Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy or gamete donation agreements; repealer
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 20, 2020 |
referred to judiciary |
Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy or gamete provision agreements; relates to proceedings regarding parental rights, status and obligations and makes conforming changes; regulates genetic surrogacy, gamete provision and assisted reproduction programs; repeals provisions relating to the legitimacy of children born by artificial insemination
S T A T E O F N E W Y O R K
________________________________________________________________________
9847
I N A S S E M B L Y
February 20, 2020
___________
Introduced by M. of A. BARRETT, O'DONNELL -- read once and referred to
the Committee on Judiciary
AN ACT to amend the family court act, in relation to judgments of
parentage of children conceived through assisted reproduction or
pursuant to surrogacy agreements or gamete provider agreements; to
amend the domestic relations law, in relation to proceedings regarding
parental rights, status and obligations and to make conforming chang-
es; to amend the public health law, in relation to voluntary acknowl-
edgments of parentage, genetic surrogacy and regulations concerning
gamete provision, and to establish the New York state office of
assisted reproduction registrar and the assisted reproduction regis-
try; to amend the general business law, in relation to the regulation
of surrogacy programs, third-party gamete provision service providers
and assisted reproduction service provider; to repeal section 73 of
the domestic relations law, relating to legitimacy of children born by
artificial insemination; and to repeal sections 122 and 123 of the
domestic relations law, relating to 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
JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
PART 1. GENERAL PROVISIONS (581-101 - 581-102)
2. JUDGMENT OF PARENTAGE (581-201 - 581-207)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
4. SURROGACY AGREEMENT (581-401 - 581-409)
5. THIRD-PARTY GAMETE PROVISION AGREEMENT (581-501 - 581-507)
6. INFORMED CONSENT (581-601 - 581-604)
7. PAYMENT TO GAMETE PROVIDERS AND PERSONS ACTING AS SURROGATES
(581-701 - 581-702)
8. SURROGATES' BILL OF RIGHTS (581-801 - 581-807)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14764-03-0
A. 9847 2
9. GAMETE PROVIDERS' BILL OF RIGHTS (581-901 - 581-905)
10. MISCELLANEOUS PROVISIONS (581-1001 - 581-1004)
PART 1
GENERAL PROVISIONS
SECTION 581-101. PURPOSE.
581-102. DEFINITIONS.
§ 581-101. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO THEIR PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES, IF
APPLICABLE, AND INCLUDING CHILDREN BORN THROUGH SURROGACY, INCLUDING
GENETIC SURROGACY. NO FERTILIZED EGG, EMBRYO OR FETUS SHALL HAVE ANY
INDEPENDENT RIGHTS UNDER THE LAWS OF THIS STATE, NOR SHALL ANY FERTI-
LIZED EGG, EMBRYO OR FETUS BE VIEWED AS A CHILD UNDER THE LAWS OF THIS
STATE, NOR SHALL ANY FERTILIZED EGG, EMBRYO OR FETUS BE VIEWED AS A
CHILD UNDER THE LAWS OF THIS STATE, NOR SHALL ANY PERSON PROVIDING ANY
FERTILIZED EGG OR EMBRYO IN ORDER TO ESTABLISH ANOTHER PERSON'S PREGNAN-
CY THEREBY ACQUIRE ANY RIGHTS OVER THAT PERSON'S BODY.
§ 581-102. DEFINITIONS. (A) "ACKNOWLEDGMENT OF INTERIM PARENTAL
RESPONSIBILITY": A WRITTEN DECLARATION VALID AT THE BIRTH OF A CHILD
CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES IF APPLICA-
BLE, AND BORN THROUGH SURROGACY, INCLUDING GENETIC SURROGACY, THAT
STATES THAT THE PERSON ACTING AS SURROGATE AND THE BIOLOGICALLY-RELATED
INTENDED PARENT OR PARENTS, IF APPLICABLE, OR OTHERWISE A NON-BIOLOGI-
CALLY-RELATED INTENDED PARENT, ASSUME PARENTAL RESPONSIBILITY FOR THE
CHILD AND WILL SHARE DECISION-MAKING RESPONSIBILITY FOR THE CHILD,
EXCEPT THAT THE INTENDED PARENT OR PARENTS, AS APPLICABLE, WILL ASSUME
FULL FINANCIAL RESPONSIBILITY, UNTIL:
1. THE PERSON ACTING AS SURROGATE UNDER THE TERMS OF A SURROGACY
AGREEMENT HAS, AS APPLICABLE, SUBMITTED A WRITTEN DECLARATION NO SOONER
THAN EIGHT DAYS FOLLOWING THE BIRTH OF THE CHILD STATING THAT THEY ARE,
AS APPLICABLE, VOLUNTARILY CONSENTING TO DISCLAIM AND RENOUNCE THEIR
PARENTAL RIGHTS, AND A JUDGMENT OF PARENTAGE IN FAVOR OF THE INTENDED
PARENT OR PARENTS, AS APPLICABLE, HAS BEEN ISSUED UNDER THE TERMS OF A
SURROGACY AGREEMENT; OR
2. THE PERSON ACTING AS SURROGATE UNDER THE TERMS OF A GENETIC SURRO-
GACY AGREEMENT, HAS SUBMITTED A WRITTEN DECLARATION NO SOONER THAN EIGHT
DAYS FOLLOWING THE BIRTH OF THE CHILD STATING THAT THEY ARE, AS APPLICA-
BLE, VOLUNTARILY CONSENTING TO DISCLAIM AND RENOUNCE THEIR PARENTAL
RIGHTS UNDER THE TERMS OF A GENETIC SURROGACY AGREEMENT, AND CONSENTING
TO THE ADOPTION OF ANY CHILDREN BORN PURSUANT TO THE GENETIC SURROGACY
AGREEMENT; OR
3. A FINAL JUDGMENT OF PARENTAGE HAS OTHERWISE BEEN ISSUED AS ESTAB-
LISHED UNDER THE PROCEDURES OF THIS ARTICLE.
(B) "ASSISTED REPRODUCTION" MEANS A METHOD OF CAUSING PREGNANCY OTHER
THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS NOT LIMITED TO:
1. INTRAUTERINE OR VAGINAL INSEMINATION;
2. THIRD-PARTY GAMETE PROVISION;
3. THIRD-PARTY EMBRYO PROVISION;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(C) "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
DETERMINED UNDER THIS ACT OR OTHER LAW.
(D) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION IN
EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
A. 9847 3
(E) "GAMETE PROVIDER" MEANS AN INDIVIDUAL WHO DOES NOT INTEND TO BE A
PARENT WHO PRODUCES GAMETES AND PROVIDES THEM TO ANOTHER PERSON, OTHER
THAN THE INDIVIDUAL'S SPOUSE, FOR USE IN ASSISTED REPRODUCTION. THE
TERM DOES NOT INCLUDE A PERSON WHO IS A PARENT UNDER PART THREE OF THIS
ARTICLE. GAMETE PROVIDER ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSI-
TIONAL CONTROL OF AN EMBRYO WHO THEN TRANSFERS DISPOSITIONAL CONTROL AND
RELINQUISHES ALL PRESENT AND FUTURE PARENTAL AND INHERITANCE RIGHTS AND
OBLIGATIONS TO A RESULTING CHILD.
(F) "THIRD-PARTY GAMETE PROVISION" MEANS THE PROVISION OF GAMETES BY
AN INDIVIDUAL WHO DOES NOT INTEND TO BE A PARENT WHO PRODUCES GAMETES
AND PROVIDES THEM TO ANOTHER PERSON OR ENTITY, OTHER THAN THE GAMETE
PROVIDER'S SPOUSE, FOR USE IN ASSISTED REPRODUCTION.
(G) "THIRD-PARTY EMBRYO PROVISION" MEANS THE TRANSFER OF DISPOSITIONAL
CONTROL OVER AN EMBRYO AND RELINQUISHMENT OF ALL PRESENT AND FUTURE
PARENTAL AND INHERITANCE RIGHTS AND OBLIGATIONS TO A RESULTING CHILD,
FROM A GAMETE PROVIDER OR ENTITY TO AN INTENDED PARENT OR PARENTS, OR
ENTITY.
(H) "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 PERSON UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
(I) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(J) "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 HUMAN GAMETE USED OR INTENDED FOR REPROD-
UCTION MAY NOT CONTAIN NUCLEAR OR MITOCHONDRIAL DNA THAT HAS BEEN DELIB-
ERATELY ALTERED, OR NUCLEAR DNA FROM ONE HUMAN COMBINED WITH THE MITO-
CHONDRIAL DNA OF ANOTHER HUMAN BEING.
(K) "SURROGACY AGREEMENT" IS AN AGREEMENT BETWEEN AT LEAST ONE
INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
LIVE BIRTH WHERE THE CHILD WILL BE THE LEGAL CHILD OF THE INTENDED
PARENT OR PARENTS. THE PERSON ACTING AS SURROGATE DOES NOT USE THEIR
OWN OVUM.
(L) "GENETIC SURROGACY AGREEMENT" IS AN AGREEMENT BETWEEN AT LEAST ONE
INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
LIVE BIRTH WHERE THE CHILD WILL BE THE LEGAL CHILD OF THE INTENDED
PARENT OR PARENTS. THE PERSON ACTING AS SURROGATE USES THEIR OWN OVUM.
(M) "GAMETE PROVISION AGREEMENT" IS AN AGREEMENT BETWEEN AN INTENDED
GAMETE PROVIDER AND AT LEAST ONE INTENDED PARENT, AN INTENDED GAMETE
PROVIDER AND A GAMETE BANK, OR AN INTENDED GAMETE PROVIDER AND A FERTIL-
ITY CLINIC INTENDED TO RESULT IN PROVISION OF EGGS OR SPERM TO BE USED
FOR THE PURPOSES OF ASSISTED REPRODUCTION OR RESEARCH.
(N) "PERSON ACTING AS SURROGATE" MEANS AN ADULT PERSON, NOT AN
INTENDED PARENT, WHO ENTERS INTO A SURROGACY, INCLUDING GENETIC SURROGA-
CY, AGREEMENT TO BEAR A CHILD WHO WILL BE THE LEGAL CHILD OF THE
INTENDED PARENT OR PARENTS, PROVIDED THE PERSON MEETS THE REQUIREMENTS
OF THIS ARTICLE.
(O) "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.
(P) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO BE
LEGALLY BOUND AS THE PARENT OF A CHILD CONCEIVED BY ASSISTED REPROD-
A. 9847 4
UCTION AND BORN THROUGH SURROGACY, INCLUDING GENETIC SURROGACY, PROVIDED
THEY MEET THE REQUIREMENTS OF THIS ARTICLE.
(Q) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
(R) "PARENT" MEANS AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW. "PARENT" ALSO INCLUDES THE
PERSON ACTING AS SURROGATE, WHO IS A PARENT AT BIRTH UNDER THIS ARTICLE.
(S) "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE THAT
IS USED IN ASSISTED REPRODUCTION, IS AN INTENDED PARENT, IS A PERSON
ACTING AS SURROGATE, OR IS THE SPOUSE OF AN INTENDED PARENT OR PERSON
ACTING AS SURROGATE.
(T) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(U) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(V) "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.
(W) "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.
(X) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES INTO THE
BODY OF A PERSON WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
PART 2
JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
581-202. ACKNOWLEDGEMENT OF INTERIM PARENTAL RESPONSIBILITY.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED BY ASSISTED REPRODUCTION.
581-204. PROCEEDING TO ESTABLISH PARENTAL RIGHTS OF A CHILD
CONCEIVED BY ASSISTED REPRODUCTION AND BORN PURSUANT
TO A SURROGACY AGREEMENT OR A GENETIC SURROGACY
AGREEMENT.
581-205. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-206. INSPECTION OF RECORDS.
581-207. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION.
§ 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) IN THE CASE OF SURROGACY, A JUDGMENT OF PARENTAGE MAY BE ISSUED NO
SOONER THAN EIGHT DAYS AFTER THE BIRTH OF THE CHILD, ONCE THE PERSON
ACTING AS SURROGATE HAS PROVIDED NOTARIZED CONSENT IN WRITING RELIN-
QUISHING THE PERSON'S ENTITLEMENT TO PARENTAGE OF THE CHILD, AND ASSERT-
ING THAT THEY ARE DOING SO KNOWINGLY AND VOLUNTARILY AND WITHOUT UNDUE
INDUCEMENT.
(C) A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
CONCEIVED BY ASSISTED REPRODUCTION MAY BE INITIATED BY (1) A CHILD, OR
(2) A PARENT, OR (3) A PARTICIPANT, OR (4) A PERSON WITH A CLAIM TO
PARENTAGE, OR (5) THE SUPPORT/ENFORCEMENT AGENCY OR OTHER GOVERNMENTAL
A. 9847 5
AGENCY AUTHORIZED BY OTHER LAW, OR (6) 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 ESTABLISH THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD
CONCEIVED BY ASSISTED REPRODUCTION AND BORN UNDER PART THREE OF THIS
ARTICLE OR A CHILD BORN THROUGH SURROGACY, INCLUDING GENETIC SURROGACY,
PURSUANT TO PART FOUR OF THIS ARTICLE OR ARTICLE EIGHT OF THE DOMESTIC
RELATIONS LAW.
§ 581-202. ACKNOWLEDGMENT OF INTERIM PARENTAL RESPONSIBILITY. (A) IN
THE CASE OF SURROGACY, NOT INCLUDING GENETIC SURROGACY, THE PETITION FOR
A JUDGMENT OF PARENTAGE MUST INCLUDE AN ACKNOWLEDGMENT OF INTERIM
PARENTAL RESPONSIBILITY WHICH SHALL BE ISSUED PRIOR TO THE BIRTH OF THE
CHILD BUT SHALL NOT BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(B) IN THE CASE OF GENETIC SURROGACY, THE PETITION FOR AN ADOPTION
PROCEEDING TO TRANSFER PARENTAL RIGHTS OF ANY CHILDREN BORN PURSUANT TO
THE GENETIC SURROGACY AGREEMENT UNDER ARTICLE EIGHT OF THE DOMESTIC
RELATIONS LAW MUST INCLUDE AN ACKNOWLEDGMENT OF INTERIM PARENTAL RESPON-
SIBILITY WHICH SHALL BE ISSUED PRIOR TO THE BIRTH OF THE CHILD BUT SHALL
NOT BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
BY ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF PARENTAGE
WITH RESPECT TO A CHILD CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-
PARTY GAMETES, IF APPLICABLE, BUT NOT BORN THROUGH SURROGACY, MAY BE
COMMENCED:
(1) IF THE INTENDED PARENT RESIDES IN NEW YORK STATE, IN THE COUNTY
WHERE THE INTENDED PARENT RESIDES ANY TIME AFTER PREGNANCY IS ACHIEVED
OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
(2) IF THE INTENDED PARENT 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 WAS BORN.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED.
(C) WHERE A PETITION INCLUDES THE FOLLOWING TRUTHFUL STATEMENTS, THE
COURT SHALL ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE
CHILD:
(1) IF AN INTENDED PARENT IS NOT A NEW YORK STATE RESIDENT, A STATE-
MENT THAT THE CHILD WILL BE OR WAS BORN IN THE STATE WITHIN NINETY DAYS
OF FILING;
(2) A STATEMENT FROM THE PREGNANT INTENDED PARENT THAT THEY BECAME
PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
(3) IN CASES WHERE THERE ARE TWO INTENDED PARENTS AND ONE BECOMES
PREGNANT BY ASSISTED REPRODUCTION, A STATEMENT FROM BOTH INTENDED
PARENTS THAT THEY CONSENTED TO ASSISTED REPRODUCTION PURSUANT TO SECTION
581-304 OF THIS ARTICLE; AND
(4) PROOF OF ANY GAMETE PROVIDER'S PARENTAL AND PROPRIETARY INTENT
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-II OF THE PUBLIC
HEALTH LAW.
(I) IN THE CASE OF A SPERM PROVIDER WHO PROVIDES SPERM AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-ONE TO A LICENSED INDIVIDUAL HEALTH CARE
PRACTITIONER, GAMETE BANK, FERTILITY CLINIC, OR OTHER HEALTH CARE FACIL-
ITY FOR USE IN ASSISTED REPRODUCTION BY AN INTENDED PARENT OTHER THAN
THE SPERM PROVIDER'S INTIMATE PARTNER OR SPOUSE, AND REGARDLESS OF
WHETHER THE SPERM PROVIDER HAS CHOSEN TO DISCLOSE THEIR IDENTITY TO ANY
CHILDREN CONCEIVED BY ASSISTED REPRODUCTION USING THEIR GAMETES, THE
SPERM PROVIDER IS TREATED IN LAW AS IF THEY WERE NOT THE NATURAL PARENT
OF ANY CHILD THEREBY CONCEIVED, UNLESS OTHERWISE AGREED TO IN A WRITTEN
A. 9847 6
AND NOTARIZED STATEMENT, SIGNED BY THE SPERM PROVIDER AND THE INTENDED
PARENT PRIOR TO CONCEPTION BY ASSISTED REPRODUCTION.
(II) IN THE CASE OF AN EGG PROVIDER WHO PROVIDES OVA AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-ONE FOR USE IN ASSISTED REPRODUCTION BY AN
INTENDED PARENT OTHER THAN THE EGG PROVIDER'S SPOUSE OR INTIMATE PART-
NER, AND REGARDLESS OF WHETHER THE EGG PROVIDER HAS CHOSEN TO DISCLOSE
THEIR IDENTITY TO ANY CHILDREN CONCEIVED BY ASSISTED REPRODUCTION USING
THEIR GAMETES, THE EGG PROVIDER IS TREATED IN LAW AS IF THE EGG PROVIDER
WERE NOT THE NATURAL PARENT OF ANY CHILD THEREBY CONCEIVED, UNLESS THE
COURT FINDS SATISFACTORY EVIDENCE THAT THE EGG PROVIDER AND THE INTENDED
PARENT INTENDED FOR THE EGG PROVIDER TO BE A PARENT.
(D) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A GAMETE PROVID-
ER'S PARENTAL AND PROPRIETARY INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF THIRD-PARTY GAMETES THAT WERE PROVIDED PRIOR TO
JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND WHERE THE GAMETE PROVIDER IS
ANONYMOUS, OR WHERE THIRD-PARTY GAMETES OR EMBRYOS HAVE PREVIOUSLY BEEN
RELINQUISHED TO A GAMETE OR EMBRYO STORAGE FACILITY OR IN THE PRESENCE
OF A HEALTH CARE PRACTITIONER, A STATEMENT FROM THE GAMETE OR EMBRYO
STORAGE FACILITY OR HEALTH CARE PRACTITIONER THAT THE GAMETE PROVIDER
DOES NOT RETAIN ANY PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR
EMBRYOS;
(2) IN THE CASE OF THIRD-PARTY GAMETES THAT WERE PROVIDED PRIOR TO
JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND WHERE THE GAMETE PROVIDER IS
KNOWN, EITHER:
(I) A RECORD FROM THE GAMETE OR EMBRYO PROVIDER ACKNOWLEDGING THE
THIRD-PARTY GAMETE PROVISION AND CONFIRMING THAT THE GAMETE PROVIDER HAS
NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS. THE
RECORD SHALL BE SIGNED BY THE INTENDED PARENT WHO PLANS TO BECOME PREG-
NANT BY ASSISTED REPRODUCTION USING THIRD-PARTY GAMETES AND THE GAMETE
OR EMBRYO PROVIDER. THE RECORD MAY BE, BUT IS NOT REQUIRED TO BE,
SIGNED:
(A) BEFORE A NOTARY PUBLIC, OR
(B) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
(C) BEFORE A HEALTH CARE PRACTITIONER; OR
(II) CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO PROVIDER
AGREED, PRIOR TO CONCEPTION, WITH THE INTENDED PARENT WHO INTENDS TO
BECOME PREGNANT BY ASSISTED REPRODUCTION WITH THIRD-PARTY GAMETES THAT
THE GAMETE PROVIDER HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS.
