The New York State Senate

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

                                  4319

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced by M. of A. PAULIN, TITONE, LAVINE, ZEBROWSKI, WEPRIN, ROBIN-
  SON,  GALEF, JAFFEE, OTIS, SCARBOROUGH, COOK, STIRPE, BENEDETTO, BRON-
  SON, BRINDISI, MOSLEY, WALTER, ORTIZ, DINOWITZ,  ROSENTHAL  --  Multi-
  Sponsored  by  -- M. of A. BRENNAN, GOTTFRIED, MARKEY, MAYER, SCHIMEL,
  SKARTADOS, WRIGHT -- read once and referred to the Committee on  Judi-
  ciary

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01093-01-5

A. 4319                             2

  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.
  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.

A. 4319                             3

  (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
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.

A. 4319                             4

                                 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.
        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 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  (1)  BROUGHT
PURSUANT  TO A PROCEEDING AUTHORIZED PURSUANT TO PARTS THREE AND FOUR OF
THIS ACT UPON THE PETITION OF (I) A CHILD, OR (II) A PARENT, OR (III)  A
PARTICIPANT,  OR  (IV)  THE  SUPPORT/ENFORCEMENT AGENCY OR OTHER GOVERN-
MENTAL AGENCY AUTHORIZED BY OTHER LAW, OR (V) A  REPRESENTATIVE  AUTHOR-
IZED  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 ESTABLISH THE CHILD-PARENT RELATIONSHIP, (2)  OR  IN  A
PROCEEDING AUTHORIZED PURSUANT TO PART SIX OF THIS ACT UPON THE PETITION
OF  (I)  A  CHILD,  OR (II) A PARENT, OR (III) A PERSON CLAIMING TO HAVE
FORMED A PARENT-CHILD RELATIONSHIP WITH A CHILD UNDER SECTION 581-601 OF
THIS ARTICLE, UNDER THE FOLLOWING CIRCUMSTANCES:
  A. A CHILD BORN THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL  INSEMINA-
TION UNDER PART THREE OF THIS ARTICLE; OR
  B.  A  CHILD  BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT UNDER
PART FOUR OF THIS ARTICLE; OR
  C. 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

A. 4319                             5

  (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
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

A. 4319                             6

  (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
  (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.

A. 4319                             7

        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 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

A. 4319                             8

  (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.  IF THE RELATIONSHIP OF SPOUSES IS  DISSOLVED  BEFORE
TRANSFER  OF EGGS, SPERM, OR EMBRYOS, THE CONSENT OF BOTH SPOUSES TO THE
USE OF THE GAMETES OR THE TRANSFER OF EMBRYOS IS REQUIRED IF THE SPOUSES
HAVE JOINT CUSTODY AND CONTROL OF THE GAMETES OR  EMBRYOS.  HOWEVER,  IF
THERE IS A SIGNED RECORD ASSIGNING CUSTODY AND CONTROL OF THE GAMETES OR
EMBRYOS  TO  ONE SPOUSE, THAT SPOUSE MAY USE OR TRANSFER SAID GAMETES OR
EMBRYOS WITHOUT THE CONSENT OF THE FORMER SPOUSE. THE FORMER  SPOUSE  IS
NOT  A  PARENT OF THE RESULTING CHILD UNLESS THE FORMER SPOUSE CONSENTED
IN A RECORD THAT IF ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION
WERE  TO  OCCUR  AFTER A DIVORCE OR DISSOLUTION OF THE RELATIONSHIP, THE
FORMER SPOUSE WOULD BE A PARENT OF THE CHILD.
  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
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

A. 4319                             9

  (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:
  (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

A. 4319                            10

  (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
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.

A. 4319                            11

  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  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
"PUTATIVE PARENT".
  (B)  THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE TO A PETITIONER WHO
DEMONSTRATES THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
  (1) ANY PARENT OR  PARENTS  OF  A  CHILD  CONSENTED  TO  THE  PUTATIVE
PARENT'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)  THE  PUTATIVE PARENT RESIDED IN THE SAME HOUSEHOLD WITH THE CHILD
FOR A LENGTH OF TIME SUFFICIENT, GIVEN THE AGE OF  THE  CHILD,  TO  HAVE
ESTABLISHED  WITH THE CHILD A BONDED, DEPENDENT RELATIONSHIP PARENTAL IN
NATURE; AND
  (3) THE PUTATIVE PARENT PERFORMED PARENTAL FUNCTIONS FOR THE CHILD  TO
A SIGNIFICANT DEGREE; AND
  (4) THE PUTATIVE PARENT FORMED A PARENT-CHILD BOND WITH THE CHILD; AND
  (5) SUCH JUDGMENT IS IN THE BEST INTEREST OF THE CHILD.

A. 4319                            12

  (C)  A PUTATIVE PARENT 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
INTIMATE PARTNER WITH A PARENT OF THE CHILD.
  (D)  THE  COURT SHALL APPOINT AN ATTORNEY FOR THE CHILD TO REPRESENT A
MINOR WHO IS THE SUBJECT OF THE PROCEEDING.
  (E) A PARENT'S WITHDRAWAL OF CONSENT TO THE PARENT-CHILD  RELATIONSHIP
SUBSEQUENT  TO  THE  OCCURRENCE OF THE FACTORS IN PARAGRAPHS ONE THROUGH
FIVE OF SUBDIVISION (B) OF THIS  SECTION  SHALL  NOT  CHANGE  THE  LEGAL
PARENTAL  STATUS  OR RIGHTS OF THE PUTATIVE PARENT QUALIFYING UNDER THIS
PART.
  (F) THE PUTATIVE PARENT QUALIFYING AS  A  PARENT  UNDER  THIS  SECTION
SHALL BE DEEMED TO BE THE LEGAL PARENT OF SUCH CHILD FOR ALL PURPOSES.
  (G)  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 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.