senate Bill S4617

2013-2014 Legislative Session

Establishes the child-parent security act; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Apr 16, 2013 referred to children and families

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S4617 - Bill Details

See Assembly Version of this Bill:
A6701
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Add Art 5-C Parts 1 - 7 §§581-101 - 581-703, Fam Ct Act; rpld §73 & Art 8, Dom Rel L

S4617 - Bill Texts

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Establishes the child-parent security act to legally establish a child's relationship with his or her parents.

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BILL NUMBER:S4617

TITLE OF BILL: An act to amend the family court act, in relation to
establishing the child-parent security act; and to repeal section 73
and article 8 of the domestic relations law, relating to legitimacy of
children born by artificial insemination and surrogate parenting
contracts

PURPOSE OR GENERAL IDEA OF BILL: To legally establish a child's
relationship to his or her parents.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new article 5-C to the Family Court Act, enacting the
"Child-Parent Security Act." Part one of the article provides
definitions. Part two establishes the requirements and procedure for
obtaining a judgment of parentage of a child born: through assisted
reproduction or artificial insemination, pursuant to a gestational
carrier arrangement, and for a child whose parentage is established
pursuant to section 581-601 of article 581-C. Part three sets forth
provisions for determining the parentage of a child of assisted
reproduction or artificial insemination, Part four authorizes
gestational carrier agreements and sets forth the requirements of such
agreements. Part five sets forth the conditions for reimbursement and
compensation to donors and gestational carriers,. Part six provides
for determination of parenthood where an individual can demonstrate by
clear and convincing evidence that the parent of the child consented
to the formation of a parent-child relationship with the child, the
person resided in the same household with the child for a length of
time sufficient to have established a parental relationship with the
child, the person performed parental functions to a significant
degree, and the person formed a parent-child bond with the child.

Section 2 repeals section 73 of the Domestic Relations Law.

Section 3 repeals Article 8 of the Domestic Relations Law.

Section 4 provides the effective date.

JUSTIFICATION: New York law has failed to keep pace with medical
advances in assisted reproduction, causing uncertainty about who the
legal parents of a child are upon birth. In many cases, parentage
created through these technologies is not recognized under current law
This is not only detrimental to the child; it also causes confusion in
many critical situations. For example, a hospital does not know who
must give consent when a newborn requires medical procedures.

Importantly, this legislation lifts the ban on surrogacy contracts to
permit gestational carrier agreements and sets forth the criteria for
such agreements. When all of the requirements set forth in the law are
met, the intended parents can obtain an "Order of Parentage" from a
court prior to the birth of the child, so that upon birth, the
intended parents are the legal parents. The requirements are designed
to ensure that all parties enter into the agreement on equal footing
and with full knowledge of their duties and obligations. For example,
all parties must be represented by independent legal counsel, and the


agreement may not limit the right of the carrier to make her own
healthcare decisions.

Because of New York's laws, couples facing infertility and same-sex
couples are forced to go out of state in order to have a child via
gestational carrier. This is overly burdensome to the parents, who
have often already struggled for many years to have a child. Having an
out-of-state gestational carrier does not allow for the parents to
fully participate in the pregnancy by attending doctor's appointments,
etc. It also requires the participants to use out-of-state clinics and
medical professionals despite the fact that New York is home to
world-class medical facilities and fertility professionals.

This legislation also establishes a legal procedure for a partner of a
biological or adoptive parent who has formed a parental bond with a
child after birth, with the consent of the biological or adoptive
parent to be declared a parent. This will allow such an individual to
continue to have a relationship with the child should the relationship
with the biological or adoptive parent dissolve.

The Child-Parent Security Act will provide clear and decisive legal
procedures to ensure that each child's relationship to his or her
parent(s) is legally recognized, The new legal procedures will take
into consideration the best interests of the child and the need for
clarity and stability in family relationships. It is crucial that New
York updates its laws to reflect all the ways in which families are
formed.

PRIOR LEGISLATIVE HISTORY: A10499, 2012, referred to judiciary.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made on or before such date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4617

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation  to  establishing  the
  child-parent  security  act; and to repeal section 73 and article 8 of
  the domestic relations law, relating to legitimacy of children born by
  artificial insemination and surrogate parenting contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
                                ARTICLE 5-C
                        CHILD-PARENT SECURITY ACT
PART 1 GENERAL PROVISIONS (581-101 - 581-103)
     2 JUDGMENT OF PARENTAGE (581-201 - 581-206)
     3 CHILD   OF   ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION
       (581-301 - 581-307)
     4 GESTATIONAL AGREEMENT (581-401 - 581-411)
     5 PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
     6 FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
       (581-601)
     7 MISCELLANEOUS PROVISIONS (581-701 - 581-703)

                                 PART 1
                           GENERAL PROVISIONS
SECTION 581-101. SHORT TITLE.
        581-102. PURPOSE.
        581-103. DEFINITIONS.
  S 581-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED
AS THE "CHILD-PARENT SECURITY ACT".
  S  581-102.  PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05071-04-3