(3) IN THE ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH ONE OR TWO OF
THIS SUBDIVISION, NOTICE SHALL BE GIVEN TO THE GAMETE PROVIDER AT LEAST
TWENTY DAYS PRIOR TO THE PROCEEDING BY DELIVERY OF A COPY OF THE PETI-
TION AND NOTICE. UPON A SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE,
ON OR BEFORE THE DATE OF THE PROCEEDING OR WITHIN SUCH FURTHER TIME AS
THE COURT MAY ALLOW, THAT PERSONAL SERVICE CANNOT BE EFFECTED AT THE
GAMETE PROVIDER'S LAST KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY
BE GIVEN, WITHOUT PRIOR COURT ORDER THEREFOR, AT LEAST TWENTY DAYS PRIOR
TO THE PROCEEDING BY REGISTERED OR CERTIFIED MAIL DIRECTED TO THE GAMETE
PROVIDER'S LAST KNOWN ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE
REQUIRED TO BE GIVEN TO A GAMETE PROVIDER ENTITLED TO NOTICE PURSUANT TO
THE PROVISIONS OF THIS SECTION.
(E) IN CASES NOT COVERED BY SUBDIVISION (C) OF THIS SECTION, THE COURT
SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH PART THREE
OF THIS ARTICLE.
(F) WHERE THE REQUIREMENTS OF SUBDIVISION (C) OF THIS SECTION ARE MET
OR WHERE THE COURT FINDS THE INTENDED PARENT TO BE A PARENT UNDER SUBDI-
A. 9847 7
VISION (E) OF THIS SECTION, THE COURT SHALL ISSUE A JUDGMENT OF PARENT-
AGE:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
OR PARENTS IS/ARE THE LEGAL PARENT OR PARENTS OF THE CHILD;
(2) ORDERING THE INTENDED PARENT OR PARENTS TO ASSUME RESPONSIBILITY
FOR THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD;
(3) IF THERE IS A GAMETE PROVIDER, ORDERING THAT THE GAMETE PROVIDER
IS NOT A PARENT OF THE CHILD, PURSUANT TO SECTION TWENTY-FIVE HUNDRED
NINETY-NINE-II OF THE PUBLIC HEALTH LAW; AND
(4) 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 BEEN ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING
THE APPROPRIATE DEPARTMENT OF HEALTH TO ISSUE AN AMENDED BIRTH CERTIF-
ICATE IN AN EXPEDITED MANNER AND SEAL THE ORIGINAL BIRTH CERTIFICATE
EXCEPT THAT IT MAY BE RENDERED ACCESSIBLE TO THE CHILD AT EIGHTEEN YEARS
OF AGE, OR THE LEGAL PARENT OR PARENTS.
§ 581-204. PROCEEDING TO ESTABLISH PARENTAL RIGHTS OF A CHILD
CONCEIVED BY ASSISTED REPRODUCTION AND BORN PURSUANT TO A SURROGACY
AGREEMENT OR A GENETIC SURROGACY AGREEMENT. (A) IF THERE IS A SURROGACY
AGREEMENT, THE PROCEEDING MAY BE COMMENCED AT ANY TIME AFTER THE END OF
THE FIRST TRIMESTER OF PREGNANCY BY THE FILING OF A PETITION FOR AN
ACKNOWLEDGMENT OF INTERIM PARENTAL RESPONSIBILITY AND A JUDGMENT OF
PARENTAGE AS PROVIDED IN THIS SUBDIVISION. ANY PARTY TO THE SURROGACY
AGREEMENT NOT JOINING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE
PROCEEDING.
(1) THE PETITION FOR AN ACKNOWLEDGMENT OF INTERIM PARENTAL RESPONSI-
BILITY AND A JUDGMENT OF PARENTAGE SHALL BE VERIFIED AND SHALL INCLUDE
THE FOLLOWING:
(I) A STATEMENT THAT THE PERSON ACTING AS SURROGATE AND EACH INTENDED
PARENT IS A UNITED STATES CITIZEN OR PERMANENT LAWFUL RESIDENT AND WAS A
RESIDENT OF THE STATE OF NEW YORK FOR AT LEAST TWELVE MONTHS AT THE TIME
THE SURROGACY AGREEMENT WAS EXECUTED, EXCEPT THAT AN EXCEPTION SHALL BE
MADE IF THE PERSON ACTING AS SURROGATE IS A FAMILY MEMBER OF AN INTENDED
PARENT AND IS NOT BEING COMPENSATED TO ACT AS SURROGATE ABOVE AND BEYOND
BEING COMPENSATED OR REIMBURSED FOR MEDICAL AND PREGNANCY-RELATED
EXPENSES;
(II) A STATEMENT THAT, UPON THE BIRTH OF THE CHILD, THE PERSON ACTING
AS SURROGATE AND THE BIOLOGICALLY-RELATED INTENDED PARENT OR PARENTS, OR
OTHERWISE A NON-BIOLOGICALLY RELATED INTENDED PARENT, ASSUME PARENTAL
RESPONSIBILITY FOR THE CHILD AND WILL SHARE DECISION-MAKING RESPONSIBIL-
ITY FOR THE CHILD, EXCEPT THAT THE INTENDED PARENT OR PARENTS WILL
ASSUME FULL FINANCIAL RESPONSIBILITY UNTIL THE PERSON ACTING AS SURRO-
GATE UNDER THE TERMS OF A SURROGACY AGREEMENT PURSUANT TO THIS ARTICLE
HAS, AS APPLICABLE, SUBMITTED A NOTARIZED WRITTEN DECLARATION NO SOONER
THAN EIGHT DAYS FOLLOWING THE BIRTH OF THE CHILD STATING THAT THEY ARE,
AS APPLICABLE, VOLUNTARILY CONSENTING TO RENOUNCE, DISCLAIM AND SURREN-
DER THEIR PARENTAL RIGHTS, AND A JUDGMENT OF PARENTAGE IN FAVOR OF THE
INTENDED PARENT OR PARENTS, HAS BEEN ISSUED UNDER THE TERMS OF A SURRO-
GACY AGREEMENT;
(III) AN ACKNOWLEDGMENT OF INTERIM PARENTAL RESPONSIBILITY;
A. 9847 8
(IV) A STATEMENT THAT THE PERSON ACTING AS SURROGATE AND EACH INTENDED
PARENT IS A U.S. CITIZEN OR PERMANENT LAWFUL RESIDENT AND WAS A RESIDENT
OF THE STATE OF NEW YORK FOR AT LEAST TWELVE MONTHS AT THE TIME THE
SURROGACY AGREEMENT WAS EXECUTED, EXCEPT THAT AN EXEMPTION WILL BE
PROVIDED FOR THE PERSON ACTING AS SURROGATE IF THEY ARE A FAMILY MEMBER
OF AN INTENDED PARENT AND ARE NOT BEING COMPENSATED TO ACT AS SURROGATE
OTHER THAN BEING COMPENSATED OR REIMBURSED FOR MEDICAL, LEGAL, AND PREG-
NANCY-RELATED EXPENSES;
(V) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
OR PARENTS, THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE,
AND THE SURROGACY PROGRAM COORDINATING THE SURROGACY AGREEMENT THAT THE
REQUIREMENTS OF PART FOUR OF THIS ARTICLE, HAVE BEEN MET;
(VI) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT THEY
ENTERED INTO THE SURROGACY AGREEMENT KNOWINGLY AND VOLUNTARILY; AND
(VII) A STATEMENT FROM THE PERSON ACTING AS SURROGATE, NOTARIZED NO
SOONER THAN EIGHT DAYS FOLLOWING THE BIRTH OF ANY RESULTING CHILDREN,
THAT THEY DO NOT OBJECT TO THE LEGAL TERMINATION OF THEIR PARENTAL
RIGHTS AND THAT THEY CONSENT TO SUCH TERMINATION AND THE TRANSFER OF THE
CHILD, IF TRANSFER OF THE CHILD HAS NOT ALREADY OCCURRED, KNOWINGLY AND
VOLUNTARILY, WITHOUT BEING COERCED OR UNDULY INFLUENCED.
(2) WHERE A PETITION SATISFIES THE REQUIREMENTS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE COURT IN WHICH THE PETITION HAS BEEN FILED MAY
ISSUE A JUDGMENT OF PARENTAGE, PROVIDED THAT SUCH JUDGMENT SHALL ISSUE
NO SOONER THAN EIGHT DAYS AFTER THE BIRTH OF THE CHILD. THE JUDGMENT OF
PARENTAGE SHALL:
(I) DECLARE THAT UPON THE ISSUANCE OF THE JUDGMENT OF PARENTAGE, THE
INTENDED PARENT IS OR PARENTS ARE THE LEGAL PARENT OR PARENTS OF THE
CHILD IF THE JUDGMENT OF PARENTAGE SO PROVIDES;
(II) DECLARE THAT UPON THE ISSUANCE OF THE JUDGMENT OF PARENTAGE, THE
PERSON ACTING AS SURROGATE IS NOT THE LEGAL PARENT OF THE CHILD IF THE
JUDGMENT OF PARENTAGE SO PROVIDES;
(III) ORDER THE PERSON ACTING AS SURROGATE TO TRANSFER THE CHILD TO
THE INTENDED PARENT OR PARENTS IF THE JUDGMENT OF PARENTAGE SO PROVIDES
AND THIS HAS NOT ALREADY OCCURRED;
(IV) ORDER THE INTENDED PARENT OR PARENTS TO CONTINUE ASSUMING RESPON-
SIBILITY FOR THE MAINTENANCE AND SUPPORT OF THE CHILD AS PROVIDED BY THE
ACKNOWLEDGMENT OF PARENTAL RESPONSIBILITY; AND
(V) (A) ORDER THAT UPON THE ISSUANCE OF THE JUDGMENT OF PARENTAGE, A
COPY OF THE JUDGMENT OF PARENTAGE BE SERVED ON: (1) THE DEPARTMENT OF
HEALTH OR THE NEW YORK CITY DEPARTMENT OF MENTAL HEALTH AND HYGIENE; OR
(2) THE 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.
(B) IF AN ORIGINAL BIRTH CERTIFICATE HAS ALREADY BEEN ISSUED, THE
COURT SHALL ISSUE AN ORDER DIRECTING THE APPROPRIATE DEPARTMENT OF
HEALTH TO ISSUE AN AMENDED BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND
SEAL THE ORIGINAL BIRTH CERTIFICATE EXCEPT THAT IT MAY BE RENDERED
ACCESSIBLE TO THE CHILD AT EIGHTEEN YEARS OF AGE, OR TO THE LEGAL PARENT
OR PARENTS.
(3) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH TWO OF THIS SUBDIVI-
SION, THE COURT MAY REFUSE TO ISSUE A JUDGMENT OF PARENTAGE IF IT DETER-
MINES THAT:
(A) THE PERSON ACTING AS SURROGATE NO LONGER CONSENTS TO THE TERMI-
NATION OF HER PARENTAL RIGHTS;
(B) THE SURROGATE'S FAILURE TO OBJECT TO SUCH TERMINATION WAS UNDULY
INFLUENCED BY FINANCIAL OR OTHER DURESS; OR
A. 9847 9
(C) THE JUDGMENT OF PARENTAGE IS NOT IN THE BEST INTERESTS OF THE
CHILD.
(4) IN THE EVENT THE CERTIFICATION REQUIRED BY SUBPARAGRAPH (V) OF
PARAGRAPH TWO OF THIS SUBDIVISION CANNOT BE MADE BECAUSE OF A TECHNICAL
OR NON-MATERIAL DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE
COURT MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF
PARENTAGE IF THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL
COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE.
(B) IF THERE IS A GENETIC SURROGACY AGREEMENT, THE PROCEEDING MAY BE
COMMENCED AT ANY TIME AFTER THE END OF THE THIRD TRIMESTER OF PREGNANCY
BY THE FILING OF A PETITION FOR AN ACKNOWLEDGMENT OF INTERIM PARENTAL
RESPONSIBILITY AND A JUDGMENT OF PARENTAGE AS PROVIDED IN THIS SUBDIVI-
SION. ANY PARTY TO THE GENETIC SURROGACY AGREEMENT NOT JOINING IN THE
PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING.
(1) THE PETITION FOR AN ACKNOWLEDGMENT OF INTERIM PARENTAL RESPONSI-
BILITY AND A JUDGMENT OF PARENTAGE SHALL BE VERIFIED AND SHALL INCLUDE
THE FOLLOWING:
(I) A STATEMENT THAT THE PERSON ACTING AS SURROGATE AND EACH INTENDED
PARENT IS A CITIZEN OF THE UNITED STATES OR PERMANENT LAWFUL RESIDENT
AND WAS A RESIDENT OF THE STATE OF NEW YORK FOR AT LEAST TWELVE MONTHS
AT THE TIME THE GENETIC SURROGACY AGREEMENT WAS EXECUTED, EXCEPT THAT AN
EXEMPTION WILL BE PROVIDED FOR THE PERSON ACTING AS SURROGATE IF THEY
ARE A FAMILY MEMBER OF AN INTENDED PARENT AND ARE NOT BEING COMPENSATED
TO ACT AS SURROGATE OTHER THAN BEING COMPENSATED OR REIMBURSED FOR
MEDICAL, LEGAL, AND PREGNANCY-RELATED EXPENSES;
(II) A STATEMENT THAT, UPON THE BIRTH OF THE CHILD, THE PERSON ACTING
AS SURROGATE AND THE BIOLOGICALLY-RELATED INTENDED PARENT OR PARENTS, OR
OTHERWISE A NON-BIOLOGICALLY RELATED INTENDED PARENT, ASSUME PARENTAL
RESPONSIBILITY FOR THE CHILD AND WILL SHARE DECISION-MAKING RESPONSIBIL-
ITY FOR THE CHILD, EXCEPT THAT THE INTENDED PARENT OR PARENTS WILL
ASSUME FULL FINANCIAL RESPONSIBILITY UNTIL THE PERSON ACTING AS SURRO-
GATE UNDER THE TERMS OF A GENETIC SURROGACY AGREEMENT PURSUANT TO ARTI-
CLE EIGHT OF THE DOMESTIC RELATIONS LAW, HAS SUBMITTED TO THE COURT A
NOTARIZED WRITTEN DECLARATION STATING THAT THEY ARE VOLUNTARILY CONSENT-
ING TO RENOUNCE, DISCLAIM, AND SURRENDER THEIR PARENTAL RIGHTS UNDER THE
TERMS OF A GENETIC SURROGACY AGREEMENT, AND CONSENTING TO THE ADOPTION
OF ANY CHILDREN BORN PURSUANT TO THE GENETIC SURROGACY AGREEMENT. SUCH
NOTARIZED WRITTEN DECLARATION SHALL BE SUBMITTED NO SOONER THAN EIGHT
DAYS FOLLOWING THE BIRTH OF THE CHILD;
(III) AN ACKNOWLEDGMENT OF INTERIM PARENTAL RESPONSIBILITY;
(IV) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED
PARENT OR PARENTS, THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURRO-
GATE, AND THE SURROGACY PROGRAM COORDINATING THE GENETIC SURROGACY
AGREEMENT THAT THE REQUIREMENTS OF SECTION ONE HUNDRED TWENTY-TWO OF THE
DOMESTIC RELATIONS LAW, HAVE BEEN MET;
(V) A STATEMENT FROM ALL PARTIES TO THE GENETIC SURROGACY AGREEMENT
THAT THEY ENTERED INTO THE GENETIC SURROGACY AGREEMENT KNOWINGLY AND
VOLUNTARILY; AND
(VI) A STATEMENT FROM THE PERSON ACTING AS SURROGATE, NOTARIZED NO
SOONER THAN EIGHT DAYS FOLLOWING THE BIRTH OF ANY RESULTING CHILDREN,
THAT THEY DO NOT OBJECT TO THE LEGAL TERMINATION OF THEIR PARENTAL
RIGHTS AND THAT THEY CONSENT TO SUCH TERMINATION AND THE TRANSFER OF THE
CHILD, IF TRANSFER OF THE CHILD HAS NOT ALREADY OCCURRED, KNOWINGLY AND
VOLUNTARILY, WITHOUT BEING COERCED OR UNDULY INFLUENCED.
(2) WHERE A PETITION SATISFIES THE REQUIREMENTS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE COURT IN WHICH THE PETITION HAS BEEN FILED MAY
A. 9847 10
ISSUE A JUDGMENT OF PARENTAGE, PROVIDED THAT SUCH JUDGMENT SHALL ISSUE
NO SOONER THAN EIGHT DAYS AFTER THE BIRTH OF THE CHILD. THE JUDGMENT OF
PARENTAGE SHALL:
(I) DECLARE THAT UPON THE ISSUANCE OF THE JUDGMENT OF PARENTAGE, THE
INTENDED PARENT IS OR PARENTS ARE THE LEGAL PARENT OR PARENTS OF THE
CHILD IF THE JUDGMENT OF PARENTAGE SO PROVIDES;
(II) DECLARE THAT UPON THE ISSUANCE OF THE JUDGMENT OF PARENTAGE, THE
PERSON ACTING AS A THIRD-PARTY GAMETE PROVIDER IS NOT THE LEGAL PARENT
OF THE CHILD IF THE JUDGMENT OF PARENTAGE SO PROVIDES;
(III) ORDER THE INTENDED PARENT OR PARENTS TO CONTINUE ASSUMING
RESPONSIBILITY FOR THE MAINTENANCE AND SUPPORT OF THE CHILD AS PROVIDED
BY THE ACKNOWLEDGMENT OF PARENTAL RESPONSIBILITY; AND
(V) (A) ORDER THAT UPON THE ISSUANCE OF THE JUDGMENT OF PARENTAGE, A
COPY OF THE JUDGMENT OF PARENTAGE BE SERVED ON: (1) THE DEPARTMENT OF
HEALTH OR THE NEW YORK CITY DEPARTMENT OF MENTAL HEALTH AND HYGIENE; OR
(2) THE 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.
(3) IN THE EVENT THE CERTIFICATION REQUIRED BY SUBPARAGRAPH (IV) OF
PARAGRAPH TWO OF THIS SUBDIVISION CANNOT BE MADE BECAUSE OF A TECHNICAL
OR NON-MATERIAL DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE
COURT MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF
PARENTAGE IF THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL
COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE.
§ 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.
§ 581-206. INSPECTION OF RECORDS. COURT RECORDS RELATING TO
PROCEEDINGS UNDER THIS ARTICLE SHALL BE SEALED. THE PARTIES TO THE
PROCEEDING AND THE CHILD SHALL HAVE THE RIGHT TO INSPECT THE ENTIRE
COURT RECORD, INCLUDING, BUT NOT LIMITED TO, THE NAME OF THE PERSON
ACTING AS SURROGATE AND ANY KNOWN GAMETE PROVIDERS.
