or to an extent other than that to which the donor consented. 15 2. "Human reproductive material" means: 16 (a) a human spermatozoon or ovum; or 17 (b) a human organism at any stage of development from fertilized ovum 18 to embryo. 19 Fertility fraud is a class E felony. 20 § 2. This act shall take effect on the one hundred twentieth day after 21 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00797-01-5