S. 4617                             2

  S 581-103. DEFINITIONS.  (A) "ARTIFICIAL INSEMINATION" MEANS INSERTION
OF SPERM INTO FEMALE REPRODUCTIVE ORGANS BY ANY MEANS OTHER THAN  SEXUAL
INTERCOURSE,  INCLUDING  INTRAUTERINE  INSEMINATION,  WITH THE INTENT TO
CAUSE A PREGNANCY.
  (B) "ASSISTED REPRODUCTION" INCLUDES ALL FERTILITY TREATMENTS IN WHICH
BOTH  EGGS  AND  SPERM  ARE  HANDLED. IN THE FOREGOING CONTEXT, THE TERM
INCLUDES, BUT IS NOT LIMITED TO IN-VITRO FERTILIZATION AND  TRANSFER  OF
EMBRYOS INCLUDING DONATED GAMETES OR DONATED EMBRYOS.
  (C) "ART PROVIDER" MEANS ANY ENTITY WHICH ASSISTS WITH ASSISTED REPRO-
DUCTIVE TECHNOLOGY.
  (D)  "ASSISTED  REPRODUCTIVE  TECHNOLOGY"  OR  "ART" IS ANY MEDICAL OR
SCIENTIFIC INTERVENTION, INCLUDING, BUT NOT LIMITED TO, ASSISTED REPROD-
UCTION, PROVIDED FOR THE PURPOSE OF ACHIEVING LIVE  BIRTH  THAT  RESULTS
FROM  ASSISTED  CONCEPTION. ASSISTED CONCEPTION MEANS THE FORMATION OF A
HUMAN EMBRYO OUTSIDE THE BODY WITH THE INTENT TO PRODUCE A LIVE BIRTH.
  (E) "CHILD" MEANS A LIVE BORN INDIVIDUAL OF ANY  AGE  WHOSE  PARENTAGE
MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
  (F) "COLLABORATIVE REPRODUCTION" INVOLVES ARTIFICIAL INSEMINATION WITH
DONOR  SPERM  AND ANY ASSISTED REPRODUCTION IN WHICH AN INDIVIDUAL OTHER
THAN THE INTENDED PARENT PROVIDES GENETIC MATERIAL OR AGREES TO ACT AS A
GESTATIONAL CARRIER. IT CAN INCLUDE, BUT IS NOT LIMITED TO, (1) ATTEMPTS
BY THE INTENDED PARENT TO CREATE A CHILD THROUGH MEANS OF A  GESTATIONAL
ARRANGEMENT,  WITH  OR  WITHOUT  THE  INVOLVEMENT  OF  A  DONOR, AND (2)
ASSISTED REPRODUCTION INVOLVING A DONOR WHERE A GESTATIONAL  CARRIER  IS
NOT USED.
  (G)  "COMPENSATION"  MEANS  PAYMENT  OF ANY VALUABLE CONSIDERATION FOR
TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
AND ANCILLARY COSTS.
  (H) "DONOR" MEANS AN INDIVIDUAL WHO PRODUCES EGGS OR  SPERM  USED  FOR
ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION, WHETHER OR NOT FOR
CONSIDERATION. DONOR ALSO INCLUDES AN  INDIVIDUAL  OR  INDIVIDUALS  WITH
DISPOSITIONAL  CONTROL OF AN EMBRYO WHO PROVIDE IT TO ANOTHER PERSON FOR
THE PURPOSE  OF  GESTATION  AND  RELINQUISHES  ALL  PRESENT  AND  FUTURE
PARENTAL  AND  INHERITANCE  RIGHTS AND OBLIGATIONS TO A RESULTING CHILD.
THE TERM DOES NOT INCLUDE AN INTENDED PARENT WHO PROVIDES GAMETES TO  BE
USED FOR ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
  (I)  "EMBRYO"  MEANS  A  CELL  OR  GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP  OF  SUCH  CELLS,  NOT  A  GAMETE  OR
GAMETES,  THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY  OF  A  WOMAN  UNDER  CONDITIONS  IN  WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
  (J) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE  NECESSARY  TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
  (K) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA  THAT
HAS  THE  POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
HUMAN BEING COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC  DNA,  OF
ANOTHER HUMAN BEING.
  (L)  "GAMETE  PROVIDER" MEANS AN INDIVIDUAL WHO PROVIDES SPERM OR EGGS
FOR USE IN ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
  (M) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN INTENDED PARENTS AND
A GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE CHILD
WILL BE THE LEGAL CHILD OF THE INTENDED PARENTS.
  (N) "GESTATIONAL CARRIER"  MEANS  AN  ADULT  WOMAN,  NOT  AN  INTENDED
PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL

S. 4617                             3

BE  THE  LEGAL  CHILD  OF  THE  INTENDED  PARENTS SO LONG AS SHE HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
  (O)  "GESTATIONAL  CARRIER  ARRANGEMENT"  MEANS THE PROCESS BY WHICH A
GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD  CREATED
THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
  (P)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW ACTING  WITHIN  HIS  OR  HER
SCOPE OF PRACTICE.
  (Q)  "INTENDED  PARENT"  IS  AN INDIVIDUAL WHO MANIFESTS THE INTENT AS
PROVIDED IN THIS ACT TO BE LEGALLY  BOUND  AS  THE  PARENT  OF  A  CHILD
RESULTING FROM ASSISTED REPRODUCTION OR COLLABORATIVE REPRODUCTION.
  (R)  "IN-VITRO  FERTILIZATION"  MEANS  THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
  (S) "MEDICAL EVALUATION" MEANS AN EVALUATION AND CONSULTATION  WITH  A
HEALTH CARE PROVIDER REGARDING THE ANTICIPATED PREGNANCY.
  (T)  "PARENT"  MEANS  AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW AND INCLUDES, BUT IS NOT LIMIT-
ED TO: (1) A CHILD'S BIRTH PARENT WHO IS NOT A  GESTATIONAL  CARRIER  OR
THE  SPOUSE OF THE GESTATIONAL CARRIER; (2) A CHILD'S GENETIC PARENT WHO
IS NOT THE DONOR; (3) AN INDIVIDUAL WHO HAS LEGALLY ADOPTED  THE  CHILD;
(4)  AN  INDIVIDUAL  WHO  IS  A  PARENT OF THE CHILD PURSUANT TO A LEGAL
PRESUMPTION; (5) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT  TO
AN  ACKNOWLEDGMENT  OR  JUDGMENT OF PARENTAGE PURSUANT TO ARTICLE TWO OF
THIS ACT OR OTHER LAW; (6) AN INDIVIDUAL WHO IS A PARENT  OF  THE  CHILD
PURSUANT TO ARTICLE THREE, FOUR, OR SIX OF THIS ACT.
  (U)  "PARTICIPANT"  MEANS  AN  INDIVIDUAL WHO PROVIDES A BIOLOGICAL OR
GENETIC COMPONENT OF ASSISTED REPRODUCTION OR  ARTIFICIAL  INSEMINATION,
AN  INTENDED PARENT, AND THE SPOUSE OF AN INTENDED PARENT OR GESTATIONAL
CARRIER. GESTATION IS A BIOLOGICAL COMPONENT WITHIN THE MEANING OF  THIS
DEFINITION.
  (V)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
  (W) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
PROVIDER.
  (X)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
SHIP.
  (Y) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  (Z) "TIME OF TRANSFER" MEANS THE TIME AT WHICH A GAMETE OR  EMBRYO  IS
TRANSFERRED  INTO  THE  BODY  OF A WOMAN WITH THE INTENT TO PRODUCE LIVE
BIRTH.
  (AA) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES  INTO  THE
BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.