§ 581-207. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION. (A)
PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME OR
FAMILY COURT.
(B) SUBJECT TO THE JURISDICTIONAL 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 RELATING
TO THE DETERMINATION OF PARENTAGE UNTIL THE CHILD ATTAINS THE AGE OF ONE
HUNDRED EIGHTY DAYS.
PART 3
CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
581-302. STATUS OF GAMETE PROVIDER.
581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
581-304. CONSENT TO ASSISTED REPRODUCTION.
581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION.
581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSI-
TIONAL CONTROL TO ONE INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
A. 9847 11
§ 581-301. SCOPE OF ARTICLE. THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
§ 581-302. STATUS OF GAMETE PROVIDER. A GAMETE PROVIDER IS NOT A
PARENT OF A CHILD CONCEIVED BY MEANS OF ASSISTED REPRODUCTION WITH THEIR
GAMETES OR EMBRYOS, PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-
II OF THE PUBLIC HEALTH LAW.
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO IS NOT A GAMETE PROVIDER BUT WHO USES THEIR OWN GAMETES FOR,
OR WHO CONSENTS TO, ASSISTED REPRODUCTION WITH THE INTENT TO BE A PARENT
OF THE CHILD WITH THE CONSENT OF THE PREGNANT INTENDED PARENT AS
PROVIDED IN SECTION 581-304 OF THIS PART, IS A PARENT OF THE RESULTING
CHILD FOR ALL LEGAL PURPOSES.
(B) THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE PURSUANT TO THIS
ARTICLE UPON APPLICATION BY ANY PARTICIPANT.
§ 581-304. CONSENT TO ASSISTED REPRODUCTION. (A) WHERE THE INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
SPOUSE, THE CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION IS
PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE OF THE CHILD,
EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
(B) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
ASSISTED REPRODUCTION IS NOT A SPOUSE, THE CONSENT TO THE ASSISTED
REPRODUCTION MUST BE IN A RECORD IN SUCH A MANNER AS TO INDICATE THE
MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A CHILD
TOGETHER.
(C) THE ABSENCE OF A RECORD DESCRIBED 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
ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
THE CHILD TOGETHER.
§ 581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION. (A) EXCEPT AS OTHERWISE 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 SPOUSE WHO IS NOT PREGNANT TO BE A PARENT
OF THE CHILD.
(B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT ANY
TIME IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT:
(1) THE SPOUSE DID NOT CONSENT TO ASSISTED REPRODUCTION BY THE INDI-
VIDUAL 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 THEIR OWN.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL CONTROL TO ONE
INTENDED PARENT. (A) AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WITH JOINT DISPOSITIONAL CONTROL OF AN EMBRYO SHALL BE BINDING
UNDER THE FOLLOWING CIRCUMSTANCES:
(1) IT IS IN WRITING;
(2) EACH INTENDED PARENT HAD THE ADVICE OF INDEPENDENT LEGAL COUNSEL
PRIOR TO ITS EXECUTION; AND
A. 9847 12
(3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF LEGAL RIGHTS
AND DISPOSITIONAL CONTROL OCCURS ONLY UPON DIVORCE.
(B) THE INTENDED PARENT WHO TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL
CONTROL OF THE EMBRYO IS NOT A PARENT OF ANY CHILD CONCEIVED FROM THE
EMBRYO UNLESS THE AGREEMENT STATES THAT THEY CONSENT TO BE A PARENT.
(C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL CONSENTS TO BE A PARENT, THEY MAY WITHDRAW THEIR CONSENT TO BE A
PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILITY AND TO THE
OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF THEY TIMELY
WITHDRAW CONSENT TO BE A PARENT THEY ARE NOT A PARENT FOR ANY PURPOSE
INCLUDING SUPPORT OBLIGATIONS BUT THE EMBRYO TRANSFER MAY STILL PROCEED.
(D) AN EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT IS NOT
IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
BE ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS OF
THE PARTIES EXCEPT THAT THE INTENDED PARENT WHO DIVESTED THEMSELF OF
LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT THEIR CONSENT. THE PARENT AWARDED LEGAL
RIGHTS AND DISPOSITIONAL CONTROL OF THE EMBRYOS SHALL, IN THIS INSTANCE,
BE DECLARED TO BE THE ONLY PARENT OF THE CHILD.
§ 581-307. EFFECT OF DEATH OF INTENDED PARENT. IF AN INDIVIDUAL WHO
CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION 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 WERE TO OCCUR
AFTER DEATH, THE DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES, POWERS AND TRUSTS
LAW.
PART 4
SURROGACY AGREEMENT
SECTION 581-401. SURROGACY AGREEMENT AUTHORIZED.
581-402. ELIGIBILITY TO ENTER A SURROGACY AGREEMENT.
581-403. REQUIREMENTS OF A SURROGACY AGREEMENT.
581-404. SURROGACY AGREEMENT; EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-405. TERMINATION OF A SURROGACY AGREEMENT.
581-406. PARENTAGE UNDER A COMPLIANT SURROGACY AGREEMENT.
581-407. INSUFFICIENT SURROGACY AGREEMENT.
581-408. ABSENCE OF A SURROGACY AGREEMENT.
581-409. DISPUTE AS TO A SURROGACY AGREEMENT.
§ 581-401. SURROGACY AGREEMENT AUTHORIZED. (A) IF ELIGIBLE UNDER THIS
ARTICLE TO ENTER INTO A SURROGACY AGREEMENT, A PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, AND
THE INTENDED PARENT OR PARENTS MAY ENTER INTO A SURROGACY AGREEMENT
WHICH WILL BE ENFORCEABLE PROVIDED THE SURROGACY AGREEMENT MEETS THE
REQUIREMENTS OF THIS ARTICLE, AND PROVIDED FURTHER, THAT ENFORCEMENT OF
A SURROGACY AGREEMENT AGAINST A PERSON ACTING AS SURROGATE WHO OBJECTS
TO THE TERMINATION OF HER PARENTAL RIGHTS PRIOR TO OR DURING PROCEEDINGS
RELATED TO THE ISSUANCE OF A JUDGMENT OF PARENTAGE IS CONTRARY TO THE
PUBLIC POLICY OF THIS STATE AND THE SURROGACY AGREEMENT IS VOID AND
UNENFORCEABLE.
(B) A SURROGACY AGREEMENT SHALL NOT APPLY TO THE BIRTH OF A CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
(C) A SURROGACY AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART SEVEN OF THIS ARTICLE.
A. 9847 13
§ 581-402. ELIGIBILITY TO ENTER A SURROGACY AGREEMENT. (A) A PERSON
ACTING AS SURROGATE SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
SURROGACY AGREEMENT UNDER THIS ARTICLE IF THE PERSON ACTING AS SURROGATE
HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
IS EXECUTED:
(1) THE PERSON ACTING AS SURROGATE IS AT LEAST TWENTY-ONE YEARS OF
AGE;
(2) THE PERSON ACTING AS SURROGATE IS A UNITED STATES CITIZEN OR A
PERMANENT LAWFUL RESIDENT AND WAS A RESIDENT OF NEW YORK STATE FOR AT
LEAST TWELVE MONTHS AT THE TIME THE PERSON EXECUTES A SURROGACY AGREE-
MENT, EXCEPT THAT AN EXEMPTION SHALL BE PROVIDED IF THE PERSON ACTING AS
SURROGATE IS A FAMILY MEMBER OF AN INTENDED PARENT AND IS NOT BEING
COMPENSATED TO ACT AS SURROGATE;
(3) THE PERSON ACTING AS SURROGATE HAS NOT USED THEIR OWN OVUM TO
CONCEIVE THE RESULTING CHILD;
(4) THE PERSON ACTING AS SURROGATE HAS COMPLETED MEDICAL AND PSYCHO-
LOGICAL EVALUATIONS WITH HEALTH CARE PRACTITIONERS RELATING TO THE
ANTICIPATED SURROGATE PREGNANCY AND HAS RECEIVED WRITTEN MEDICAL CLEAR-
ANCE TO BECOME PREGNANT;
(5) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHICH SHALL BE PAID
FOR BY THE INTENDED PARENT OR PARENTS PROVIDED THAT SUCH COUNSEL MUST
SPECIFICALLY DECLARE THAT THEY HAVE NO CONFLICTS RELATING TO EITHER THE
INTENDED PARENT OR PARENTS OR ANY INTERMEDIARIES IN THE SURROGACY
ARRANGEMENT. A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPEN-
SATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS PAY
THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED PARENT OR PARENTS ARE
PAYING FOR THE INDEPENDENT LEGAL COUNSEL OF THE PERSON ACTING AS SURRO-
GATE, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, A
SEPARATE RETAINER AGREEMENT SHALL BE PREPARED CLEARLY STATING THAT SUCH
LEGAL COUNSEL WILL ONLY REPRESENT THE PERSON ACTING AS SURROGATE AND THE
SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, IN ALL MATTERS
PERTAINING TO THE SURROGACY AGREEMENT, THAT SUCH LEGAL COUNSEL WILL NOT
OFFER LEGAL ADVICE TO ANY OTHER PARTIES TO THE SURROGACY AGREEMENT, AND
THAT THE ATTORNEY-CLIENT RELATIONSHIP LIES WITH THE PERSON ACTING AS
SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICA-
BLE;
(6) THE PERSON ACTING AS SURROGATE MUST HAVE PREVIOUSLY DELIVERED AT
LEAST ONE HEALTHY LIVE BIRTH FROM AN UNCOMPLICATED PREGNANCY NOT PURSU-
ANT TO A SURROGACY, INCLUDING A GENETIC SURROGACY AGREEMENT;
(7) THE PERSON ACTING AS SURROGATE MUST NOT HAVE DELIVERED MORE THAN
THREE PRIOR CHILDREN, WHETHER OR NOT ACTING AS A SURROGATE;
(8) THE PERSON ACTING AS SURROGATE MUST BE FREE OF ANY MEDICAL OR
PSYCHOLOGICAL PREEXISTING CONDITIONS THAT WOULD QUALIFY THEM AS BEING
HIGH-RISK TO BECOME PREGNANT;
(9) THE PERSON ACTING AS SURROGATE MUST NOT BE OVER AGE THIRTY-FIVE AT
THE TIME OF CONCEPTION; AND
(10) THE PERSON ACTING AS SURROGATE MUST NOT HAVE ACTED AS SURROGATE
MORE THAN THREE TIMES PRIOR TO EXECUTING THE SURROGACY AGREEMENT.
(B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
ENFORCEABLE SURROGACY AGREEMENT UNDER THIS ARTICLE IF THEY HAVE MET THE
FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED:
A. 9847 14
(1) EACH INTENDED PARENT IS A UNITED STATES CITIZEN OR A PERMANENT
LAWFUL RESIDENT AND WAS A RESIDENT OF NEW YORK STATE FOR AT LEAST TWELVE
MONTHS AT THE TIME THEY EXECUTE A SURROGACY CONTRACT;
(2) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING;
(3) THEY ARE AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP, OR
ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT THEIR SPOUSE IF:
(I) THEY ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT 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) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT;
(4) WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY TO
THE AGREEMENT, THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL NOT HAVE
RIGHTS OR OBLIGATIONS TO THE CHILD;
(5) AT LEAST ONE INTENDED PARENT MUST HAVE USED THEIR GAMETES TO
CREATE THE EMBRYO THAT WILL BE TRANSFERRED TO THE PERSON ACTING AS
SURROGATE, UNLESS THE INTENDED PARENT OR PARENTS ARE UNABLE TO USE THEIR
GAMETES FOR MEDICAL REASONS;
(6) THE INTENDED PARENT OR PARENTS MUST HAVE HAD MEDICAL AND PSYCHO-
LOGICAL EVALUATIONS; AND
(7) THE INTENDED PARENT OR PARENTS MUST HAVE HAD BACKGROUND CHECKS AND
A HOME STUDY COMPLETED.
§ 581-403. REQUIREMENTS OF A SURROGACY AGREEMENT. (A) A SURROGACY
AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS
ARTICLE AND BE ENFORCEABLE EXCEPT AS PROVIDED IN SECTION 581-401 OF THIS
PART IF IT MEETS THE FOLLOWING REQUIREMENTS:
(1) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
(I) EACH INTENDED PARENT, AND
(II) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
(A) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT 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
(B) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO EXECUTION OF THE SURROGACY AGREEMENT.
(2) IT SHALL INCLUDE THE FOLLOWING INFORMATION:
(I) THE DATE, CITY, AND STATE WHERE THE SURROGACY AGREEMENT WAS
EXECUTED;
(II) THE FIRST AND LAST NAMES OF AND CONTACT INFORMATION FOR THE
INTENDED PARENT OR PARENTS AND OF THE PERSON ACTING AS SURROGATE;
(III) THE FIRST AND LAST NAMES OF AND CONTACT INFORMATION FOR THE
PERSONS FROM WHICH THE GAMETES ORIGINATED. IF THIRD-PARTY GAMETE
PROVISION WAS USED, THE FIRST AND LAST NAME OF AND CONTACT INFORMATION
FOR EACH GAMETE PROVIDER, IF KNOWN, OR THE GAMETE PROVIDER IDENTIFICA-
TION NUMBER, IF ANONYMOUS. THE AGREEMENT SHALL SPECIFY WHETHER THE
THIRD-PARTY GAMETES PROVIDED WERE EGGS, SPERM, OR EMBRYOS;
(IV) THE NAME OF AND CONTACT INFORMATION FOR THE LICENSED AND REGIS-
TERED SURROGACY PROGRAM HANDLING THE SURROGACY AGREEMENT; AND
A. 9847 15
(V) THE NAME OF AND CONTACT INFORMATION FOR THE ATTORNEY REPRESENTING
THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON ACTING AS
SURROGATE, IF APPLICABLE, AND THE ATTORNEY REPRESENTING THE INTENDED
PARENT OR PARENTS.
(3) IT SHALL BE EXECUTED AFTER THE FOLLOWING HAVE BEEN COMPLETED, BUT
PRIOR TO THE PERSON ACTING AS SURROGATE TAKING ANY MEDICATION OR THE
COMMENCEMENT OF MEDICAL PROCEDURES IN FURTHERANCE OF EMBRYO TRANSFER:
THE MEDICAL AND PSYCHOLOGICAL SCREENINGS OF THE PERSON ACTING AS SURRO-
GATE, THE MEDICAL AND PSYCHOLOGICAL SCREENINGS, BACKGROUND CHECKS, AND
HOME STUDY OF THE INTENDED PARENT OR PARENTS, THE INFORMED CONSENT PROC-
ESS FOR THE PERSON ACTING AS SURROGATE, THE INTENDED PARENT OR PARENTS,
AND ANY GAMETE PROVIDERS, AND THE LEGAL COUNSELING OF ALL PARTIES.
(4) IT SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE MEETING THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-402 OF THIS
PART AND BY THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE,
UNLESS THE SIGNATURE OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE IS
NOT REQUIRED AS SET FORTH IN THIS SECTION.
(5) IT SHALL BE EXECUTED BY AN INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402 OF THIS
PART.
(6) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE, IF APPLICABLE, AND THE INTENDED PARENT OR PARENTS SHALL
HAVE BEEN REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE DURA-
TION OF THE CONTRACT AND ITS EXECUTION BY SEPARATE, INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING.
(7) THE PERSON ACTING AS SURROGATE HAS OR THE SURROGACY AGREEMENT
STIPULATES THAT THE PERSON ACTING AS SURROGATE WILL OBTAIN A HEALTH
INSURANCE POLICY THAT TAKES EFFECT PRIOR TO TAKING ANY MEDICATION OR
COMMENCING TREATMENT TO FURTHER EMBRYO TRANSFER THAT COVERS PRECON-
CEPTION CARE, PRE-NATAL CARE, MAJOR MEDICAL TREATMENTS, HOSPITALIZATION,
AND BEHAVIORAL HEALTH CARE, AND THE HEALTH INSURANCE POLICY HAS A TERM
THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR
TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE
RESULTING IN TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY;
THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH REIMBURSEMENT
OR OTHER MEANS, BY THE INTENDED PARENT OR PARENTS ON BEHALF OF THE
PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY AGREEMENT, EXCEPT
THAT A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPENSATION MAY
WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS PAY FOR THE
HEALTH INSURANCE POLICY. THE INTENDED PARENT OR PARENTS SHALL ALSO PAY
FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL CO-PAYMENTS,
DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH
PRECONCEPTION, PREGNANCY, CHILD BIRTH, OR POST-NATAL CARE, THAT ACCRUE
THROUGH TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A
MISCARRIAGE, OR TERMINATION OF THE PREGNANCY. A PERSON ACTING AS SURRO-
GATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE
INTENDED PARENT OR PARENTS MAKE SUCH PAYMENTS OR REIMBURSEMENTS.
(8) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE PERSON ACTING AS
SURROGATE WILL OBTAIN A SHORT- AND LONG-TERM DISABILITY INSURANCE POLICY
THAT TAKES EFFECT PRIOR TO TAKING ANY MEDICATION OR COMMENCING MEDICAL
PROCEDURES TO FURTHER EMBRYO TRANSFER THAT COVERS DISABILITY RELATED TO
THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN TERMI-
NATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY, AND THE DISABILITY
INSURANCE POLICY HAS A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE
EXPECTED PREGNANCY AND FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A
STILLBIRTH, A MISCARRIAGE RESULTING IN TERMINATION OF PREGNANCY, OR
A. 9847 16
TERMINATION OF THE PREGNANCY; THE POLICY SHALL BE PAID FOR, WHETHER
DIRECTLY OR THROUGH REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT
OR PARENTS ON BEHALF OF THE PERSON ACTING AS SURROGATE PURSUANT TO THE
SURROGACY AGREEMENT, EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS
RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
PARENT OR PARENTS PAY FOR THE DISABILITY INSURANCE POLICY.
(9) THE SURROGACY AGREEMENT MUST PROVIDE THAT THE INTENDED PARENT OR
PARENTS SHALL PROCURE AND PAY FOR A LIFE INSURANCE POLICY FOR THE PERSON
ACTING AS SURROGATE THAT TAKES EFFECT PRIOR TO TAKING ANY MEDICATION OR
THE COMMENCEMENT OF MEDICAL PROCEDURES TO FURTHER EMBRYO TRANSFER,
PROVIDES A MINIMUM BENEFIT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS, AND
HAS A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNAN-
CY AND FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A
MISCARRIAGE RESULTING IN TERMINATION OF PREGNANCY, OR TERMINATION OF THE
PREGNANCY, WITH A BENEFICIARY OR BENEFICIARIES OF THEIR CHOOSING. THE
POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH REIMBURSEMENT OR
OTHER MEANS, BY THE INTENDED PARENT OR PARENTS ON BEHALF OF THE PERSON
ACTING AS SURROGATE PURSUANT TO THE SURROGACY AGREEMENT, EXCEPT THAT A
PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE
THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS PAY FOR THE LIFE INSUR-
ANCE POLICY.
(10) THE SURROGACY AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW
THE INTENDED PARENT OR PARENTS WILL COVER THE MEDICAL EXPENSES OF THE
PERSON ACTING AS SURROGATE AND ANY CHILD BORN PURSUANT TO THE SURROGACY
AGREEMENT. THE DISCLOSURE SHALL INCLUDE A REVIEW OF THE HEALTH CARE
POLICY PROVISIONS RELATED TO COVERAGE FOR THE PERSON ACTING AS SURRO-
GATE'S PREGNANCY, INCLUDING ANY POSSIBLE LIABILITY OF THE PERSON ACTING
AS SURROGATE'S THIRD-PARTY LIABILITY LIENS OR OTHER INSURANCE COVERAGE,
AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVERAGE OR LIABILITY OF
THE PERSON ACTING AS SURROGATE.
