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New York · 2025-2026 General Assembly
A05046Creates a private right of action for fertility fraud; adds a health care practitioner using human reproductive material from the practitioner or from a donor knowing or who reasonably should have known that such patient had not expressly consented to such use, to the crime of aggravated sexual abuse in the fourth degree; relates to the time in which to commence actions relating to fertility fraud; includes fertility fraud in the definition of professional misconduct for physicians, physician's assistants and specialist assistants.
Direction
Abortionpersonhood ivfAI label
=No change to abortion accessmodel confidence 80%
Creates a private right of action for patients, children born from the procedure, donors and others against health care practitioners, donors, clinics and tissue banks for fertility fraud involving false information, misuse of material, or regulatory violations in assisted reproduction, allowing for
The patient, after being treated for infertility by an assisted reproduction procedure, and in the event that such patient gives birth to a child, the spouse of such patient, the surviving spouse of such patient, the legally determined parent, or a child born as a result of the actions described in this section shall have a cause of action against:
Why the model tagged it this way: The bill addresses fertility fraud in assisted reproduction (including IVF and embryo transfer), defining human reproductive material from fertilized ovum to embryo (personhood-ivf), adding it to a sexual abuse crime (restricts access via penalties), and creating civil actions with extended statutes of limitations (neutral on access but enforces rules). No other listed topics are substantively addressed.
Related bills
S00690Enacts the "donor-conceived person protection act" to ensure that reproductive tissue banks, licensed by the department of health, collect a=No change to abortion access↓Restricts transgender recognition & access Died (session ended)
S02619Removes restrictions of three-cycle coverage for in vitro fertilization; mandates individual insurance coverage of in vitro.↑Expands abortion access Died (session ended)
A02198Establishes the crimes of assault on a pregnant person in the second degree as a class D felony and assault on a pregnant person in the firs=No change to abortion access↑Expands abortion access Died (session ended)
S03155Relates to health insurance coverage for in vitro fertilization.↑Expands abortion access Died (session ended)