                                 PART 2
                          JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
        581-202. PROCEEDING  FOR  JUDGMENT  OF PARENTAGE OF A CHILD BORN
                   THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
                   TION.

S. 4617                             4

        581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF  A  CHILD  BORN
                   PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT.
        581-204. PROCEEDING  FOR  JUDGMENT OF PARENTAGE OF A CHILD WHOSE
                   PARENTAGE IS ESTABLISHED PURSUANT TO SECTION  581-601
                   OF THIS ARTICLE.
        581-205. JUDGMENT  OF  PARENTAGE  FOR  INTENDED  PARENTS WHO ARE
                   SPOUSES.
        581-206. JURISDICTION.
  S 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD  UNDER  THE  CIRCUMSTANCES
SET  FORTH  IN THIS ARTICLE. THIS PROCEEDING IS GOVERNED BY THE NEW YORK
CIVIL PRACTICE LAW AND RULES.
  (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
  (C) A JUDGMENT OF PARENTAGE SHALL BE ISSUED  BY  THE  COURT  UPON  THE
PETITION  OF  (1) A CHILD, OR (2) A PARENT, OR (3) A PARTICIPANT, OR (4)
THE SUPPORT/ENFORCEMENT AGENCY OR OTHER GOVERNMENTAL  AGENCY  AUTHORIZED
BY  OTHER  LAW,  OR (5) A REPRESENTATIVE AUTHORIZED BY LAW TO ACT FOR AN
INDIVIDUAL WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN A PROCEEDING  BUT
WHO  IS  DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO LEGALLY ESTAB-
LISH THE CHILD-PARENT RELATIONSHIP UNDER THE FOLLOWING CIRCUMSTANCES:
  (I) A CHILD BORN THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
TION UNDER PART THREE OF THIS ARTICLE; OR
  (II) A CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT  UNDER
PART FOUR OF THIS ARTICLE; OR
  (III)  A CHILD WHOSE PARENTAGE CAN BE ESTABLISHED PURSUANT TO PART SIX
OF THIS ARTICLE.
  S 581-202. PROCEEDING FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD  BORN
THROUGH  ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION.    (A)  A
PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE COMMENCED:
  (1) IF THE INTENDED PARENTS RESIDE IN NEW YORK STATE,  IN  THE  COUNTY
WHERE  THE  INTENDED PARENTS RESIDE ANY TIME AFTER PREGNANCY IS ACHIEVED
OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
  (2) IF THE INTENDED PARENTS AND CHILD DO NOT RESIDE IN NEW YORK STATE,
UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY  WHERE  THE
CHILD IS BORN.
  (B)  THE  PETITION  FOR  A  JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
  (1) A STATEMENT THAT THE INTENDED PARENTS HAVE BEEN RESIDENTS  OF  THE
STATE  FOR  AT LEAST NINETY DAYS OR IF THEY ARE NOT NEW YORK STATE RESI-
DENTS, THE CHILD WAS BORN IN THE STATE; AND
  (2) A STATEMENT FROM THE GESTATING MOTHER THAT SHE BECAME PREGNANT  AS
A  RESULT OF THE DONATION OF THE GAMETES OR EMBRYOS AND A REPRESENTATION
OF NON-ACCESS DURING THE TIME OF CONCEPTION; AND
  (3) A STATEMENT  THAT  THE  INTENDED  PARENTS  CONSENTED  TO  ASSISTED
REPRODUCTION  OR  ARTIFICIAL INSEMINATION PURSUANT TO SECTION 581-304 OF
THIS ARTICLE; AND
  (4) WHERE THE GAMETES OR EMBRYOS WERE RECEIVED FROM A GAMETE OR EMBRYO
STORAGE FACILITY, AN ATTACHED STATEMENT FROM THE FACILITY HAVING CUSTODY
OF THE GAMETES OR EMBRYOS  DEMONSTRATING  THE  DONATIVE  INTENT  OF  THE
GAMETE OR EMBRYO DONOR.
  (C)  THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT:
  (1) IN THE CASE OF AN ANONYMOUS DONOR, A STATEMENT FROM THE GAMETE  OR
EMBRYO  STORAGE FACILITY WITH CUSTODY OF THE GAMETES OR EMBRYOS THAT THE