(11) IF THE SURROGACY AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE PERSON ACTING AS SURROGATE, THOSE FUNDS SHALL HAVE BEEN
PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE PERSON
ACTING AS SURROGATE TAKING ANY MEDICATION OR THE COMMENCEMENT OF MEDICAL
PROCEDURES TO FURTHER EMBRYO TRANSFER OTHER THAN MEDICAL AND PSYCHOLOG-
ICAL EVALUATIONS NECESSARY TO DETERMINE THE PERSON ACTING AS SURROGATE'S
ELIGIBILITY. FUNDS TO COVER THE PERSON ACTING AS SURROGATE'S MEDICAL
EXPENSES, INCLUDING OUT-OF-POCKET MEDICAL EXPENSES, SHALL ALSO HAVE BEEN
PLACED IN ESCROW.
(12) THE SURROGACY AGREEMENT AND ALL REQUIRED DOCUMENTATION SHALL BE
CERTIFIED TO HAVE BEEN COMPLETED AND IN ORDER BY THE SURROGACY PROGRAM
HANDLING THE SURROGACY AGREEMENT.
(B) THE SURROGACY AGREEMENT MUST COMPLY WITH THE FOLLOWING TERMS:
(1) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE:
(I) THE PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD SUBJECT TO THEIR RIGHT
TO TERMINATE THE PREGNANCY;
(II) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, AGREE THAT ALL RESULTING CHILDREN
WILL GO HOME WITH THE INTENDED PARENT OR PARENTS FROM THE HOSPITAL ONCE
MEDICAL CLEARANCE IS PROVIDED UNLESS THE PERSON ACTING AS SURROGATE
DECIDES OTHERWISE;
(III) THE PERSON ACTING AS SURROGATE AGREES TO FILE WITH THE COURT A
NOTARIZED WRITTEN DECLARATION NO SOONER THAN EIGHT DAYS FOLLOWING THE
BIRTH OF ANY RESULTING CHILDREN STATING THEY ARE VOLUNTARILY CONSENTING
A. 9847 17
TO DISCLAIM AND RENOUNCE THEIR PARENTAL RIGHTS UNDER THE TERMS OF THE
SURROGACY AGREEMENT;
(IV) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURRO-
GATE TO EXERCISE SOLE DISCRETION OVER DECISIONS REGARDING THEIR BEHAV-
IOR, OTHER THAN BEHAVIORS THAT WOULD HARM THEIR HEALTH, AND TO MAKE ALL
HEALTH AND WELFARE DECISIONS REGARDING THEMSELVES, THEIR PREGNANCY, AND
CHILD BIRTH, INCLUDING BUT NOT LIMITED TO, WHETHER TO CONSENT TO A MEDI-
CALLY-INDICATED OR NON-MEDICALLY INDICATED CESAREAN SECTION, WHETHER TO
TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE
NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING AND NOTWITHSTANDING ANY
OTHER PROVISIONS IN THIS CHAPTER, PROVISIONS IN THE AGREEMENT TO THE
CONTRARY ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH THE
RIGHT OF THE PERSON ACTING AS SURROGATE TO TERMINATE A PREGNANCY. THIS
ARTICLE DOES NOT DIMINISH THE RESPONSIBILITY OF HEALTH CARE PROVIDERS TO
ENSURE ADHERENCE TO STANDARDS OF MEDICAL PRACTICE;
(V) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURROGATE
TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER INCLUDING A MENTAL
HEALTH CARE PROFESSIONAL OF SUCH PERSON'S CHOOSING; AND
(VI) THE PERSON ACTING AS SURROGATE HAS THE RIGHT TO OBTAIN PSYCHOLOG-
ICAL COUNSELING BY A COUNSELOR OF THEIR CHOICE TO ADDRESS ISSUES RESULT-
ING FROM THE PERSON'S PARTICIPATION IN THE SURROGACY AGREEMENT. THE COST
OF THAT COUNSELING SHALL BE PAID BY THE INTENDED PARENT OR PARENTS.
(2) AS TO THE INTENDED PARENT OR PARENTS:
(I) THE INTENDED PARENT OR PARENTS AGREE TO ACCEPT INTERIM PARENTAL
RESPONSIBILITY FOR ANY RESULTING CHILDREN IMMEDIATELY UPON BIRTH,
REGARDLESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL CONDITION;
(II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH;
(III) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS AND OBLI-
GATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY AGREEMENT
ARE NOT ASSIGNABLE;
(IV) THE INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL, PRIOR TO
THE EMBRYO TRANSFER, DESIGNATING A GUARDIAN FOR ALL RESULTING CHILDREN
WHO IS AUTHORIZED TO PERFORM THE INTENDED PARENT'S OR PARENTS' OBLI-
GATIONS PURSUANT TO THE SURROGACY AGREEMENT; AND
(V) THE INTENDED PARENT OR PARENTS MUST ENTER INTO CONTRACTS WITH A
SURROGACY PROGRAM, A THIRD-PARTY GAMETE PROVISION SERVICE PROVIDER, IF
APPLICABLE, AND AN ASSISTED REPRODUCTION SERVICE PROVIDER, IF APPLICA-
BLE, THAT ARE LICENSED BY THE DEPARTMENT OF HEALTH, WITH THE EXCEPTION
OF SURROGACY AGREEMENT COORDINATORS, AND REGISTERED WITH THE OFFICE OF
THE ASSISTED REPRODUCTION REGISTRAR.
§ 581-404. SURROGACY AGREEMENT; EFFECT OF SUBSEQUENT SPOUSAL RELATION-
SHIP. (A) AFTER THE EXECUTION OF A SURROGACY AGREEMENT UNDER THIS ARTI-
CLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS SURRO-
GATE DOES NOT AFFECT THE VALIDITY OF A SURROGACY AGREEMENT, THE CONSENT
OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE AGREEMENT SHALL
NOT BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE SHALL
NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
(B) THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS DOES
NOT AFFECT THE RIGHTS, DUTIES AND RESPONSIBILITIES OF THE INTENDED
PARENTS AS OUTLINED IN THE SURROGACY AGREEMENT.
§ 581-405. TERMINATION OF A SURROGACY AGREEMENT. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO TERMINATE A SURROGACY AGREEMENT AT ANY TIME
THROUGHOUT THE DURATION OF THE PREGNANCY. IF A PERSON ACTING AS SURRO-
GATE TERMINATES A SURROGACY AGREEMENT, ANY COMPENSATION ALREADY
RECEIVED, OTHER THAN PAYMENT OR REIMBURSEMENT OF MEDICAL, LEGAL, AND
A. 9847 18
PREGNANCY-RELATED EXPENSES, MUST BE RETURNED TO THE INTENDED PARENT OR
PARENTS.
§ 581-406. PARENTAGE UNDER A COMPLIANT SURROGACY AGREEMENT. UPON THE
BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
AGREEMENT THAT COMPLIES WITH THIS PART, THE BIOLOGICALLY-RELATED
INTENDED PARENT OR PARENTS, OR, IF NONE, THE INTENDED PARENT DESIGNATED
AS INTERIM DECISION-MAKER OR BOTH INTENDED PARENTS WORKING TOGETHER, AND
THE PERSON ACTING AS SURROGATE ASSUME INTERIM PARENTAL RESPONSIBILITY
FOR THE CHILD BORN AND SHARE DECISION MAKING, EXCEPT THAT THE INTENDED
PARENT OR PARENTS WILL ASSUME FULL FINANCIAL RESPONSIBILITY, UNTIL THE
PERSON ACTING AS SURROGATE UNDER THE TERMS OF A SURROGACY AGREEMENT HAS
SUBMITTED A WRITTEN DECLARATION TO THE COURT NO SOONER THAN EIGHT DAYS
FOLLOWING THE BIRTH OF ANY CHILDREN STATING THAT THEY ARE VOLUNTARILY
CONSENTING TO DISCLAIM AND RENOUNCE THEIR PARENTAL RIGHTS, AND A JUDG-
MENT OF PARENTAGE IN FAVOR OF THE INTENDED PARENT OR PARENTS HAS BEEN
ISSUED UNDER THE TERMS OF A SURROGACY AGREEMENT, AT WHICH TIME EACH
INTENDED PARENT IS, BY OPERATION OF LAW, A PARENT OF THE CHILD AND
NEITHER THE PERSON ACTING AS SURROGATE NOR THE PERSON'S SPOUSE, IF ANY,
IS A PARENT OF THE CHILD.
§ 581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
IS DEFECTIVE IN MATERIAL AND NON-TECHNICAL WAYS, THE COURT SHALL ENFORCE
ONLY SUCH PROVISIONS AS JUSTICE REQUIRES, EXCEPT THAT UNLESS THE PERSON
ACTING AS SURROGATE HAS DISCLAIMED AND RENOUNCED PARENTAL RIGHTS AND
OBLIGATIONS NO SOONER THAN EIGHT DAYS AFTER THE BIRTH OF THE CHILD, THE
COURT SHALL NOT TERMINATE THEIR PARENTAL STATUS, RIGHTS OR OBLIGATIONS.
§ 581-408. ABSENCE OF A SURROGACY AGREEMENT. IN THE ABSENCE OF A
SURROGACY AGREEMENT, THE PERSON WHO GIVES BIRTH TO A CHILD IS THE PARENT
OF THAT CHILD, AND ASSUMES THE RIGHTS AND OBLIGATIONS OF A PARENT AND
ANY INTENDED PARENT WHO HAS CONTRIBUTED GENETIC MATERIAL SHALL ALSO BE A
PARENT OF THE CHILD, AND ASSUME THE RIGHTS AND RESPONSIBILITIES OF A
PARENT, AND THE COURT SHALL DETERMINE CHILD SUPPORT AND ESTABLISH A
PARENTING SCHEDULE ACCORDING TO THE BEST INTERESTS OF THE CHILD AND SUCH
OTHER LAWS OF THIS STATE AS ARE APPLICABLE. IF NEITHER INTENDED PARENT
HAS CONTRIBUTED GENETIC MATERIAL, THE PERSON ACTING AS SURROGATE SHALL
BE THE SOLE PARENT AND CAN RETAIN THEIR PARENTAL STATUS AND OBLIGATIONS
OR SURRENDER THE CHILD FOR ADOPTION BY AN INTENDED PARENT OR BOTH OF
THEM PROVIDED THEY MEET THE REQUIREMENTS OF LAW OR IF THEY DECLINE TO
ADOPT, THEN TO OTHERS IN ACCORDANCE WITH LAW.
§ 581-409. DISPUTE AS TO A SURROGACY AGREEMENT. (A) ANY DISPUTE WHICH
IS RELATED TO A SURROGACY AGREEMENT SHALL BE RESOLVED BY THE SUPREME
COURT, WHICH SHALL DETERMINE THE RESPECTIVE RIGHTS AND OBLIGATIONS OF
THE PARTIES ACCORDING TO THE REQUIREMENTS OF THIS ARTICLE, THE VALID
TERMS OF THE AGREEMENT, AND SUCH OTHER LAWS AS MAY BE APPLICABLE.
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE SURROGACY AGREEMENT, THE
INTENDED PARENT OR PARENTS AND THE PERSON ACTING AS SURROGATE SHALL BE
ENTITLED TO ALL REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE
RELATED TO THE SURROGACY AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE PERSON ACTING AS SURROGATE OF ANY SURROGACY AGREEMENT
TERM.
PART 5
THIRD-PARTY GAMETE PROVISION AGREEMENT
SECTION 581-501. THIRD-PARTY GAMETE PROVISION AGREEMENT AUTHORIZED.
A. 9847 19
581-502. ELIGIBILITY TO ENTER A THIRD-PARTY GAMETE PROVISION
AGREEMENT.
581-503. REQUIREMENTS OF A THIRD-PARTY GAMETE PROVISION AGREE-
MENT.
581-504. THIRD-PARTY GAMETE PROVISION AGREEMENT; EFFECT OF
SUBSEQUENT SPOUSAL RELATIONSHIP.
581-505. TERMINATION OF A THIRD-PARTY GAMETE PROVISION AGREE-
MENT.
581-506. PARENTAGE UNDER A COMPLIANT THIRD-PARTY GAMETE
PROVISION AGREEMENT.
581-507. DISPUTE AS TO A THIRD-PARTY GAMETE PROVISION AGREEMENT.
§ 581-501. THIRD-PARTY GAMETE PROVISION AGREEMENT AUTHORIZED. IF
ELIGIBLE, A GAMETE PROVIDER AND AN INTENDED PARENT OR PARENTS, OR A
GAMETE PROVIDER AND AN AGENT, GAMETE BANK, FERTILITY CLINIC OR OTHER
ENTITY MAY ENTER INTO A THIRD-PARTY GAMETE PROVISION AGREEMENT WHICH
WILL BE ENFORCEABLE IF THE THIRD-PARTY GAMETE PROVISION AGREEMENT MEETS
THE REQUIREMENTS OF THIS ARTICLE.
§ 581-502. ELIGIBILITY TO ENTER A THIRD-PARTY GAMETE PROVISION AGREE-
MENT. (A) AN INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO
AN ENFORCEABLE THIRD-PARTY GAMETE PROVISION AGREEMENT UNDER THIS ARTICLE
IF THE INTENDED PARENT OR PARENTS HAVE MET THE FOLLOWING REQUIREMENTS AT
THE TIME THE THIRD-PARTY GAMETE PROVISION AGREEMENT IS EXECUTED:
(1) IF THE INTENDED PARENT OR PARENTS ARE ENTERING INTO A THIRD-PARTY
GAMETE PROVISION AGREEMENT WITH AN AGENT, GAMETE BANK, FERTILITY CLINIC
OR OTHER ENTITY, THE ENTITY MUST BE LICENSED BY THE DEPARTMENT OF HEALTH
AND REGISTERED WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR;
(2) IF THE INTENDED PARENT OR PARENTS ARE ENTERING INTO A THIRD-PARTY
GAMETE PROVISION AGREEMENT WITH A GAMETE PROVIDER, THE BROKER AGENT,
GAMETE BANK, FERTILITY CLINIC OR OTHER ENTITY MUST BE LICENSED WITH THE
DEPARTMENT OF HEALTH AND REGISTERED WITH THE OFFICE OF THE ASSISTED
REPRODUCTION REGISTRAR; AND
(3) IF THE INTENDED PARENT OR PARENTS ARE ENTERING INTO A THIRD-PARTY
GAMETE PROVISION AGREEMENT WITH A GAMETE PROVIDER, AGENT, GAMETE BANK,
FERTILITY CLINIC OR OTHER ENTITY, AND THEY ARE ALSO ENTERING INTO A
SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENT, EACH INTENDED PARENT
MUST BE A UNITED STATES CITIZEN OR PERMANENT LAWFUL RESIDENT AND WAS A
RESIDENT OF NEW YORK STATE FOR AT LEAST TWELVE MONTHS AT THE TIME EACH
INTENDED PARENT EXECUTES THE SURROGACY, INCLUDING GENETIC SURROGACY,
AGREEMENT.
(B) A GAMETE PROVIDER SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
THIRD-PARTY GAMETE PROVISION AGREEMENT UNDER THIS ARTICLE IF THE GAMETE
PROVIDER HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME THE THIRD-PARTY
GAMETE PROVISION AGREEMENT IS EXECUTED:
(1) AN EGG PROVIDER MUST BE AT LEAST TWENTY-ONE YEARS OF AGE, AND NO
MORE THAN THIRTY-FIVE YEARS OF AGE, UNLESS THE AGENT, GAMETE BANK,
FERTILITY CLINIC, OR OTHER ENTITY REQUIRES A MAXIMUM AGE THAT IS LESS
THAN THIRTY-FIVE. A SPERM PROVIDER MUST BE AT LEAST TWENTY-ONE YEARS OF
AGE, AND NO MORE THAN THIRTY-FIVE YEARS OF AGE, UNLESS THE AGENT, GAMETE
BANK, FERTILITY CLINIC, OR OTHER ENTITY REQUIRES A MAXIMUM AGE THAT IS
LESS THAN THIRTY-NINE YEARS OF AGE; AND
(2) AN EGG PROVIDER MAY NOT HAVE ENTERED INTO AND FULFILLED MORE THAN
A TOTAL OF FOUR THIRD-PARTY GAMETE PROVISION AGREEMENTS PRIOR TO ENTER-
ING A NEW THIRD-PARTY GAMETE PROVISION AGREEMENT; AND
(3) A GAMETE PROVIDER MAY NOT ENTER INTO A NEW THIRD-PARTY GAMETE
PROVISION AGREEMENT IF TEN CHILDREN HAVE ALREADY BEEN CONCEIVED BY
A. 9847 20
ASSISTED REPRODUCTION WITH THE GAMETE PROVIDER'S GAMETES AND BORN,
WHETHER OR NOT THROUGH SURROGACY, INCLUDING GENETIC SURROGACY; AND
(4) IF THE GAMETE PROVIDER IS ENTERING INTO A THIRD-PARTY GAMETE
PROVISION AGREEMENT WITH AN INTENDED PARENT OR PARENTS, THE BROKER
AGENT, GAMETE BANK, FERTILITY CLINIC, OR OTHER ENTITY MUST BE LICENSED
BY THE DEPARTMENT OF HEALTH AND REGISTERED WITH THE OFFICE OF THE
ASSISTED REPRODUCTION REGISTRAR; AND
(5) IF THE GAMETE PROVIDER IS ENTERING INTO A THIRD-PARTY GAMETE
PROVISION AGREEMENT WITH AN AGENT, GAMETE BANK, FERTILITY CLINIC, OR
OTHER ENTITY, THE ENTITY MUST BE LICENSED WITH THE DEPARTMENT OF HEALTH
AND LICENSED WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR; AND
(6) A GAMETE PROVIDER MUST HAVE COMPLETED MEDICAL AND PSYCHOLOGICAL
EVALUATIONS RELATING TO THIRD-PARTY GAMETE PROVISION AND HAVE RECEIVED
WRITTEN MEDICAL CLEARANCE TO PROVIDE GAMETES; AND
(7) AN EGG PROVIDER MAY NOT HAVE A HISTORY OF HEALTH OR GENETIC CONDI-
TIONS THAT WOULD PUT THEM AT RISK OF EXPERIENCING HEALTH COMPLICATIONS
RESULTING FROM OVARIAN STIMULATION AND/OR EGG RETRIEVAL, OR THAT WOULD
PUT ANY CHILDREN CONCEIVED BY ASSISTED REPRODUCTION WITH THEIR EGGS, OR
EMBRYOS CREATED FROM THEIR EGGS, AT RISK OF CONTRACTING ANY HEALTH
CONDITIONS AS A RESULT. A SPERM PROVIDER MAY NOT HAVE A HISTORY OF
HEALTH OR GENETIC CONDITIONS THAT WOULD PUT ANY CHILDREN CONCEIVED BY
ASSISTED REPRODUCTION WITH THEIR SPERM, OR EMBRYOS CREATED FROM THEIR
SPERM, AT RISK OF CONTRACTING ANY HEALTH CONDITIONS AS A RESULT.
