The New York legislature has recently passed Assembly Bill A 3795, relating to financial loss as a result of a failed in-vitro fertilization. The key highlights are as follows:
- Replaces “birth mother” with “gestational parent”
- Provides for a credit insurance policy for the indemnification of an intended parent for expenses disbursed when either the intended parent or a person acting as surrogate receives in-vitro fertilization or intrauterine insemination treatment that fails and does not result in the birth of a child.
- Expenses may include:
- living expenses of the person acting as surrogate during the in-vitro fertilization or intrauterine insemination treatment and expenses incurred by the intended parent or person acting as surrogate to travel for the in-vitro fertilization or intrauterine insemination treatment.
- medical and hospital expenses not covered under the intended parent’s or person acting as surrogate’s comprehensive health insurance and insurance co-payments, deductibles, and coinsurance, but credit insurance as defined in this clause shall not solely cover such medical and hospital expenses, co-payments, deductibles, or coinsurance.
- An insurer that issues a credit insurance policy shall provide a statement in the application for the insurance policy and in a prominent writing upon policy issuance that the credit insurance policy is not a substitute for comprehensive health insurance.
Please note that this bill became effective 30 days after issuance, on November 15, 2025.
For any questions related to the above referenced bill in New York, please contact Westmont Associates!