S. 4617                             5

DONOR RELINQUISHED ANY PARENTAL OR PROPRIETARY INTEREST IN  THE  GAMETES
OR EMBRYOS AT THE TIME OF DONATION; AND
  (2)  IN  THE CASE OF A DONATION FROM A KNOWN DONOR, A NOTARIZED STATE-
MENT FROM THE GAMETE OR EMBRYO  DONOR  ACKNOWLEDGING  THE  DONATION  AND
CONFIRMING  THAT  THE DONORS HAVE NO PARENTAL OR PROPRIETARY INTEREST IN
THE GAMETES OR EMBRYOS. IN THE ABSENCE OF A NOTARIZED STATEMENT FROM THE
DONOR, THE DONOR SHALL BE SERVED BY  MAIL  AT  THE  DONOR'S  LAST  KNOWN
ADDRESS WITH NOTICE OF THE PROCEEDING. FAILURE TO RESPOND TO SAID NOTICE
SHALL BE CONSIDERED A DEFAULT AND NO FURTHER NOTICE SHALL BE REQUIRED.
  (D)  WHERE A PETITION DEMONSTRATES THE CONSENT OF THE INTENDED PARENTS
PURSUANT TO SECTION 581-304 OF THIS ARTICLE, THE DONATIVE INTENT OF  THE
GAMETE  OR  EMBRYO  DONORS  AND  THAT  THE  PREGNANCY  RESULTED FROM THE
DONATION, THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE:
  (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED  PARENTS
ARE THE ONLY LEGAL PARENTS OF THE CHILD; AND
  (2)  ORDERING  THE  INTENDED PARENTS TO ASSUME SOLE RESPONSIBILITY FOR
THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE  BIRTH  OF
THE CHILD; AND
  (3)  ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK  CITY
DEPARTMENT  OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND  DIRECTING  THAT  THE  HOSPITAL
REPORT  THE  PARENTAGE  OF  THE  CHILD  TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
ICATE  HAS  ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH  CERTIFICATE  IN  AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
  S 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN PURSU-
ANT  TO  A  GESTATIONAL CARRIER ARRANGEMENT.   (A) THE PROCEEDING MAY BE
COMMENCED AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN  EXECUTED
BY  ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT NOT JOIN-
ING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING.  FAIL-
URE  TO  RESPOND  TO  THE  NOTICE  SHALL  BE CONSIDERED A DEFAULT AND NO
FURTHER NOTICE SHALL BE REQUIRED.
  (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
INCLUDE THE FOLLOWING:
  (1)  A  STATEMENT THAT THE GESTATIONAL CARRIER OR THE INTENDED PARENTS
HAVE BEEN RESIDENTS OF THE STATE FOR AT LEAST NINETY DAYS  AT  THE  TIME
THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
  (2)  A  CERTIFICATION  FROM THE ATTORNEYS REPRESENTING THE PETITIONERS
THAT THE PARTIES ARE ELIGIBLE TO PARTICIPATE IN THE GESTATIONAL  CARRIER
ARRANGEMENT  AS REQUIRED BY SECTION 581-404 OF THIS ARTICLE AND THAT THE
GESTATIONAL AGREEMENT CONTAINS THE REQUIRED TERMS UNDER SECTION  581-405
OF THIS ARTICLE; AND
  (3)  A  STATEMENT THAT THE PARTIES ENTERED INTO THE GESTATIONAL AGREE-
MENT KNOWINGLY AND VOLUNTARILY.
  (C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF  THIS  SECTION,  THE
COURT   SHALL   ISSUE   A  JUDGMENT  OF  PARENTAGE,  WITHOUT  ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
  (1) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM  OF
THE GESTATIONAL AGREEMENT, THE INTENDED PARENTS ARE THE LEGAL PARENTS OF
THE CHILD; AND
  (2)  DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND HER  SPOUSE,  IF
ANY, ARE NOT THE LEGAL PARENTS OF THE CHILD; AND

S. 4617                             6

  (3) ORDERING THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY, TO TRANS-
FER  THE CHILD TO THE INTENDED PARENTS IF THIS HAS NOT ALREADY OCCURRED;
AND
  (4)  ORDERING  THE  INTENDED PARENTS TO ASSUME SOLE RESPONSIBILITY FOR
THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE  BIRTH  OF
THE CHILD; AND
  (5)  ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK  CITY
DEPARTMENT  OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND  DIRECTING  THAT  THE  HOSPITAL
REPORT  THE  PARENTAGE  OF  THE  CHILD  TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
ICATE  HAS  ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH  CERTIFICATE  IN  AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
  (D)  THE  AGREEMENT  OF THE INTENDED PARENTS TO PAY REASONABLE COMPEN-
SATION TO THE GESTATIONAL CARRIER IN EXCESS OF  REASONABLE  MEDICAL  AND
ANCILLARY  COSTS  SHALL  NOT  BE  A BAR TO THE ISSUANCE OF A JUDGMENT OF
PARENTAGE.
  S 581-204. PROCEEDING FOR JUDGMENT  OF  PARENTAGE  OF  A  CHILD  WHOSE
PARENTAGE IS ESTABLISHED PURSUANT TO SECTION 581-601 OF THIS ARTICLE.  A
PROCEEDING  FOR  A  JUDGMENT  OF  PARENTAGE MAY BE COMMENCED BY VERIFIED
PETITION TO ESTABLISH PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE AT
ANY TIME IN THE COUNTY OF RESIDENCE OF THE CHILD OR OF A PARENT, INCLUD-
ING A PERSON ASSERTING TO HAVE FORMED A PARENT-CHILD RELATIONSHIP WITH A
CHILD UNDER SECTION 581-601 OF THIS ARTICLE.  UPON  A  DETERMINATION  OF
PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE, THE COURT SHALL ISSUE A
JUDGMENT  OF  PARENTAGE DECLARING THE PARENTS OF THE CHILD FOR ALL LEGAL
PURPOSES.
  S 581-205. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE  THAT
APPLY,  A  JUDGMENT  OF  PARENTAGE  MAY  BE  OBTAINED UNDER THIS PART BY
INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE.
  S 581-206. JURISDICTION.  PROCEEDINGS PURSUANT TO THIS ARTICLE MAY  BE
INSTITUTED  IN  THE  SUPREME,  FAMILY  OR  SURROGATE'S  COURT EXCEPT FOR
PROCEEDINGS PURSUANT TO SECTION 581-204 OF THIS PART MAY  BE  INSTITUTED
IN THE SUPREME OR FAMILY COURT.