§ 581-503. REQUIREMENTS OF A THIRD-PARTY GAMETE PROVISION AGREEMENT.
(A) A THIRD-PARTY GAMETE PROVISION 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:
(I) EACH INTENDED PARENT, IF APPLICABLE, OR THE AGENT, GAMETE BANK,
FERTILITY CLINIC OR OTHER ENTITY; AND
(II) THE GAMETE PROVIDER.
(2) IT SHALL INCLUDE THE FOLLOWING INFORMATION:
(I) THE DATE, CITY, AND STATE WHERE THE THIRD-PARTY GAMETE PROVISION
AGREEMENT WAS EXECUTED;
(II) FIRST AND LAST NAMES OF AND CONTACT INFORMATION FOR THE INTENDED
PARENT OR PARENTS, IF APPLICABLE, AND THE NAME OF AND CONTACT INFORMA-
TION FOR THE AGENT, GAMETE BANK, FERTILITY CLINIC OR OTHER ENTITY;
(III) THE FIRST AND LAST NAME OF THE GAMETE PROVIDER, IF KNOWN, OR THE
GAMETE PROVIDER IDENTIFICATION NUMBER, IF ANONYMOUS; AND
(IV) A STATEMENT SPECIFYING WHETHER THE GAMETES PROVIDED WERE EGGS,
SPERM OR EMBRYOS.
(3) IT SHALL BE EXECUTED AFTER THE FOLLOWING HAVE BEEN COMPLETED, BUT
PRIOR TO THE EGG PROVIDER TAKING ANY MEDICATION OR THE COMMENCEMENT OF
MEDICAL PROCEDURES IN FURTHERANCE OF OVARIAN STIMULATION AND EGG
RETRIEVAL: (I) THE REQUIRED MEDICAL AND PSYCHOLOGICAL SCREENINGS OF THE
GAMETE PROVIDER; (II) THE PSYCHOLOGICAL SCREENINGS OF THE INTENDED
PARENT OR PARENTS; (III) THE INFORMED CONSENT PROCESS FOR THE GAMETE
PROVIDER; AND (IV) THE INFORMED CONSENT PROCESS FOR THE INTENDED PARENT
OR PARENTS, IF APPLICABLE.
(4) IT SHALL BE EXECUTED BY A GAMETE PROVIDER WHO MET THE ELIGIBILITY
REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-502 OF THIS PART.
(5) IT SHALL BE EXECUTED BY AN INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-502 OF THIS
PART.
(6) THE THIRD-PARTY GAMETE PROVISION AGREEMENT STIPULATES THAT THE EGG
PROVIDER WILL OBTAIN A HEALTH INSURANCE POLICY THAT COVERS MAJOR MEDICAL
A. 9847 21
TREATMENT, HOSPITALIZATION, AND BEHAVIORAL HEALTH CARE FOR A TERM THAT
TAKES EFFECT PRIOR TO THE EGG PROVIDER TAKING ANY MEDICATION AND OR THE
COMMENCEMENT OF MEDICAL PROCEDURES IN FURTHERANCE OF OVARIAN STIMULATION
AND EGG RETRIEVAL, AND THAT EXTENDS FOR SIX MONTHS AFTER EGG RETRIEVAL
IS COMPLETED, OR FOR TWELVE MONTHS IF HEALTH COMPLICATIONS OCCUR; THE
POLICY SHALL BE PAID FOR BY THE AGENT, GAMETE BANK, FERTILITY CLINIC, OR
OTHER ENTITY, OR BY THE INTENDED PARENT OR PARENTS, WHICH SHALL ALSO PAY
FOR OR REIMBURSE THE EGG PROVIDER FOR ALL CO-PAYMENTS, DEDUCTIBLES AND
ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH THIRD-PARTY GAMETE
PROVISION, OR MEDICAL OR PSYCHOLOGICAL COMPLICATIONS PURSUANT TO THE
THIRD-PARTY GAMETE PROVISION AGREEMENT.
(7) THE THIRD-PARTY GAMETE PROVISION AGREEMENT SHALL PROVIDE FOR THE
RIGHT OF THE GAMETE PROVIDER TO OBTAIN PSYCHOLOGICAL COUNSELING BY A
MENTAL HEALTH PRACTITIONER OF THEIR CHOICE TO ADDRESS ISSUES RESULTING
FROM THE GAMETE PROVIDER'S PARTICIPATION IN THE THIRD-PARTY GAMETE
PROVISION AGREEMENT. THE COST OF PSYCHOLOGICAL COUNSELING SHALL BE PAID
BY THE INTENDED PARENT OR PARENTS, OR BY THE AGENT, GAMETE BANK, FERTIL-
ITY CLINIC, OR OTHER ENTITY.
(8) THE THIRD-PARTY GAMETE PROVISION AGREEMENT AND ALL REQUIRED
DOCUMENTATION SHALL BE CERTIFIED TO HAVE BEEN COMPLETED AND IN ORDER BY
THE AGENT, GAMETE BANK, FERTILITY CLINIC OR OTHER ENTITY.
(9) THE THIRD-PARTY GAMETE PROVISION AGREEMENT MAY NOT INCLUDE MORE
THAN ONE CYCLE OF EGG RETRIEVAL, AND MAY NOT REQUIRE THE EGG PROVIDER TO
SIGN ANOTHER THIRD-PARTY GAMETE PROVISION AGREEMENT IMMEDIATELY UPON
FULFILLMENT OF THE AGREEMENT AT HAND.
(10) THE THIRD-PARTY GAMETE PROVISION AGREEMENT MUST INDICATE THAT THE
EGG OR SPERM PROVIDER HAS DECLARED THAT THEIR EGGS OR SPERM, OR EMBRYOS
CREATED THEIR EGGS OR SPERM, MAY BE USED FOR RESEARCH, OR THAT THEIR
EGGS OR SPERM, OR EMBRYOS CREATED FROM THEIR EGGS OR SPERM, MAY NOT BE
USED FOR RESEARCH AT ANY TIME.
(11) THE THIRD-PARTY GAMETE PROVISION AGREEMENT MUST INDICATE THAT THE
EGG PROVIDER HAS DECLARED THAT THEIR EGGS, OR EMBRYOS CREATED FROM THEIR
EGGS, MAY BE DISTRIBUTED TO MULTIPLE INTENDED PARENTS, OR THAT THEIR
EGGS, OR EMBRYOS CREATED FROM THEIR EGGS, MAY ONLY BE DISTRIBUTED TO AND
USED BY ONE INTENDED PARENT, UNLESS TWO INTENDED PARENTS ARE INVOLVED,
USING ASSISTED REPRODUCTION AND THIRD-PARTY GAMETE PROVISION, AND SURRO-
GACY, IF APPLICABLE TO HAVE A CHILD.
(12) THE THIRD-PARTY GAMETE PROVISION AGREEMENT SHALL INDICATE THAT
THE GAMETE PROVIDER HAS DECLARED THEY AGREE TO DISCLOSE THEIR IDENTITY
TO A CHILD CONCEIVED BY ASSISTED REPRODUCTION WITH THE GAMETE PROVIDER'S
GAMETES, ON REQUEST, ONCE THE CHILD ATTAINS EIGHTEEN YEARS OF AGE, OR
THAT THE GAMETE PROVIDER DOES NOT AGREE PRESENTLY TO DISCLOSE THE GAMETE
PROVIDER'S IDENTITY TO THE CHILD.
(B) THE THIRD-PARTY GAMETE PROVISION AGREEMENT MUST COMPLY WITH THE
FOLLOWING TERMS:
(1) THE EGG PROVIDER AGREES TO UNDERGO OVARIAN STIMULATION AND EGG
RETRIEVAL SUBJECT TO THEIR RIGHT TO TERMINATE THE AGREEMENT;
(2) THE SPERM PROVIDER AGREES TO PROVIDE SPERM AS SPELLED OUT IN THE
THIRD-PARTY GAMETE PROVISION AGREEMENT SUBJECT TO THEIR RIGHT TO TERMI-
NATE THE AGREEMENT; AND
(3) THE GAMETE PROVIDER AGREES TO RELINQUISH PARENTAL AND PROPRIETARY
INTEREST IN GAMETES PROVIDED UNDER THE THIRD-PARTY GAMETE PROVISION
AGREEMENT OR PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-II OF
THE PUBLIC HEALTH LAW.
§ 581-504. THIRD-PARTY GAMETE PROVISION AGREEMENT; EFFECT OF SUBSE-
QUENT SPOUSAL RELATIONSHIP. AFTER THE EXECUTION OF A THIRD-PARTY GAMETE
A. 9847 22
PROVISION AGREEMENT UNDER THIS ARTICLE, THE SUBSEQUENT SEPARATION OR
DIVORCE OF THE INTENDED PARENTS DOES NOT AFFECT THE RIGHTS, DUTIES AND
RESPONSIBILITIES OF THE INTENDED PARENTS AS OUTLINED IN THE THIRD-PARTY
GAMETE PROVISION AGREEMENT.
§ 581-505. TERMINATION OF A THIRD-PARTY GAMETE PROVISION AGREEMENT.
(A) AN EGG PROVIDER HAS THE RIGHT TO TERMINATE A THIRD-PARTY GAMETE
PROVISION AGREEMENT AT ANY TIME PRIOR TO EGG RETRIEVAL WITHOUT PENALTY.
IF THE AGREEMENT IS TERMINATED PRIOR TO EGG RETRIEVAL, THE EGG PROVIDER
IS REQUIRED TO RETURN ANY FINANCIAL COMPENSATION RECEIVED TO DATE.
(B) A SPERM PROVIDER HAS THE RIGHT TO TERMINATE A THIRD-PARTY GAMETE
PROVISION AGREEMENT AT ANY TIME PRIOR TO THE FULFILLMENT OF THE AGREE-
MENT WITHOUT PENALTY. IF THE AGREEMENT IS TERMINATED PRIOR TO IT BEING
FULFILLED, THE SPERM PROVIDER IS REQUIRED TO RETURN ANY FINANCIAL
COMPENSATION RECEIVED IN ADVANCE.
(C) AN INTENDED PARENT OR PARENTS MAY TERMINATE A THIRD-PARTY GAMETE
PROVISION AGREEMENT AT ANY TIME WITHOUT PENALTY.
§ 581-506. PARENTAGE UNDER A COMPLIANT THIRD-PARTY GAMETE PROVISION
AGREEMENT. UPON THE BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION
UNDER A THIRD-PARTY GAMETE PROVISION AGREEMENT THAT COMPLIES WITH THIS
PART, EACH INTENDED PARENT IS, BY OPERATION OF LAW, A PARENT OF THE
CHILD AND THE GAMETE PROVIDER OR PROVIDERS IS NOT A PARENT OF THE CHILD.
§ 581-507. DISPUTE AS TO A THIRD-PARTY GAMETE PROVISION AGREEMENT.
(A) ANY DISPUTE WHICH IS RELATED TO A THIRD-PARTY GAMETE PROVISION
AGREEMENT SHALL BE RESOLVED BY THE SUPREME COURT OF THE STATE OF NEW
YORK, WHICH SHALL DETERMINE THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE
PARTIES.
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE THIRD-PARTY GAMETE PROVISION
AGREEMENT, THE INTENDED PARENT OR PARENTS AND THE THIRD-PARTY GAMETE
PROVIDER SHALL BE ENTITLED TO ALL REMEDIES AVAILABLE AT LAW OR EQUITY IN
ANY DISPUTE RELATED TO THE GAMETE PROVISION AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE GAMETE PROVIDER OF ANY THIRD-PARTY GAMETE PROVISION AGREE-
MENT TERM.
PART 6
INFORMED CONSENT
SECTION 581-601. INFORMED CONSENT.
581-602. INFORMED CONSENT PROCEDURES FOR GAMETE PROVIDERS.
581-603. INFORMED CONSENT PROCEDURES FOR PERSONS ACTING AS
SURROGATES.
581-604. INFORMED CONSENT PROCEDURES FOR INTENDED PARENTS.
§ 581-601. INFORMED CONSENT. INFORMED CONSENT PROCEDURES ARE ESTAB-
LISHED, AND SHALL BE UPDATED, TO REFLECT RESEARCH FINDINGS AND CURRENT
EVIDENCE-BASED BEST PRACTICES, TO ENSURE THAT GAMETE PROVIDERS, PERSONS
ACTING AS SURROGATES, AND INTENDED PARENTS ARE FULLY INFORMED AND ABLE
TO VOLUNTARILY CONSENT TO AGREEMENT PROVISIONS.
§ 581-602. INFORMED CONSENT PROCEDURES FOR GAMETE PROVIDERS. THE
FOLLOWING PROCEDURES SHALL BE COMPLETED AND DOCUMENTED, FOLLOWING BEST
PRACTICES FOR INFORMED CONSENT PROCEDURE TO ENSURE THAT GAMETE PROVIDERS
UNDERSTAND THE MATERIAL AND VOLUNTARILY SIGN CONSENT FORMS WITHOUT BEING
COERCED OR INCENTIVIZED, PRIOR TO EXECUTING A THIRD-PARTY GAMETE
PROVISION AGREEMENT.
(A) A GAMETE PROVIDER SHALL HAVE BEEN GIVEN A COPY OF THE GAMETE
PROVIDERS' BILL OF RIGHTS.
A. 9847 23
(B) A GAMETE PROVIDER SHALL HAVE COMPLETED A MEDICAL EVALUATION WITH A
HEALTH CARE PRACTITIONER AND HAVE RECEIVED WRITTEN MEDICAL CLEARANCE TO
PROCEED WITH OVARIAN STIMULATION AND EGG RETRIEVAL.
(C) A GAMETE PROVIDER SHALL HAVE RECEIVED WRITTEN CLEARANCE TO PROVIDE
GAMETES AFTER COMPLETING PSYCHOLOGICAL SCREENING AND COUNSELING REGARD-
ING ISSUES RELATED TO THIRD-PARTY GAMETE PROVISION, INCLUDING, BUT NOT
LIMITED TO:
(1) POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS ON THE GAMETE
PROVIDER AND ANY CHILDREN CONCEIVED BY ASSISTED REPRODUCTION USING THEIR
GAMETES; AND
(2) CONSIDERATIONS AND EVIDENCE-BASED BEST PRACTICES FOR TALKING WITH
CURRENT OR FUTURE PARTNERS OR SPOUSES AND THEIR CHILDREN ABOUT THIRD-
PARTY GAMETE PROVISION.
(D) AN EGG PROVIDER SHALL BE INFORMED OF THE POTENTIAL SHORT- AND
LONG-TERM HEALTH RISKS INVOLVED WITH THIRD-PARTY EGG PROVISION THAT ARE
CURRENTLY KNOWN TO, OR BEING INVESTIGATED BY, THE MEDICAL COMMUNITY, AND
THAT ALL OF THE POSSIBLE SHORT- AND LONG-TERM HEALTH RISKS ARE NOT KNOWN
DUE TO A LACK OF TRACKING AND RESEARCH.
(E) A GAMETE PROVIDER MUST BE INFORMED OF THE POSSIBILITY THAT THEIR
GAMETES, OR EMBRYOS CREATED FROM THEIR GAMETES, COULD BE USED FOR
RESEARCH AND MUST BE ASKED TO DECLARE IN WRITING THAT THEY WILL OR WILL
NOT ALLOW THEIR GAMETES, OR EMBRYOS CREATED FROM THEIR GAMETES, TO BE
USED FOR RESEARCH AT ANY TIME.
(F) AN EGG PROVIDER MUST BE INFORMED OF THE POSSIBILITY THAT THEIR
EGGS, OR EMBRYOS CREATED FROM THEIR EGGS, COULD BE DISTRIBUTED TO MULTI-
PLE INTENDED PARENTS USING ASSISTED REPRODUCTION TO CONCEIVE, AND SURRO-
GACY, IF APPLICABLE, TO HAVE A CHILD, AND MUST BE ASKED TO DECLARE IN
WRITING THAT THEY WILL OR WILL NOT ALLOW THEIR EGGS, OR EMBRYOS CREATED
FROM THEIR EGGS, TO BE DISTRIBUTED TO MORE THAN ONE INTENDED PARENT, OR
PARENTS WHEN THERE ARE TWO INTENDED PARENTS.
(G) A GAMETE PROVIDER MUST BE COUNSELED ABOUT THEIR OPTIONS REGARDING
IDENTITY DISCLOSURE AND THE RIGHT OF ANY CHILDREN CONCEIVED BY ASSISTED
REPRODUCTION WITH THEIR GAMETES TO RECEIVE THEIR MEDICAL INFORMATION,
AND THEIR IDENTIFYING INFORMATION IF THE GAMETE PROVIDER HAS CONSENTED
TO THE DISCLOSURE OF SUCH INFORMATION. A GAMETE PROVIDER SHALL BE
INFORMED THAT EVEN IF THE GAMETE PROVIDER CHOOSES TO REMAIN ANONYMOUS TO
ANY CHILDREN CONCEIVED BY ASSISTED REPRODUCTION WITH THEIR GAMETES,
THERE IS NO GUARANTEE THAT THEY WILL REMAIN ANONYMOUS DUE TO DNA TEST-
ING, THE POSSIBILITY OF DATA BREACHES, AND UNFORESEEN MEDICAL, SCIENTIF-
IC AND TECHNOLOGICAL DEVELOPMENTS. GAMETE PROVIDERS MUST SIGN A DECLARA-
TION REGARDING IDENTITY DISCLOSURE.
(H) A GAMETE PROVIDER SHALL BE PROVIDED INFORMATION ABOUT THE NEW YORK
STATE ASSISTED REPRODUCTION REGISTRY, INCLUDING, BUT NOT LIMITED TO:
(1) THE PURPOSE OF THE REGISTRY;
(2) PERSONAL AND CLINICAL DATA THAT IS COLLECTED AND HOW IT IS USED;
(3) THE BENEFITS OF REGISTERING, HOW THE GAMETE PROVIDER'S PERSONAL
INFORMATION IS SECURED AND KEPT CONFIDENTIAL, AND HOW TO REGISTER OR OPT
OUT OF REGISTERING; AND
(4) HOW TO REQUEST REGISTRY DATA.
§ 581-603. INFORMED CONSENT PROCEDURES FOR PERSONS ACTING AS SURRO-
GATES. THE FOLLOWING PROCEDURES MUST BE COMPLETED AND DOCUMENTED,
FOLLOWING BEST PRACTICES FOR INFORMED CONSENT PROCEDURE TO ENSURE THAT
PERSONS ACTING AS SURROGATES UNDERSTAND THE MATERIAL AND VOLUNTARILY
SIGN CONSENT FORMS WITHOUT BEING COERCED OR INCENTIVIZED, PRIOR TO
EXECUTING A SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENT.
A. 9847 24
(A) A PERSON ACTING AS SURROGATE MUST HAVE BEEN GIVEN A COPY OF THE
SURROGATES' BILL OF RIGHTS.
(B) A PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL EVALUATION
WITH A HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED SURROGATE
PREGNANCY AND HAS RECEIVED WRITTEN MEDICAL CLEARANCE TO BECOME PREGNANT.