                                 PART 3
        CHILD OF ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION
SECTION 581-301. SCOPE OF ARTICLE.
        581-302. STATUS OF DONOR.
        581-303. PARENTAGE  OF CHILD OF ASSISTED REPRODUCTION OR ARTIFI-
                   CIAL INSEMINATION.
        581-304. CONSENT TO ASSISTED REPRODUCTION OR ARTIFICIAL  INSEMI-
                   NATION.
        581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
                   ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.
        581-306. EFFECT  OF  DISSOLUTION  OF  RELATIONSHIP OF SPOUSES OR
                   WITHDRAWAL OF CONSENT.
        581-307. EFFECT OF DEATH OF INTENDED PARENT.
  S 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
  S 581-302. STATUS OF DONOR.   A DONOR IS  NOT  A  PARENT  OF  A  CHILD
CONCEIVED  BY  MEANS OF ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION
EXCEPT AS PROVIDED IN SECTION 581-303 OF THIS PART.

S. 4617                             7

  S 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION  OR  ARTIFICIAL
INSEMINATION.    (A)  AN  INDIVIDUAL  WHO  PROVIDES GAMETES FOR ASSISTED
REPRODUCTION OR ARTIFICIAL INSEMINATION WITH THE INTENT TO BE  A  PARENT
OF THE CHILD, OR CONSENTS TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMI-
NATION  AS  PROVIDED IN SECTION 581-304 OF THIS PART, IS A PARENT OF THE
RESULTING CHILD FOR ALL LEGAL PURPOSES.
  (B) UPON APPLICATION BY ANY PARTICIPANT, THE COURT SHALL ISSUE A JUDG-
MENT OF PARENTAGE TO ANY PARTICIPANT WHO IS A PARENT  PURSUANT  TO  THIS
ACT.
  S  581-304.  CONSENT  TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
TION.  (A) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS
OF ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION  IS  A  SPOUSE,  THE
CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION OR ARTIFICIAL INSE-
MINATION  IS  PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE OF
THE CHILD, EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
  (B) CONSENT TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION BY  AN
INDIVIDUAL  WHO  INTENDS  TO  BE  A  PARENT AND IS NOT THE SPOUSE OF THE
INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED  REPROD-
UCTION  OR  ARTIFICIAL  INSEMINATION  MUST  BE  IN A SIGNED RECORD WHICH
ACKNOWLEDGES THE INTENDED PARENTS' JOINT PARTICIPATION AND INTENTION  TO
PARENT TOGETHER.
  (C)  THE  FAILURE  OF  A  PERSON  TO  SIGN A RECORD EVIDENCING HIS/HER
CONSENT AS PROVIDED  IN  SUBDIVISION  (B)  OF  THIS  SECTION  SHALL  NOT
PRECLUDE A FINDING THAT SUCH CONSENT EXISTED IF THE COURT FINDS BY CLEAR
AND  CONVINCING  EVIDENCE  THAT AT THE TIME OF THE CHILD'S CONCEPTION OR
BIRTH, BOTH THE INTENDED PARENT WHO GIVES BIRTH TO THE  CHILD  AND  SUCH
PERSON  RESIDED  IN  THE  SAME  HOUSEHOLD AS INTIMATE PARTNERS, AND HELD
THEMSELVES AND EACH OTHER OUT AS THE PARENTS OF THE INTENDED CHILD.
  S 581-305. LIMITATION ON SPOUSES' DISPUTE OF  PARENTAGE  OF  CHILD  OF
ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.  (A) EXCEPT AS OTHER-
WISE  PROVIDED  IN  SUBDIVISION  (B) OF THIS SECTION, NEITHER SPOUSE MAY
CHALLENGE THE PRESUMPTION OF PARENTAGE OF THE CHILD UNLESS:
  (1) WITHIN TWO YEARS AFTER LEARNING  OF  THE  BIRTH  OF  THE  CHILD  A
PROCEEDING IS COMMENCED TO ADJUDICATE PARENTAGE; AND
  (2)  THE  COURT  FINDS  BY  CLEAR  AND CONVINCING EVIDENCE THAT EITHER
SPOUSE DID NOT CONSENT FOR THE NON-GESTATING SPOUSE TO BE  A  PARENT  OF
THE CHILD.
  (B)  A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT ANY
TIME IF THE COURT DETERMINES THAT:
  (1) THE SPOUSE DID NOT PROVIDE GAMETES FOR, OR  CONSENT  TO,  ASSISTED
REPRODUCTION  OR  ARTIFICIAL  INSEMINATION  BY  THE  INDIVIDUAL WHO GAVE
BIRTH; AND
  (2) THE SPOUSE AND THE INDIVIDUAL WHO GAVE BIRTH  HAVE  NOT  COHABITED
SINCE THE SPOUSE KNEW OR HAD REASON TO KNOW OF THE PREGNANCY; AND
  (3) THE SPOUSE NEVER OPENLY HELD OUT THE CHILD AS HIS OR HER OWN.
  (C)  THE  LIMITATION  PROVIDED  IN  THIS  SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED  REPRODUCTION
OR ARTIFICIAL INSEMINATION.
  S  581-306.  EFFECT OF DISSOLUTION OF RELATIONSHIP OF SPOUSES OR WITH-
DRAWAL OF CONSENT.  AN INDIVIDUAL WHO WITHDRAWS CONSENT PRIOR TO  TRANS-
FER IS NOT A PARENT.
  S  581-307.  EFFECT  OF DEATH OF INTENDED PARENT.  EXCEPT AS OTHERWISE
PROVIDED IN THE ESTATES, POWERS AND TRUSTS LAW,  IF  AN  INDIVIDUAL  WHO
CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION OR ARTIFI-
CIAL  INSEMINATION  DIES BEFORE THE TRANSFER OF EGGS, SPERM, OR EMBRYOS,
THE DECEASED INDIVIDUAL IS NOT A PARENT OF THE  RESULTING  CHILD  UNLESS