(C) A PERSON ACTING AS SURROGATE HAS RECEIVED WRITTEN CLEARANCE TO ACT
AS SURROGATE AFTER COMPLETING PSYCHOLOGICAL SCREENING AND COUNSELING
REGARDING ISSUES RELATED TO ACTING AS SURROGATE, INCLUDING, BUT NOT
LIMITED TO:
(1) POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS ON THE PERSON ACTING
AS SURROGATE, THE PERSON'S SPOUSE OR PARTNER, AND CURRENT CHILDREN, AS
APPLICABLE; AND
(2) EVIDENCE-BASED BEST PRACTICES FOR HOW TO TALK TO CURRENT CHILDREN
AND OTHER FAMILY MEMBERS ABOUT SURROGACY.
(D) A PERSON ACTING AS SURROGATE MUST BE INFORMED OF THE POTENTIAL
SHORT- AND LONG-TERM HEALTH RISKS TO THEMSELVES AND TO ANY CHILDREN
CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES IF APPLICA-
BLE, AND BORN THROUGH SURROGACY, ASSOCIATED WITH SURROGATE PREGNANCY AND
DELIVERY CURRENTLY KNOWN TO, OR BEING INVESTIGATED BY, THE MEDICAL
COMMUNITY, AND THAT ALL OF THE HEALTH RISKS ARE NOT KNOWN DUE TO A LACK
OF TRACKING AND RESEARCH.
(E) A PERSON ACTING AS SURROGATE SHALL BE PROVIDED INFORMATION ABOUT
THE NEW YORK STATE ASSISTED REPRODUCTION REGISTRY, INCLUDING, BUT NOT
LIMITED TO:
(1) THE PURPOSE OF THE REGISTRY;
(2) PERSONAL AND CLINICAL DATA THAT IS COLLECTED AND HOW IT IS USED;
(3) THE BENEFITS OF REGISTERING, HOW ONE'S PERSONAL INFORMATION IS
SECURED AND KEPT CONFIDENTIAL, AND HOW TO REGISTER OR OPT OUT OF REGIS-
TERING; AND
(4) HOW TO REQUEST REGISTRY DATA.
§ 581-604. INFORMED CONSENT PROCEDURES FOR INTENDED PARENTS. THE
FOLLOWING PROCEDURES MUST BE COMPLETED AND DOCUMENTED, FOLLOWING BEST
PRACTICES FOR INFORMED CONSENT PROCEDURE TO ENSURE THAT INTENDED PARENTS
UNDERSTAND THE MATERIAL AND VOLUNTARILY SIGN CONSENT FORMS WITHOUT BEING
COERCED OR INCENTIVIZED, PRIOR TO RECEIVING ASSISTED REPRODUCTION
SERVICES, BEFORE EXECUTING A THIRD-PARTY GAMETE PROVISION AGREEMENT,
AND/OR BEFORE EXECUTING A SURROGACY, INCLUDING GENETIC SURROGACY, AGREE-
MENT:
(A) EACH INTENDED PARENT MUST HAVE BEEN GIVEN A COPY OF THE GAMETE
PROVIDERS' BILL OF RIGHTS AND/OR THE SURROGATES' BILL OF RIGHTS, AS
APPLICABLE.
(B) PRIOR TO EXECUTING A SURROGACY, INCLUDING GENETIC SURROGACY,
AGREEMENT, EACH INTENDED PARENT HAS COMPLETED A MEDICAL EVALUATION WITH
A HEALTH CARE PRACTITIONER.
(C) EACH INTENDED PARENT HAS COMPLETED PSYCHOLOGICAL SCREENING AND
COUNSELING REGARDING ISSUES RELATED TO HAVING CHILDREN CONCEIVED BY
ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES IF APPLICABLE, AND
SURROGACY, INCLUDING GENETIC SURROGACY, IF APPLICABLE, INCLUDING, BUT
NOT LIMITED TO:
(1) POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS ON THE INTENDED
PARENT OR PARENTS, ANY CHILDREN BORN, AND ANY CURRENT CHILDREN, IF
APPLICABLE; AND
(2) CONSIDERATIONS AND EVIDENCE-BASED BEST PRACTICES FOR TALKING WITH
ANY CHILDREN BORN AND CURRENT CHILDREN, AS APPLICABLE, ABOUT THIRD-PARTY
GAMETE PROVISION AND SURROGACY, INCLUDING GENETIC SURROGACY, AS APPLICA-
BLE.
A. 9847 25
(D) EACH INTENDED PARENT MUST BE INFORMED OF THE FOLLOWING SHORT- AND
LONG-TERM HEALTH RISKS CURRENTLY KNOWN TO, OR BEING INVESTIGATED BY, THE
MEDICAL COMMUNITY, AND THAT ALL OF THE HEALTH RISKS ARE NOT KNOWN DUE TO
A LACK OF TRACKING AND RESEARCH, AS APPLICABLE:
(1) PREGNANCY AND DELIVERY HEALTH RISKS TO THE INTENDED PARENT WHO
RECEIVES ASSISTED REPRODUCTION SERVICES WITH THIRD-PARTY GAMETE
PROVISION, IF APPLICABLE, TO BECOME PREGNANT, AND HEALTH RISKS TO ANY
CHILDREN CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES,
IF APPLICABLE; AND
(2) PREGNANCY AND DELIVERY HEALTH RISKS TO THE PERSON ACTING AS SURRO-
GATE IF SURROGACY, INCLUDING GENETIC SURROGACY, IS USED, AND HEALTH
RISKS TO ANY CHILDREN CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-
PARTY GAMETES IF APPLICABLE, AND BORN THROUGH SURROGACY, INCLUDING
GENETIC SURROGACY.
(E) EACH INTENDED PARENT MUST BE PROVIDED INFORMATION ABOUT THE NEW
YORK STATE ASSISTED REPRODUCTION REGISTRY, INCLUDING, BUT NOT LIMITED
TO:
(1) THE PURPOSE OF THE REGISTRY;
(2) PERSONAL AND CLINICAL DATA THAT IS COLLECTED AND HOW IT IS USED;
(3) THE BENEFITS OF REGISTERING, HOW ONE'S PERSONAL INFORMATION IS
SECURED AND KEPT CONFIDENTIAL, AND HOW TO REGISTER OR OPT OUT OF REGIS-
TERING; AND
(4) HOW TO REQUEST REGISTRY DATA.
PART 7
PAYMENT TO GAMETE PROVIDERS AND PERSONS ACTING AS SURROGATES
SECTION 581-701. REIMBURSEMENT.
581-702. COMPENSATION.
§ 581-701. REIMBURSEMENT. (A) A GAMETE PROVIDER WHO HAS ENTERED INTO
A VALID THIRD-PARTY GAMETE PROVISION AGREEMENT TO BE A GAMETE PROVIDER
MAY RECEIVE REIMBURSEMENT FROM AN INTENDED PARENT OR PARENTS FOR ECONOM-
IC LOSSES INCURRED IN CONNECTION WITH THE THIRD-PARTY GAMETE PROVISION
WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
(B) PREMIUMS PAID FOR INSURANCE AGAINST ECONOMIC LOSSES DIRECTLY
RESULTING FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS FOR THIRD-
PARTY GAMETE PROVISION SHALL BE REIMBURSED.
§ 581-702. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A GAMETE
PROVIDER OR PERSON ACTING AS SURROGATE WHO IS A PARTY TO A SURROGACY OR
GENETIC SURROGACY AGREEMENT BASED ON MEDICAL RISKS, PHYSICAL DISCOMFORT,
INCONVENIENCE AND THE RESPONSIBILITIES THEY ARE UNDERTAKING IN
CONNECTION WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION. UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR FOR THE RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
(B) THE COMPENSATION, IF ANY, PAID TO A GAMETE PROVIDER OR PERSON
ACTING AS SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH
BETWEEN THE PARTIES. THE NEGOTIATED AMOUNT OF COMPENSATION PAID TO
PERSONS ACTING AS SURROGATES SHALL BE EFFECTED ON A PAYMENT SCHEDULE
AGREED TO BY THE PERSON ACTING AS SURROGATE AND THE INTENDED PARENT OR
PARENTS, PROVIDED THAT THE FIRST PAYMENT IS MADE WHEN THE PERSON ACTING
AS SURROGATE COMMENCES TAKING MEDICATION TO FURTHER EMBRYO TRANSFER, AND
THE LAST PAYMENT IS MADE BETWEEN SIX AND EIGHT WEEKS AFTER THE BIRTH OF
ANY RESULTING CHILDREN.
(C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
A. 9847 26
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE GAMETE PROVIDER OR OF ANY RESULTING CHIL-
DREN.
PART 8
SURROGATES' BILL OF RIGHTS
SECTION 581-801. APPLICABILITY.
581-802. HEALTH AND WELFARE DECISIONS.
581-803. INDEPENDENT LEGAL COUNSEL.
581-804. HEALTH INSURANCE AND MEDICAL COSTS.
581-805. COUNSELING.
581-806. LIFE INSURANCE.
581-807. TERMINATION OF SURROGACY AGREEMENT.
§ 581-801. APPLICABILITY. THE RIGHTS ENUMERATED IN THIS PART SHALL
APPLY TO ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
ANY SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENT, JUDGMENT OF
PARENTAGE, MEMORANDUM OF UNDERSTANDING, VERBAL AGREEMENT OR CONTRACT TO
THE CONTRARY. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR
VERBAL AGREEMENT PURPORTING TO WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS
PART IS VOID AS AGAINST PUBLIC POLICY. THE RIGHTS ENUMERATED IN THIS
PART ARE NOT EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS PROVIDED
BY LAW, REGULATION, OR A SURROGACY, INCLUDING GENETIC SURROGACY, AGREE-
MENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
§ 581-802. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS SURROGATE
HAS THE RIGHT TO EXERCISE SOLE DISCRETION OVER DECISIONS REGARDING THEIR
BEHAVIOR, OTHER THAN BEHAVIORS THAT WOULD HARM THEIR HEALTH, AND TO MAKE
ALL HEALTH AND WELFARE DECISIONS REGARDING THEMSELF AND THEIR PREGNANCY,
INCLUDING BUT NOT LIMITED TO WHETHER TO CONSENT TO A MEDICALLY INDICATED
OR NON-MEDICALLY INDICATED CESAREAN SECTION, TO UTILIZE THE SERVICES OF
A HEALTH CARE PRACTITIONER OF THEIR CHOOSING, WHETHER TO TERMINATE OR
CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE NUMBER OF
FETUSES OR EMBRYOS THEY ARE CARRYING.
§ 581-803. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
THE RIGHT TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE
DURATION OF THE SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENT AND
ITS EXECUTION BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING, TO BE
PAID FOR BY THE INTENDED PARENT OR PARENTS.
§ 581-804. HEALTH INSURANCE AND MEDICAL COSTS. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO HAVE A HEALTH INSURANCE POLICY THAT COVERS
PRECONCEPTION CARE, PRE-NATAL CARE, MAJOR MEDICAL TREATMENTS, HOSPITALI-
ZATION AND BEHAVIORAL HEALTH CARE FOR A TERM THAT EXTENDS THROUGHOUT THE
DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS AFTER THE BIRTH
OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN TERMINATION OF
PREGNANCY, OR TERMINATION OF THE PREGNANCY, TO BE PAID FOR BY THE
INTENDED PARENT OR PARENTS. THE INTENDED PARENT OR PARENTS SHALL ALSO
PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL CO-PAYMENTS,
DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH
PREGNANCY, CHILD BIRTH, OR POST-NATAL CARE THAT ACCRUE THROUGH TWELVE
MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE, OR THE
TERMINATION OF THE PREGNANCY.
§ 581-805. COUNSELING. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO
OBTAIN A HEALTH INSURANCE POLICY THAT COVERS BEHAVIORAL HEALTH CARE AND
WILL COVER THE COST OF PSYCHOLOGICAL COUNSELING TO ADDRESS ISSUES
RESULTING FROM THEIR PARTICIPATION IN A SURROGACY, INCLUDING A GENETIC
A. 9847 27
SURROGACY, AGREEMENT, WHICH POLICY SHALL BE PAID FOR BY THE INTENDED
PARENT OR PARENTS.
§ 581-806. LIFE INSURANCE. A PERSON ACTING AS SURROGATE HAS THE RIGHT
TO BE PROVIDED A LIFE INSURANCE POLICY THAT TAKES EFFECT PRIOR TO TAKING
ANY MEDICATION OR COMMENCEMENT OF TREATMENT TO FURTHER EMBRYO TRANSFER,
PROVIDES A MINIMUM BENEFIT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS, AND
HAS A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNAN-
CY AND FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A
MISCARRIAGE RESULTING IN TERMINATION OF PREGNANCY, OR TERMINATION OF THE
PREGNANCY, WITH A BENEFICIARY OR BENEFICIARIES OF THEIR CHOOSING, TO BE
PAID FOR BY THE INTENDED PARENT OR PARENTS.
§ 581-807. TERMINATION OF SURROGACY AGREEMENT. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO TERMINATE A SURROGACY, INCLUDING A GENETIC
SURROGACY, AGREEMENT AT ANY TIME THROUGHOUT THE DURATION OF THE PREGNAN-
CY. IF A PERSON ACTING AS SURROGATE TERMINATES A SURROGACY AGREEMENT,
ANY COMPENSATION ALREADY RECEIVED, OTHER THAN PAYMENT OR REIMBURSEMENT
OF MEDICAL, LEGAL, AND PREGNANCY-RELATED EXPENSES, MUST BE RETURNED TO
THE INTENDED PARENT OR PARENTS.
PART 9
GAMETE PROVIDERS' BILL OF RIGHTS
SECTION 581-901. APPLICABILITY.
581-902. HEALTH AND WELFARE DECISIONS.
581-903. HEALTH INSURANCE AND MEDICAL COSTS.
581-904. COUNSELING.
581-905. TERMINATION OF A THIRD-PARTY GAMETE PROVISION AGREE-
MENT.
§ 581-901. APPLICABILITY. THE RIGHTS ENUMERATED IN THIS PART SHALL
APPLY TO ANY GAMETE PROVIDER IN THIS STATE, NOTWITHSTANDING ANY THIRD-
PARTY GAMETE PROVISION AGREEMENT, JUDGMENT OF PARENTAGE, MEMORANDUM OF
UNDERSTANDING, VERBAL AGREEMENT OR CONTRACT TO THE CONTRARY. EXCEPT AS
OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR VERBAL AGREEMENT PURPORTING TO
WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS PART IS VOID AS AGAINST PUBLIC
POLICY. THE RIGHTS ENUMERATED IN THIS PART ARE NOT EXCLUSIVE, AND ARE IN
ADDITION TO ANY OTHER RIGHTS PROVIDED BY LAW, REGULATION, OR A THIRD-
PARTY GAMETE PROVISION AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS
ARTICLE.
§ 581-902. HEALTH AND WELFARE DECISIONS. (A) AN EGG PROVIDER HAS THE
RIGHT TO EXERCISE SOLE DISCRETION OVER DECISIONS REGARDING THEIR BEHAV-
IOR, OTHER THAN BEHAVIORS THAT WOULD HARM THEIR HEALTH, AND TO MAKE ALL
HEALTH AND WELFARE DECISIONS REGARDING THEMSELVES, INCLUDING BUT NOT
LIMITED TO, THE AMOUNT OF TIME THAT TRANSPIRES BETWEEN EGG RETRIEVAL
CYCLES AND/OR THIRD-PARTY GAMETE PROVISION AGREEMENTS, AND WHETHER TO
TERMINATE THE THIRD-PARTY GAMETE PROVISION AGREEMENT AT ANY TIME;
(B) SPERM PROVIDERS HAVE THE RIGHT TO EXERCISE SOLE DISCRETION OVER
DECISIONS REGARDING THEIR BEHAVIOR, OTHER THAN BEHAVIORS THAT WOULD HARM
THEIR HEALTH, AND TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING
THEMSELVES, INCLUDING THE RIGHT TO TERMINATE THE THIRD-PARTY GAMETE
PROVISION AGREEMENT AT ANY TIME; AND
(C) THIS ARTICLE DOES NOT DIMINISH THE RESPONSIBILITY OF HEALTH CARE
PROVIDERS TO ENSURE ADHERENCE TO STANDARDS OF MEDICAL PRACTICE.
§ 581-903. HEALTH INSURANCE AND MEDICAL COSTS. AN EGG PROVIDER HAS THE
RIGHT TO OBTAIN A HEALTH INSURANCE POLICY THAT COVERS MAJOR MEDICAL
TREATMENTS, HOSPITALIZATIONS, AND BEHAVIORAL HEALTH CARE FOR A TERM THAT
TAKES EFFECT PRIOR TO THE EGG PROVIDER TAKING ANY MEDICATION AND
A. 9847 28
COMMENCING MEDICAL PROCEDURES IN FURTHERANCE OF OVARIAN STIMULATION AND
EGG RETRIEVAL AND THAT EXTENDS FOR SIX MONTHS AFTER EGG RETRIEVAL IS
COMPLETED, OR FOR TWELVE MONTHS IF HEALTH COMPLICATIONS OCCUR. SUCH
POLICY SHALL BE PAID FOR BY THE AGENT, GAMETE BANK, FERTILITY CLINIC OR
OTHER ENTITY OR BY THE INTENDED PARENT OR PARENTS, AS APPLICABLE, WHICH
SHALL ALSO PAY FOR OR REIMBURSE THE EGG PROVIDER FOR ALL CO-PAYMENTS,
DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH
THIRD-PARTY GAMETE PROVISION OR PSYCHOLOGICAL OR HEALTH COMPLICATIONS
PURSUANT TO THE THIRD-PARTY GAMETE PROVISION AGREEMENT.
§ 581-904. COUNSELING. A GAMETE PROVIDER HAS THE RIGHT TO OBTAIN A
HEALTH INSURANCE POLICY THAT COVERS BEHAVIORAL HEALTH CARE AND WILL
COVER THE COST OF PSYCHOLOGICAL COUNSELING TO ADDRESS ISSUES RESULTING
FROM PARTICIPATION IN THIRD-PARTY GAMETE PROVISION, TO BE PAID FOR BY
THE INTENDED PARENT OR PARENTS, AS APPLICABLE, OR BY THE AGENT, GAMETE
BANK, FERTILITY CLINIC OR OTHER ENTITY AS APPLICABLE.
§ 581-905. TERMINATION OF A THIRD-PARTY GAMETE PROVISION AGREEMENT.
(A) AN EGG PROVIDER HAS THE RIGHT TO TERMINATE A THIRD-PARTY GAMETE
PROVISION AGREEMENT AT ANY TIME PRIOR TO EGG RETRIEVAL WITHOUT PENALTY.
IF THE AGREEMENT IS TERMINATED PRIOR TO EGG RETRIEVAL, THE EGG PROVIDER
IS REQUIRED TO RETURN ANY FINANCIAL COMPENSATION RECEIVED TO DATE, OTHER
THAN PAYMENT OR REIMBURSEMENT FOR MEDICAL OR PSYCHOLOGICAL SERVICES.
(B) A SPERM PROVIDER HAS THE RIGHT TO TERMINATE A THIRD-PARTY GAMETE
PROVISION AGREEMENT AT ANY TIME PRIOR TO THE FULFILLMENT OF THE AGREE-
MENT WITHOUT PENALTY. IF THE AGREEMENT IS TERMINATED PRIOR TO IT BEING
FULFILLED, THE SPERM PROVIDER IS REQUIRED TO RETURN ANY FINANCIAL
COMPENSATION RECEIVED IN ADVANCE.
PART 10
MISCELLANEOUS PROVISIONS
SECTION 581-1001. REMEDIAL.
581-1002. SEVERABILITY.