S. 4617                             8

THE  DECEASED  INDIVIDUAL  CONSENTED IN A SIGNED RECORD THAT IF ASSISTED
REPRODUCTION OR ARTIFICIAL INSEMINATION WERE TO OCCUR AFTER  DEATH,  THE
DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD.

                                 PART 4
                          GESTATIONAL AGREEMENT
SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
        581-404. ELIGIBILITY.
        581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.
        581-406. TERMINATION OF GESTATIONAL AGREEMENT.
        581-407. GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT SPOUSAL
                   RELATIONSHIP.
        581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE.
        581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.
        581-410. INSPECTION OF RECORDS.
        581-411. EXCLUSIVE, CONTINUING JURISDICTION.
  S 581-401. GESTATIONAL AGREEMENT AUTHORIZED.   (A) IF  ELIGIBLE  UNDER
THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
ER,  HER SPOUSE IF APPLICABLE, AND THE INTENDED PARENTS MAY ENTER INTO A
GESTATIONAL AGREEMENT WHICH WILL BE ENFORCEABLE PROVIDED THE GESTATIONAL
AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTICLE.
  (B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH  OF  A  CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
  (C)  A  GESTATIONAL  AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
  (D) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER TO MAKE DECISIONS TO SAFEGUARD HER HEALTH.
  S 581-404. ELIGIBILITY.  (A) A GESTATIONAL CARRIER SHALL  BE  ELIGIBLE
TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
SHE  HAS  MET  THE  FOLLOWING  REQUIREMENTS  AT THE TIME THE GESTATIONAL
AGREEMENT IS EXECUTED:
  (1) SHE IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
  (2) SHE HAS COMPLETED A MEDICAL EVALUATION WITH A HEALTH CARE  PRACTI-
TIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
  (3)  SHE HAS UNDERGONE LEGAL CONSULTATION WITH INDEPENDENT LEGAL COUN-
SEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND  THE  POTENTIAL
LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
  (4) SHE HAS, OR THE GESTATIONAL AGREEMENT STIPULATES THAT PRIOR TO THE
EMBRYO  TRANSFER, SHE WILL OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS
MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION, AND THE  HEALTH  INSURANCE
POLICY  HAS  A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED
PREGNANCY AND FOR EIGHT WEEKS AFTER THE BIRTH OF THE CHILD;  THE  POLICY
MAY  BE  PROCURED  AND PAID FOR BY THE INTENDED PARENTS ON BEHALF OF THE
GESTATIONAL CARRIER PURSUANT TO THE GESTATIONAL AGREEMENT.
  (B) THE INTENDED PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN  ENFORCEA-
BLE  GESTATIONAL  AGREEMENT  UNDER THIS ARTICLE IF HE, SHE, OR THEY HAVE
MET THE FOLLOWING REQUIREMENTS AT THE TIME THE GESTATIONAL AGREEMENT WAS
EXECUTED:
  (1) HE, SHE, OR THEY HAVE UNDERGONE LEGAL CONSULTATION WITH  INDEPEND-
ENT  LEGAL  COUNSEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND
THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT;
AND
  (2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE  INTIMATE  PARTNERS
TOGETHER, EXCEPT WHERE THE INTENDED PARENT AND HIS OR HER SPOUSE:

S. 4617                             9

  (I)  ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF  SEPARATION  SUBSCRIBED
BY  THE  PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
  (II)  HAVE  BEEN  LIVING  SEPARATE  AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE GESTATIONAL AGREEMENT, THEN THE SPOUSE OF  THE
INTENDED  PARENT IS NOT REQUIRED TO BE A PARTY TO THE GESTATIONAL AGREE-
MENT AND SHALL NOT HAVE PARENTAL RIGHTS OR OBLIGATIONS TO THE CHILD.
  S 581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.   (A) A  GESTATIONAL
AGREEMENT  SHALL  BE  DEEMED  TO HAVE SATISFIED THE REQUIREMENTS OF THIS
ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
  (1) IT SHALL BE IN A SIGNED RECORD VERIFIED BY THE  INTENDED  PARENTS,
THE GESTATIONAL CARRIER, AND HER SPOUSE, IF ANY; AND
  (2)  IT  SHALL  BE  EXECUTED  PRIOR TO THE COMMENCEMENT OF ANY MEDICAL
PROCEDURES IN FURTHERANCE OF THE GESTATIONAL CARRIER  ARRANGEMENT  OTHER
THAN  MEDICAL  EVALUATIONS  NECESSARY  TO  DETERMINE  ELIGIBILITY OF THE
PARTIES PURSUANT TO SECTION 581-404 OF THIS PART; AND
  (3) IT SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING  THE  ELIGI-
BILITY  REQUIREMENTS  OF SUBDIVISION (A) OF SECTION 581-404 OF THIS PART
AND BY THE GESTATIONAL CARRIER'S SPOUSE, IF ANY; AND
  (4) IT SHALL BE EXECUTED BY INTENDED PARENTS MEETING  THE  ELIGIBILITY
REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-404 OF THIS PART; AND
  (5)  THE  GESTATIONAL CARRIER AND THE INTENDED PARENTS SHALL HAVE BEEN
REPRESENTED BY SEPARATE, INDEPENDENT COUNSEL IN ALL  MATTERS  CONCERNING
THE GESTATIONAL CARRIER ARRANGEMENT AND THE GESTATIONAL AGREEMENT; AND
  (6)  IF  THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE GESTATIONAL CARRIER,  THE  COMPENSATION  SHALL  HAVE  BEEN
PLACED  IN  ESCROW  WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE GESTA-
TIONAL CARRIER'S  COMMENCEMENT  OF  ANY  MEDICAL  PROCEDURE  OTHER  THAN
MEDICAL  EVALUATIONS  NECESSARY  TO  DETERMINE THE GESTATIONAL CARRIER'S
ELIGIBILITY; AND
  (7) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
  (I) AS TO THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY:
  (A) THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO  TRANS-
FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
  (B)  THE  AGREEMENT OF THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY,
TO SURRENDER CUSTODY OF ALL RESULTING CHILDREN TO THE  INTENDED  PARENTS
IMMEDIATELY UPON THE BIRTH; AND
  (C)  THE RIGHT OF THE GESTATIONAL CARRIER TO UTILIZE THE SERVICES OF A
HEALTH CARE PRACTITIONER OF HER CHOOSING, AFTER  CONSULTATION  WITH  THE
INTENDED PARENTS, TO PROVIDE HER CARE DURING THE PREGNANCY; AND
  (II) AS TO THE INTENDED PARENT OR PARENTS:
  (A)  THE  AGREEMENT  TO ACCEPT CUSTODY OF ALL RESULTING CHILDREN IMME-
DIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL  OR  PHYSICAL
CONDITION; AND
  (B) THE AGREEMENT TO ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE
CHILDREN IMMEDIATELY UPON THE CHILDREN'S BIRTH; AND
  (C)  THE  AGREEMENT  THAT  THE  RIGHTS AND OBLIGATIONS OF THE INTENDED
PARENT OR PARENTS UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE.
  S 581-406. TERMINATION OF GESTATIONAL AGREEMENT.   (A) AFTER  ISSUANCE
OF  A JUDGMENT OF PARENTAGE PURSUANT TO SECTION 581-203 OF THIS ARTICLE,
BUT BEFORE THE GESTATIONAL CARRIER BECOMES PREGNANT BY MEANS OF ASSISTED
REPRODUCTION, THE GESTATIONAL CARRIER, HER SPOUSE, IF ANY, OR EITHER  OF
THE  INTENDED  PARENTS MAY TERMINATE THE GESTATIONAL AGREEMENT BY GIVING
NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES AND ANY LIABILITY

S. 4617                            10

RESULTING THEREFROM WILL BE DETERMINED PURSUANT TO  SECTION  581-408  OF
THIS PART.
  (B)  AN  INDIVIDUAL  WHO TERMINATES A GESTATIONAL AGREEMENT UNDER THIS
SECTION SHALL FILE NOTICE OF THE TERMINATION WITH THE COURT. ON  RECEIPT
OF  THE  NOTICE, THE COURT SHALL VACATE THE JUDGMENT OF PARENTAGE ISSUED
UNDER THIS ARTICLE.
  S  581-407.  GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT   SPOUSAL
RELATIONSHIP.  AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER THIS
ARTICLE,  THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL CARRIER
DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL  AGREEMENT,  HER  SPOUSE'S
CONSENT TO THE AGREEMENT SHALL NOT BE REQUIRED, AND HER SPOUSE SHALL NOT
BE THE PRESUMED PARENT OF THE RESULTING CHILD.
  S  581-408.  FAILURE  TO  OBTAIN  A JUDGMENT OF PARENTAGE.   WHERE THE
INTENDED PARENTS OR THE GESTATIONAL CARRIER FAIL TO OBTAIN A JUDGMENT OF
PARENTAGE PURSUANT TO SECTION 581-203 OF THIS ARTICLE, THE PARENTAGE  OF
A  CHILD BORN AS THE RESULT OF A GESTATIONAL CARRIER ARRANGEMENT WILL BE
DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD TAKING INTO  ACCOUNT
GENETICS AND THE INTENT OF THE PARTIES.
  S 581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.  (A) ANY DISPUTE WHICH
IS  RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO PARENT-
AGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH  SHALL  DETERMINE  THE
RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE  PARTIES. IF A GESTATIONAL
AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, THE  AGREEMENT
IS NOT ENFORCEABLE.
  (B)  EXCEPT  AS  EXPRESSLY  PROVIDED IN THE GESTATIONAL AGREEMENT, THE
INTENDED PARENT OR PARENTS AND GESTATIONAL CARRIER SHALL BE ENTITLED  TO
ALL  REMEDIES  AVAILABLE  AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE
GESTATIONAL AGREEMENT.
  (C) THERE SHALL BE NO SPECIFIC  PERFORMANCE  REMEDY  AVAILABLE  FOR  A
BREACH  BY  THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT TERM THAT
REQUIRES HER TO BE IMPREGNATED.
  S 581-410. INSPECTION OF RECORDS.  THE PROCEEDINGS, RECORDS, AND IDEN-
TITIES OF THE INDIVIDUAL PARTIES TO A GESTATIONAL AGREEMENT  UNDER  THIS
ARTICLE  SHALL  BE SEALED EXCEPT UPON THE PETITION OF THE PARTIES TO THE
GESTATIONAL AGREEMENT OR THE CHILD BORN AS A RESULT OF  THE  GESTATIONAL
CARRIER ARRANGEMENT.
  S  581-411. EXCLUSIVE, CONTINUING JURISDICTION.  SUBJECT TO THE JURIS-
DICTIONAL STANDARDS OF SECTION SEVENTY-SIX  OF  THE  DOMESTIC  RELATIONS
LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS ARTICLE HAS EXCLUSIVE,
CONTINUING  JURISDICTION  OF  ALL MATTERS ARISING OUT OF THE GESTATIONAL
AGREEMENT UNTIL A CHILD BORN TO THE GESTATIONAL CARRIER DURING THE PERI-
OD GOVERNED BY THE AGREEMENT ATTAINS THE AGE OF ONE HUNDRED EIGHTY DAYS.