581-1003. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-1004. INTERPRETATION.
§ 581-1001. REMEDIAL. THIS ARTICLE IS HEREBY DECLARED TO BE A REMEDI-
AL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFICIAL
INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-1002. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS ARTI-
CLE BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE INVALI-
DATION OF ANY OTHER PART.
§ 581-1003. 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.
§ 581-1004. INTERPRETATION. UNLESS THE CONTEXT INDICATES OTHERWISE,
WORDS IMPORTING THE SINGULAR INCLUDE AND APPLY TO SEVERAL PERSONS,
PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
§ 2. Section 73 of the domestic relations law is REPEALED.
§ 3. Section 121 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 121. Definitions. [When used in this article, unless the context or
subject matter manifestly requires a different interpretation:
1. "Birth mother" shall mean a woman who gives birth to a child pursu-
ant to a surrogate parenting contract.
A. 9847 29
2. "Genetic father" shall mean a man who provides sperm for the birth
of a child born pursuant to a surrogate parenting contract.
3. "Genetic mother" shall mean a woman who provides an ovum for the
birth of a child born pursuant to a surrogate parenting contract.
4. "Surrogate parenting contract" shall mean any agreement, oral or
written, in which:
(a) a woman agrees either to be inseminated with the sperm of a man
who is not her husband or to be impregnated with an embryo that is the
product of an ovum fertilized with the sperm of a man who is not her
husband; and
(b) the woman agrees to, or intends to, surrender or consent to the
adoption of the child born as a result of such insemination or impregna-
tion.] THE DEFINITIONS SET FORTH IN SECTION 581-102 OF THE FAMILY COURT
ACT SHALL APPLY TO THIS ARTICLE.
§ 4. Section 122 of the domestic relations law is REPEALED and a new
section 122 is added to read as follows:
§ 122. GENETIC SURROGACY AGREEMENT. 1. IF ELIGIBLE UNDER THIS ARTICLE
TO ENTER INTO A GENETIC SURROGACY AGREEMENT, A PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, AND
THE INTENDED PARENT OR PARENTS MAY ENTER INTO A GENETIC SURROGACY AGREE-
MENT WHICH WILL BE ENFORCEABLE PROVIDED THE GENETIC SURROGACY AGREEMENT
MEETS THE REQUIREMENTS OF THIS ARTICLE AND FURTHER PROVIDED THAT
ENFORCEMENT OF A GENETIC SURROGACY AGREEMENT AGAINST A SURROGATE WHO
OBJECTS TO THE TERMINATION OF HER PARENTAL RIGHTS PRIOR TO THE ISSUANCE
OF AN ACKNOWLEDGEMENT OF INTERIM PARENTAL RESPONSIBILITY OR VOLUNTARY
RENUNCIATION OF PARENTAL RIGHTS IS CONTRARY TO THE PUBLIC POLICY OF THIS
STATE AND THE GENETIC SURROGACY AGREEMENT IS VOID AND UNENFORCEABLE.
2. A GENETIC SURROGACY AGREEMENT SHALL NOT APPLY TO THE BIRTH OF A
CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
3. A GENETIC SURROGACY AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPEN-
SATION UNDER THIS PART SEVEN OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
4.(A) A PERSON ACTING AS SURROGATE SHALL BE ELIGIBLE TO ENTER INTO AN
ENFORCEABLE GENETIC SURROGACY AGREEMENT UNDER THIS SECTION IF THE PERSON
ACTING AS SURROGATE HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME THE
GENETIC SURROGACY AGREEMENT IS EXECUTED:
(I) THE PERSON ACTING AS SURROGATE IS AT LEAST TWENTY-ONE YEARS OF
AGE;
(II) THE PERSON ACTING AS SURROGATE IS A UNITED STATES CITIZEN OR A
PERMANENT LAWFUL RESIDENT AND WAS A RESIDENT OF NEW YORK STATE FOR AT
LEAST TWELVE MONTHS AT THE TIME THE PERSON EXECUTES A GENETIC SURROGACY
AGREEMENT, EXCEPT THAT AN EXCEPTION SHALL BE PROVIDED IF THE PERSON
ACTING AS SURROGATE IS A FAMILY MEMBER OF AN INTENDED PARENT AND IS NOT
BEING COMPENSATED TO ACT AS SURROGATE;
(III) THE PERSON ACTING AS SURROGATE HAS USED THEIR OWN GAMETES TO
CONCEIVE THE RESULTING CHILD;
(IV) THE PERSON ACTING AS SURROGATE HAS COMPLETED MEDICAL AND PSYCHO-
LOGICAL EVALUATIONS WITH HEALTH CARE PRACTITIONERS RELATING TO THE
ANTICIPATED SURROGATE PREGNANCY AND HAS RECEIVED WRITTEN MEDICAL CLEAR-
ANCE TO BECOME PREGNANT;
(V) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHICH SHALL BE PAID
FOR BY THE INTENDED PARENT OR PARENTS PROVIDED THAT SUCH COUNSEL MUST
SPECIFICALLY DECLARE THAT SHE OR HE HAS NO CONFLICTS RELATING TO EITHER
THE INTENDING PARENTS OR ANY INTERMEDIARIES IN THE GENETIC SURROGACY
A. 9847 30
ARRANGEMENT. A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPEN-
SATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS PAY
THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED PARENT OR PARENTS ARE
PAYING FOR THE INDEPENDENT LEGAL COUNSEL OF THE PERSON ACTING AS SURRO-
GATE, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, A
SEPARATE RETAINER AGREEMENT SHALL BE PREPARED CLEARLY STATING THAT SUCH
LEGAL COUNSEL WILL ONLY REPRESENT THE PERSON ACTING AS SURROGATE AND THE
SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, IN ALL MATTERS
PERTAINING TO THE GENETIC SURROGACY AGREEMENT, THAT SUCH LEGAL COUNSEL
WILL NOT OFFER LEGAL ADVICE TO ANY OTHER PARTIES TO THE GENETIC SURROGA-
CY AGREEMENT, AND THAT THE ATTORNEY-CLIENT RELATIONSHIP LIES WITH THE
PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
GATE, IF APPLICABLE;
(VI) THE PERSON ACTING AS SURROGATE MUST HAVE PREVIOUSLY DELIVERED AT
LEAST ONE HEALTHY LIVE BIRTH FROM AN UNCOMPLICATED PREGNANCY NOT PURSU-
ANT TO A SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENT;
(VII) THE PERSON ACTING AS SURROGATE MUST NOT HAVE DELIVERED MORE THAN
THREE PRIOR CHILDREN, WHETHER OR NOT ACTING AS A SURROGATE;
(VIII) THE PERSON ACTING AS SURROGATE MUST BE FREE OF ANY MEDICAL OR
PSYCHOLOGICAL PREEXISTING CONDITIONS THAT WOULD QUALIFY THEM AS BEING
HIGH-RISK TO BECOME PREGNANT; AND
(IX) THE PERSON ACTING AS SURROGATE MUST NOT BE OVER AGE THIRTY-FIVE
AT THE TIME OF CONCEPTION.
(B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
ENFORCEABLE GENETIC SURROGACY AGREEMENT UNDER THIS ARTICLE, IF THEY HAVE
MET THE FOLLOWING REQUIREMENTS AT THE TIME THE GENETIC SURROGACY AGREE-
MENT WAS EXECUTED:
(I) EACH INTENDED PARENT IS A UNITED STATES CITIZEN OR A PERMANENT
LAWFUL RESIDENT AND WAS A RESIDENT OF NEW YORK STATE FOR AT LEAST TWELVE
MONTHS AT THE TIME THEY EXECUTE A GENETIC SURROGACY CONTRACT; AND
(II) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT
THE CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS
EXECUTION BY INDEPENDENT LEGAL COUNSEL OF HIS, HER OR THEIR OWN CHOOS-
ING; AND
(III) THEY ARE AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE GENETIC SURROGACY AGREEMENT WITHOUT THEIR SPOUSE IF:
(A) THEY ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT 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
(B) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE GENETIC SURROGACY AGREEMENT; AND
(IV) WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY TO
THE AGREEMENT, THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL NOT HAVE
RIGHTS OR OBLIGATIONS TO THE CHILD; AND
(V) AT LEAST ONE INTENDED PARENT MUST HAVE USED THEIR GAMETES TO
CREATE THE EMBRYO THAT WILL BE TRANSFERRED TO THE PERSON ACTING AS
SURROGATE, UNLESS THE INTENDED PARENT OR PARENTS ARE UNABLE TO USE THEIR
GAMETES FOR MEDICAL REASONS; AND
(VI) THE INTENDED PARENT OR PARENTS MUST HAVE HAD MEDICAL AND PSYCHO-
LOGICAL EVALUATIONS; AND
(VII) THE INTENDED PARENT OR PARENTS MUST HAVE HAD BACKGROUND CHECKS
AND A HOME STUDY COMPLETED.
A. 9847 31
5. A GENETIC SURROGACY AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED THE
REQUIREMENTS OF THIS SECTION AND BE ENFORCEABLE IF IT MEETS THE FOLLOW-
ING REQUIREMENTS:
(A) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
(I) EACH INTENDED PARENT, AND
(II) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
(A) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT 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
(B) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO EXECUTION OF THE GENETIC SURROGACY AGREEMENT.
(B) IT SHALL INCLUDE THE FOLLOWING INFORMATION:
(I) THE DATE, CITY, AND STATE WHERE THE GENETIC SURROGACY AGREEMENT
WAS EXECUTED; AND
(II) FIRST AND LAST NAMES OF AND CONTACT INFORMATION FOR THE INTENDED
PARENT OR PARENTS AND OF THE PERSON ACTING AS SURROGATE; AND
(III) THE FIRST AND LAST NAMES OF AND CONTACT INFORMATION FOR THE
PERSONS FROM WHICH THE GAMETES ORIGINATED. IF THIRD-PARTY GAMETE
PROVISION WAS USED, THE FIRST AND LAST NAME OF AND CONTACT INFORMATION
FOR EACH GAMETE PROVIDER, IF KNOWN, OR THE GAMETE PROVIDER IDENTIFICA-
TION NUMBER, IF ANONYMOUS. THE AGREEMENT SHALL SPECIFY WHETHER THE
THIRD-PARTY GAMETES PROVIDED WERE EGGS, SPERM OR EMBRYOS; AND
(IV) THE NAME OF AND CONTACT INFORMATION FOR THE LICENSED AND REGIS-
TERED SURROGACY PROGRAM THAT IS HANDLING THE GENETIC SURROGACY AGREE-
MENT; AND
(V) THE NAMES OF AND CONTACT INFORMATION FOR THE ATTORNEY REPRESENTING
THE PERSON ACTING AS SURROGATE AND, IF APPLICABLE, THE SPOUSE OF THE
PERSON ACTING AS SURROGATE, AND THE ATTORNEY REPRESENTING THE INTENDED
PARENT OR PARENTS.
(C) IT SHALL BE EXECUTED AFTER THE FOLLOWING HAVE BEEN COMPLETED, BUT
PRIOR TO THE PERSON ACTING AS SURROGATE TAKING ANY MEDICATION OR THE
COMMENCEMENT OF MEDICAL PROCEDURES IN FURTHERANCE OF EMBRYO TRANSFER:
(I) THE MEDICAL AND PSYCHOLOGICAL SCREENINGS OF THE PERSON ACTING AS
SURROGATE;
(II) THE MEDICAL AND PSYCHOLOGICAL SCREENINGS, BACKGROUND CHECKS, AND
HOME STUDY OF THE INTENDED PARENT OR PARENTS;
(III) THE INFORMED CONSENT PROCESS FOR THE PERSON ACTING AS SURROGATE,
THE INTENDED PARENT OR PARENTS, AND ANY GAMETE PROVIDERS; AND
(IV) LEGAL COUNSELING OF ALL PARTIES.
(D) IT SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE MEETING THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION AND BY THE
SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, UNLESS THE
SIGNATURE OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE IS NOT
REQUIRED AS SET FORTH IN THIS SECTION.
(E) IT SHALL BE EXECUTED BY AN INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
(F) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE, IF APPLICABLE, AND THE INTENDED PARENT OR PARENTS SHALL
HAVE BEEN REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE DURA-
TION OF THE CONTRACT AND ITS EXECUTION BY SEPARATE, INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING.
(G) IF THE GENETIC SURROGACY AGREEMENT PROVIDES FOR THE PAYMENT OF
COMPENSATION TO THE PERSON ACTING AS SURROGATE, THOSE FUNDS SHALL HAVE
A. 9847 32
BEEN PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE
PERSON ACTING AS SURROGATE TAKING ANY MEDICATION OR THE COMMENCEMENT OF
MEDICAL PROCEDURES IN FURTHERANCE OF EMBRYO TRANSFER. FUNDS TO COVER THE
MEDICAL EXPENSES OF THE PERSON ACTING AS SURROGATE, INCLUDING OUT-OF-
POCKET MEDICAL EXPENSES SHALL ALSO HAVE BEEN PLACED IN ESCROW.
(H) THE PERSON ACTING AS SURROGATE HAS OR WILL OBTAIN A HEALTH INSUR-
ANCE POLICY THAT TAKES EFFECT PRIOR TO TAKING ANY MEDICATION OR THE
COMMENCEMENT OF MEDICAL PROCEDURES TO FURTHER EMBRYO TRANSFER THAT
COVERS PRE-CONCEPTION CARE, PRE-NATAL CARE, MAJOR MEDICAL TREATMENTS,
HOSPITALIZATION, AND BEHAVIORAL HEALTH CARE, AND THE HEALTH INSURANCE
POLICY HAS A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED
PREGNANCY AND FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILL-
BIRTH, A MISCARRIAGE RESULTING IN TERMINATION OF PREGNANCY, OR TERMI-
NATION OF THE PREGNANCY; THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY
OR THROUGH REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT OR
PARENTS ON BEHALF OF THE PERSON ACTING AS SURROGATE PURSUANT TO THE
GENETIC SURROGACY AGREEMENT, EXCEPT THAT A PERSON ACTING AS SURROGATE
WHO IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE
INTENDED PARENT OR PARENTS PAY FOR THE HEALTH INSURANCE POLICY. THE
INTENDED PARENT OR PARENTS SHALL ALSO PAY FOR OR REIMBURSE THE PERSON
ACTING AS SURROGATE FOR ALL CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-
OF-POCKET MEDICAL COSTS ASSOCIATED WITH PRECONCEPTION, PREGNANCY, CHILD
BIRTH, OR POST-NATAL CARE, THAT ACCRUE THROUGH TWELVE MONTHS AFTER THE
BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE OR TERMINATION OF THE
PREGNANCY. A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPENSATION
MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS MAKE SUCH
PAYMENTS OR REIMBURSEMENTS.
(I) THE GENETIC SURROGACY AGREEMENT STIPULATES THAT THE PERSON ACTING
AS SURROGATE WILL OBTAIN A SHORT- AND LONG-TERM DISABILITY INSURANCE
POLICY THAT TAKES EFFECT PRIOR TO TAKING ANY MEDICATION OR COMMENCING
MEDICAL PROCEDURES TO FURTHER EMBRYO TRANSFER THAT COVERS DISABILITY
RELATED TO THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE
RESULTING IN TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY,
AND THE DISABILITY INSURANCE POLICY HAS A TERM THAT EXTENDS THROUGHOUT
THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS AFTER THE
BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN TERMINATION
OF PREGNANCY, OR TERMINATION OF THE PREGNANCY; THE POLICY SHALL BE PAID
FOR, WHETHER DIRECTLY OR THROUGH REIMBURSEMENT OR OTHER MEANS, BY THE
INTENDED PARENT OR PARENTS ON BEHALF OF THE PERSON ACTING AS SURROGATE
PURSUANT TO THE GENETIC SURROGACY AGREEMENT, EXCEPT THAT A PERSON ACTING
AS SURROGATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO
HAVE THE INTENDED PARENT OR PARENTS PAY FOR THE DISABILITY INSURANCE
POLICY.
(J) THE GENETIC SURROGACY AGREEMENT MUST PROVIDE THAT THE INTENDED
PARENT OR PARENTS SHALL PROCURE AND PAY FOR A LIFE INSURANCE POLICY FOR
THE PERSON ACTING AS SURROGATE THAT TAKES EFFECT PRIOR TO THE PERSON
ACTING AS SURROGATE TAKING ANY MEDICATION OR THE COMMENCEMENT OF MEDICAL
PROCEDURES TO FURTHER EMBRYO TRANSFER, PROVIDES A MINIMUM BENEFIT OF
SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS, AND HAS A TERM THAT EXTENDS
THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS
AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN
TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY; THE POLICY
SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH REIMBURSEMENT OR OTHER
MEANS, BY THE INTENDED PARENT OR PARENTS ON BEHALF OF THE PERSON ACTING
AS SURROGATE PURSUANT TO THE GENETIC SURROGACY AGREEMENT, EXCEPT THAT A
PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE
A. 9847 33
THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS PAY FOR THE LIFE INSUR-
ANCE POLICY.
(K) THE GENETIC SURROGACY AGREEMENT MUST INCLUDE INFORMATION DISCLOS-
ING HOW THE INTENDED PARENT OR PARENTS WILL COVER THE MEDICAL EXPENSES
OF THE PERSON ACTING AS SURROGATE AND ANY CHILD BORN PURSUANT TO THE
GENETIC SURROGACY AGREEMENT. THE DISCLOSURE SHALL INCLUDE A REVIEW OF
THE HEALTH CARE POLICY PROVISIONS RELATED TO COVERAGE FOR THE PERSON
ACTING AS SURROGATE'S PREGNANCY, INCLUDING ANY POSSIBLE LIABILITY OF THE
PERSON ACTING AS SURROGATE'S THIRD-PARTY LIABILITY LIENS OR OTHER INSUR-
ANCE COVERAGE, AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVERAGE OR
LIABILITY OF THE PERSON ACTING AS SURROGATE.
(L) THE GENETIC SURROGACY AGREEMENT AND ALL REQUIRED DOCUMENTATION
SHALL BE CERTIFIED TO HAVE BEEN COMPLETED AND IN ORDER BY THE SURROGACY
PROGRAM HANDLING THE GENETIC SURROGACY AGREEMENT.