                                 PART 5
               PAYMENT TO DONORS AND GESTATIONAL CARRIERS
SECTION 581-501. REIMBURSEMENT.
        581-502. COMPENSATION.
  S 581-501. REIMBURSEMENT.  (A) A DONOR WHO HAS ENTERED  INTO  A  VALID
AGREEMENT  TO  BE  A  DONOR,  MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
PARENT OR PARENTS FOR ECONOMIC LOSSES INCURRED IN  CONNECTION  WITH  THE
DONATION  WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBR-
YOS.
  (B) PREMIUMS PAID  FOR  INSURANCE  AGAINST  ECONOMIC  LOSSES  DIRECTLY
RESULTING  FROM  THE  RETRIEVAL  OR  STORAGE  OF  GAMETES OR EMBRYOS FOR
DONATION MAY BE REIMBURSED.

S. 4617                            11

  S 581-502. COMPENSATION.  (A) COMPENSATION MAY BE PAID TO A  DONOR  OR
GESTATIONAL  CARRIER BASED ON SERVICES RENDERED, EXPENSES THAT HAVE BEEN
OR WILL BE INCURRED, TIME, AND INCONVENIENCE. UNDER NO CIRCUMSTANCES MAY
COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS OR TO  PAY  FOR  THE
RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
  (B)  THE  COMPENSATION, IF ANY, PAID TO A DONOR OR GESTATIONAL CARRIER
MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
SAID PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION  OF
THE  PREGNANCY  AND  RECUPERATIVE  PERIOD OF UP TO EIGHT WEEKS AFTER THE
BIRTH OF THE CHILD.
  (C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY  OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
  (D)  COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.

                                 PART 6
    FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
SECTION 581-601. DETERMINATION OF PARENTHOOD.
  S 581-601. DETERMINATION OF PARENTHOOD.  (A) A PERSON SEEKING TO QUAL-
IFY FOR A JUDGMENT OF PARENTAGE UNDER THIS PART IS REFERRED TO HEREIN AS
"PETITIONER".
  (B) THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE TO A PETITIONER  WHO
DEMONSTRATES THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
  (1)  THE  PARENT  OR  PARENTS OF A CHILD CONSENTED TO THE PETITIONER'S
FORMATION OF A PARENT-CHILD RELATIONSHIP WITH THE CHILD, SUCH CONSENT TO
BE EXPRESSED IN WRITTEN FORM, INCLUDING BUT NOT LIMITED TO, ANY  OF  THE
FOLLOWING  EXAMPLES:  A SIGNED LETTER AGREEMENT, AN EXECUTED CONTRACT, A
BIRTH ANNOUNCEMENT, A  RELIGIOUS  CEREMONY  DOCUMENT,  OR  A  SCHOOL  OR
MEDICAL RECORD; AND
  (2)  PETITIONER  RESIDED  IN  THE  SAME HOUSEHOLD WITH THE CHILD FOR A
LENGTH OF TIME SUFFICIENT, GIVEN THE AGE OF THE CHILD,  TO  HAVE  ESTAB-
LISHED  WITH  THE  CHILD  A  BONDED,  DEPENDENT RELATIONSHIP PARENTAL IN
NATURE; AND
  (3) PETITIONER PERFORMED PARENTAL FUNCTIONS FOR THE CHILD TO A SIGNIF-
ICANT DEGREE; AND
  (4) PETITIONER FORMED A PARENT-CHILD BOND WITH THE CHILD.
  (C) PETITIONER UNDER THIS PART SHALL NOT INCLUDE A GRANDPARENT OF SUCH
MINOR CHILD, A PERSON WHOSE RELATIONSHIP WITH  THE  CHILD  IS  BASED  ON
PAYMENT BY THE PARENT, OR A PERSON WHO HAS NOT AT ANY TIME BEEN AN INTI-
MATE PARTNER WITH A PARENT OF THE CHILD.
  (D)  PETITIONER  QUALIFYING  AS  A  PARENT UNDER THIS SECTION SHALL BE
DEEMED TO BE THE LEGAL PARENT OF SUCH CHILD FOR ALL PURPOSES.
  (E) A JUDGMENT OF  PARENTAGE  SHALL  BE  ISSUED  PURSUANT  TO  SECTION
581-204  OF  THIS  ARTICLE  CONFIRMING  ESTABLISHMENT  OF A PARENT-CHILD
RELATIONSHIP AS PROVIDED IN THIS PART.

                                 PART 7
                        MISCELLANEOUS PROVISIONS
SECTION 581-701. REMEDIAL.
        581-702. SEVERABILITY.
        581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC  RELATIONS
                   LAW.
  S  581-701.  REMEDIAL.    THIS  LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE  BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.

S. 4617                            12

  S  581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION  SHALL  NOT  RESULT  IN  THE
INVALIDATION OF ANY OTHER PART.
  S 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
INCLUDE  A  PERSON  ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
OTHER RELEVANT LAW.
  S 2. Section 73 of the domestic relations law is REPEALED.
  S 3. Article 8 of the domestic relations law is REPEALED.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

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