6. THE GENETIC SURROGACY AGREEMENT SHALL COMPLY WITH ALL OF THE
FOLLOWING TERMS:
(A) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE:
(I) THE PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD SUBJECT TO THEIR RIGHT
TO TERMINATE THE PREGNANCY;
(II) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, AGREE THAT ALL RESULTING CHILDREN
WILL GO HOME WITH THE INTENDED PARENT OR PARENTS FROM THE HOSPITAL ONCE
MEDICAL CLEARANCE IS PROVIDED UNLESS THE PERSON ACTING AS SURROGATE
DECIDES OTHERWISE;
(III) THE PERSON ACTING AS SURROGATE AGREES TO FILE WITH THE COURT A
NOTARIZED WRITTEN DECLARATION NO SOONER THAN EIGHT DAYS FOLLOWING THE
BIRTH OF ANY RESULTING CHILDREN STATING THEY ARE VOLUNTARILY CONSENTING
TO DISCLAIM AND RENOUNCE THEIR PARENTAL RIGHTS UNDER THE TERMS OF THE
GENETIC SURROGACY AGREEMENT, AND CONSENTING TO THE ADOPTION OF ANY CHIL-
DREN BORN PURSUANT TO THE GENETIC SURROGACY AGREEMENT;
(IV) THE GENETIC SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS
SURROGATE TO EXERCISE SOLE DISCRETION OVER DECISIONS REGARDING THEIR
BEHAVIOR, OTHER THAN BEHAVIORS THAT WOULD HARM THEIR HEALTH, AND TO MAKE
ALL HEALTH AND WELFARE DECISIONS REGARDING THEMSELVES, THEIR PREGNANCY,
AND CHILD BIRTH, INCLUDING BUT NOT LIMITED TO, WHETHER TO CONSENT TO A
MEDICALLY-INDICATED OR NON-MEDICALLY INDICATED CESAREAN SECTION, WHETHER
TO TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN
THE NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING AND NOTWITHSTANDING
ANY OTHER PROVISIONS IN THIS CHAPTER, PROVISIONS IN THE AGREEMENT TO THE
CONTRARY ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH THE
RIGHT OF THE PERSON ACTING AS SURROGATE TO TERMINATE A PREGNANCY. THIS
ARTICLE DOES NOT DIMINISH THE RESPONSIBILITY OF HEALTH CARE PROVIDERS TO
ENSURE ADHERENCE TO STANDARDS OF MEDICAL PRACTICE;
(V) THE GENETIC SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS
SURROGATE TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER INCLUD-
ING A MENTAL HEALTH CARE PROFESSIONAL OF THE PERSON'S CHOOSING; AND
(VI) THE PERSON ACTING AS SURROGATE HAS THE RIGHT TO OBTAIN PSYCHOLOG-
ICAL COUNSELING BY A COUNSELOR OF THEIR CHOICE TO ADDRESS ISSUES RESULT-
ING FROM THE PERSON'S PARTICIPATION IN THE GENETIC SURROGACY AGREEMENT.
THE COST OF THAT COUNSELING SHALL BE PAID BY THE INTENDED PARENT OR
PARENTS.
(B) AS TO THE INTENDED PARENT OR PARENTS:
A. 9847 34
(I) THE INTENDED PARENT OR PARENTS AGREE TO ACCEPT INTERIM PARENTAL
RESPONSIBILITY FOR ANY RESULTING CHILDREN IMMEDIATELY UPON BIRTH REGARD-
LESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL CONDITION;
(II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH;
(III) THE GENETIC SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS
AND OBLIGATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE GENETIC
SURROGACY AGREEMENT ARE NOT ASSIGNABLE;
(IV) THE INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL, PRIOR TO
THE EMBRYO TRANSFER, DESIGNATING A GUARDIAN FOR ALL RESULTING CHILDREN
WHO IS AUTHORIZED TO PERFORM THE INTENDED PARENT'S OR PARENTS' OBLI-
GATIONS PURSUANT TO THE GENETIC SURROGACY AGREEMENT; AND
(V) THE INTENDED PARENT OR PARENTS MUST ENTER INTO CONTRACTS WITH A
SURROGACY PROGRAM, A THIRD-PARTY GAMETE PROVISION SERVICE PROVIDER, IF
APPLICABLE, AND AN ASSISTED REPRODUCTION SERVICE PROVIDER, IF APPLICA-
BLE, THAT ARE LICENSED BY THE NEW YORK STATE DEPARTMENT OF HEALTH, WITH
THE EXCEPTION OF SURROGACY AGREEMENT COORDINATORS, AND REGISTERED WITH
THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR.
7. (A) AFTER THE EXECUTION OF A GENETIC SURROGACY AGREEMENT UNDER THIS
ARTICLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS
SURROGATE DOES NOT AFFECT THE VALIDITY OF A GENETIC SURROGACY AGREEMENT,
THE CONSENT OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE
AGREEMENT SHALL NOT BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS
SURROGATE SHALL NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
(B) THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS DOES
NOT AFFECT THE RIGHTS, DUTIES AND RESPONSIBILITIES OF THE INTENDED
PARENTS AS OUTLINED IN THE GENETIC SURROGACY AGREEMENT.
8. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO TERMINATE A GENETIC
SURROGACY AGREEMENT AT ANY TIME THROUGHOUT THE DURATION OF THE PREGNAN-
CY. IF A PERSON ACTING AS SURROGATE TERMINATES A GENETIC SURROGACY
AGREEMENT, ANY COMPENSATION ALREADY RECEIVED, OTHER THAN PAYMENT OR
REIMBURSEMENT OF MEDICAL, LEGAL, AND PREGNANCY-RELATED EXPENSES, MUST BE
RETURNED TO THE INTENDED PARENT OR PARENTS.
9. UPON THE BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION AND
BORN THROUGH GENETIC SURROGACY PURSUANT TO ARTICLE EIGHT OF THE DOMESTIC
RELATIONS LAW, THE BIOLOGICALLY-RELATED INTENDED PARENT OR PARENTS AND
THE PERSON ACTING AS SURROGATE ASSUME INTERIM PARENTAL RESPONSIBILITY
FOR THE CHILD BORN AND SHARE DECISION MAKING, EXCEPT THAT THE INTENDED
PARENT OR PARENTS WILL ASSUME FULL FINANCIAL RESPONSIBILITY, UNTIL THE
PERSON ACTING AS SURROGATE UNDER THE TERMS OF A GENETIC SURROGACY AGREE-
MENT HAS SUBMITTED A WRITTEN DECLARATION TO THE COURT NO SOONER THAN
EIGHT DAYS FOLLOWING THE BIRTH OF ANY CHILDREN STATING THAT THEY ARE
VOLUNTARILY CONSENTING TO DISCLAIM AND RENOUNCE THEIR PARENTAL RIGHTS,
AND CONSENTING TO AN ADOPTION PROCEEDING. ONCE THE ADOPTION PROCEEDING
IS COMPLETED, THE INTENDED PARENT OR PARENTS IS, BY OPERATION OF LAW, A
PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS SURROGATE NOR THE
PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
10. IF A GENETIC SURROGACY AGREEMENT IS DEFECTIVE IN MATERIAL AND
NON-TECHNICAL WAYS, THE COURT SHALL ENFORCE ONLY SUCH PROVISIONS AS
JUSTICE REQUIRES, EXCEPT THAT UNLESS THE PERSON ACTING AS SURROGATE HAS
DISCLAIMED AND RENOUNCED PARENTAL RIGHTS AND OBLIGATIONS, AND CONSENTED
TO AN ADOPTION NO SOONER THAN EIGHT DAYS AFTER THE BIRTH OF THE CHILD,
THE COURT SHALL NOT TERMINATE THEIR PARENTAL STATUS, RIGHTS OR OBLI-
GATIONS.
11. IN THE ABSENCE OF A GENETIC SURROGACY AGREEMENT, THE PERSON WHO
GIVES BIRTH TO A CHILD IS THE PARENT OF THAT CHILD, AND ASSUMES THE
A. 9847 35
RIGHTS AND OBLIGATIONS OF A PARENT AND ANY INTENDED PARENT WHO HAS
CONTRIBUTED GENETIC MATERIAL SHALL ALSO BE A PARENT OF THE CHILD, AND
ASSUME THE RIGHTS AND RESPONSIBILITIES OF A PARENT, AND THE COURT SHALL
DETERMINE CHILD SUPPORT AND ESTABLISH A PARENTING SCHEDULE ACCORDING TO
THE BEST INTERESTS OF THE CHILD AND SUCH OTHER LAWS OF THIS STATE AS ARE
APPLICABLE. IF NEITHER INTENDED PARENT HAS CONTRIBUTED GENETIC MATERIAL,
THE PERSON ACTING AS SURROGATE SHALL BE THE SOLE PARENT AND CAN RETAIN
THEIR PARENTAL STATUS AND OBLIGATIONS OR SURRENDER THE CHILD FOR
ADOPTION BY AN INTENDED PARENT OR BOTH OF THEM PROVIDED THEY MEET THE
REQUIREMENTS OF LAW OR IF THEY DECLINE TO ADOPT, THEN TO OTHERS IN
ACCORDANCE WITH LAW.
12. (A) ANY DISPUTE WHICH IS RELATED TO A GENETIC SURROGACY AGREEMENT
SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES ACCORDING TO THE
REQUIREMENTS OF THIS SECTION, THE VALID TERMS OF THE AGREEMENT AND SUCH
OTHER LAWS AS MAY BE APPLICABLE.
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE GENETIC SURROGACY AGREEMENT,
THE INTENDED PARENT OR PARENTS AND THE PERSON ACTING AS SURROGATE SHALL
BE ENTITLED TO ALL REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE
RELATED TO THE GENETIC SURROGACY AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE PERSON ACTING AS SURROGATE OF A GENETIC SURROGACY AGREE-
MENT TERM.
§ 5. Section 123 of the domestic relations law is REPEALED.
§ 6. Section 124 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 124. Proceedings regarding parental rights, status or obligations.
In any action or proceeding involving a dispute between the [birth moth-
er] PERSON ACTING AS SURROGATE and [(i) the genetic father, (ii) the
genetic mother, (iii) both the genetic father and genetic mother, or
(iv) the parent or parents of the genetic father or genetic mother] ANY
PARTY WITH A CLAIM TO LEGAL PARENTAGE PURSUANT TO A GENETIC SURROGACY
AGREEMENT, regarding parental rights, status or obligations with respect
to a child born pursuant to a [surrogate parenting contract] GENETIC
SURROGACY AGREEMENT:
1. the court shall not consider the [birth mother's] PERSON ACTING AS
SURROGATE'S participation in a [surrogate parenting contract] GENETIC
SURROGACY AGREEMENT as adverse to [her] THEIR parental rights, status,
or obligations; and
2. the court, having regard to the circumstances of the case and of
the respective parties including the parties' relative ability to pay
such fees and expenses, in its discretion and in the interests of
justice, may award to either party reasonable and actual counsel fees
and legal expenses incurred in connection with such action or proceed-
ing. Such award may be made in the order or judgment by which the
particular action or proceeding is finally determined, or by one or
more orders from time to time before the final order or judgment, or by
both such order or orders and the final order or judgment; provided,
however, that in any dispute involving a [birth mother] PERSON ACTING AS
SURROGATE who has executed a valid surrender or consent to the adoption,
nothing in this section shall empower a court to make any award that it
would not otherwise be empowered to direct.
§ 7. Section 4135-b of the public health law, as added by chapter 59
of the laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of
the laws of 2013, and subdivision 3 as amended by chapter 170 of the
laws of 1994, is amended to read as follows:
A. 9847 36
§ 4135-b. Voluntary acknowledgments of [paternity] PARENTAGE; child
born out of wedlock. 1. (a) Immediately preceding or following the
in-hospital birth of a child to an unmarried [woman] PERSON OR TO A
PERSON WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH ASSISTED
REPRODUCTION, the person in charge of such hospital or his or her desig-
nated representative shall provide to the [child's mother and] UNMARRIED
PERSON WHO GAVE BIRTH TO THE CHILD AND THE putative father, if such
father IS READILY IDENTIFIABLE AND AVAILABLE, OR TO THE PERSON WHO GAVE
BIRTH AND THE OTHER INTENDED PARENT OF A CHILD CONCEIVED THROUGH
ASSISTED REPRODUCTION IF SUCH PERSON is readily identifiable and avail-
able, the documents and written instructions necessary for such mother
and putative [father] PERSONS to complete an acknowledgment of [paterni-
ty] PARENTAGE witnessed by two persons not related to the signatory.
Such acknowledgment, if signed by both parties, at any time following
the birth of a child, shall be filed with the registrar at the same time
at which the certificate of live birth is filed, if possible, or anytime
thereafter. Nothing herein shall be deemed to require the person in
charge of such hospital or his or her designee to seek out or otherwise
locate a putative father OR INTENDED PARENT OF A CHILD CONCEIVED THROUGH
ASSISTED REPRODUCTION who is not readily identifiable or available.
(B) THE FOLLOWING PERSONS MAY SIGN AN ACKNOWLEDGMENT OF PARENTAGE TO
ESTABLISH THE PARENTAGE OF THE CHILD:
(I) AN UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND ANOTHER PERSON
WHO IS A GENETIC PARENT.
(II) A MARRIED OR UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND
ANOTHER PERSON WHO IS AN INTENDED PARENT UNDER SECTION 581-303 OF THE
FAMILY COURT ACT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
(C) AN ACKNOWLEDGMENT OF PARENTAGE SHALL BE IN A RECORD SIGNED BY THE
PERSON WHO GAVE BIRTH TO THE CHILD AND BY EITHER THE BIOLOGICALLY-RELAT-
ED PARENT OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD OR A PERSON
WHO IS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF THE
CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
(D) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
(I) THE PERSON GIVING BIRTH TO THE CHILD HAS NOT SIGNED THE ACKNOWL-
EDGMENT OF PARENTAGE;
(II) A PERSON OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD OR A
PERSON SEEKING TO ESTABLISH PARENTAGE THROUGH AN ACKNOWLEDGMENT OF
PARENTAGE IS A PRESUMED PARENT OF THE CHILD UNDER SECTION TWENTY-FOUR OF
THE DOMESTIC RELATIONS LAW;
(III) ANOTHER PERSON HAS SIGNED A VALID ACKNOWLEDGMENT OF PARENTAGE
WITH REGARD TO THE CHILD;
(IV) THE CHILD HAS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT
ACT OTHER THAN THE SIGNATORIES;
(V) THE PERSON SEEKING TO ESTABLISH PARENTAGE IS A GAMETE PROVIDER
UNDER SECTION 581-302 OF THE FAMILY COURT ACT;
(VI) THE PERSON SEEKING TO ESTABLISH PARENTAGE ASSERTS THAT HE OR SHE
IS A PARENT UNDER SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
(VII) THE PERSON SEEKING TO ESTABLISH PARENTAGE ASSERTS THAT HE OR SHE
IS A PARENT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION AND THE
PERSON IS IN FACT, NOT A PARENT UNDER SECTION 581-303 OF THE FAMILY
COURT ACT.
(E) The acknowledgment shall be executed on a form provided by the
commissioner developed in consultation with the appropriate commissioner
of the department of family assistance, which shall include the social
security number of the [mother] PERSON WHO GAVE BIRTH TO THE CHILD and
A. 9847 37
of the [putative father] ACKNOWLEDGED PARENT and provide in plain
language (i) a statement by the [mother] PERSON WHO GAVE BIRTH TO THE
CHILD consenting to the acknowledgment of [paternity] PARENTAGE and a
statement that the [putative father] ACKNOWLEDGED PARENT is the only
possible [father] OTHER BIOLOGICALLY-RELATED PARENT OR THAT THE ACKNOWL-
EDGED PARENT IS AN INTENDED PARENT AND THE CHILD WAS CONCEIVED THROUGH
ASSISTED REPRODUCTION, (ii) a statement by the putative father, IF ANY,
that he is the biological father of the child, and (iii) a statement
that the signing of the acknowledgment of [paternity] PARENTAGE by both
parties shall have the same force and effect as an order of filiation
entered after a court hearing by a court of competent jurisdiction,
including an obligation to provide support for the child except that,
only if filed with the registrar of the district in which the birth
certificate has been filed, will the acknowledgment have such force and
effect with respect to inheritance rights.
[(b)] (F) Prior to the execution of an acknowledgment of [paternity]
PARENTAGE, the [mother] PERSON WHO GAVE BIRTH TO THE CHILD and the
[putative father] OTHER SIGNATORY shall be provided orally, which may be
through the use of audio or video equipment, and in writing with such
information as is required pursuant to this section with respect to
their rights and the consequences of signing a voluntary acknowledgment
of [paternity] PARENTAGE including, but not limited to:
(i) that the signing of the acknowledgment of [paternity] PARENTAGE
shall establish the [paternity] PARENTAGE of the child and shall have
the same force and effect as an order of [paternity] PARENTAGE or filia-
tion issued by a court of competent jurisdiction establishing the duty
of both parties to provide support for the child;
(ii) that if such an acknowledgment is not made, the [putative father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be held
liable for support only if the family court, after a hearing, makes an
order declaring that the [putative father] PERSON is the [father] PARENT
of the child whereupon the court may make an order of support which may
be retroactive to the birth of the child;
(iii) that if made a respondent in a proceeding to establish [paterni-
ty] PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON WHO
GAVE BIRTH TO THE CHILD has a right to free legal representation if
indigent;
(iv) that [the putative father] AN ALLEGED GENETIC PARENT has a right
to a genetic marker test or to a DNA test when available;
(v) that by executing the acknowledgment, the [putative father]
ALLEGED GENETIC PARENT waives [his] THEIR right to a hearing, to which
[he] THEY would otherwise be entitled, on the issue of [paternity]
PARENTAGE;
(vi) that a copy of the acknowledgment of [paternity] PARENTAGE shall
be filed with the putative father registry pursuant to section three
hundred seventy-two-c of the social services law, and that such filing
may establish the child's right to inheritance from the putative father
pursuant to clause (B) of subparagraph two of paragraph (a) of section
4-1.2 of the estates, powers and trusts law;
(vii) that, if such acknowledgment is filed with the registrar of the
district in which the birth certificate has been filed, such acknowledg-
ment will establish inheritance rights from the putative father OR THE
OTHER INTENDED PARENT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION
pursuant to clause (A) of subparagraph two of paragraph (a) of section
4-1.2 of the estates, powers and trusts law;
A. 9847 38
(viii) that no further judicial or administrative proceedings are
required to ratify an unchallenged acknowledgment of [paternity] PARENT-
AGE provided, however, that:
(A) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
attained the age of eighteen at the time of execution of the acknowledg-
ment, shall have the right to rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating to the
child in which the signatory is a party, provided that the "date of an
administrative or a judicial proceeding" shall be the date by which the
respondent is required to answer the petition;
(B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
not attained the age of eighteen at the time of execution of the
acknowledgment, shall have the right to rescind the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child, whichever is earli-
er; provided, however, that the signatory must have been advised at such
proceeding of his or her right to file a petition to vacate the acknowl-
edgment within sixty days of the date of such proceeding;
(ix) that after the expiration of the time limits set forth in clauses
(A) and (B) of subparagraph (viii) of this paragraph, any of the signa-
tories may challenge the acknowledgment of [paternity] PARENTAGE in
court only on the basis of fraud, duress, or material mistake of fact,
with the burden of proof on the party challenging the voluntary acknowl-
edgment;
(x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys before
executing the acknowledgment; and that they have the right to seek legal
representation and supportive services including counseling regarding
such acknowledgment;
(xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
TO THE CHILD establishing custody and visitation rights to the child and
for requiring the [putative father's] consent OF THE SIGNATORY OTHER
THAN THE PERSON WHO GAVE BIRTH TO THE CHILD prior to an adoption
proceeding;
(xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO THE
CHILD to sign the acknowledgment shall not be deemed a failure to coop-
erate in establishing [paternity for] PARENTAGE OF the child; and
(xiii) that the child may bear the last name of either parent, OR ANY
COMBINATION THEREOF, which name shall not affect the legal status of the
child.
In addition, the governing body of such hospital shall insure that
appropriate staff shall provide to the [child's mother and putative
father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY,
prior to the [mother's] discharge from the hospital OF THE PERSON WHO
GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
obtain clarifying information and answers to their questions about
[paternity] PARENTAGE establishment, and shall also provide the tele-
phone number of the local support collection unit.
[(c)] (G) Within ten days after receiving the certificate of birth,
the registrar shall furnish without charge to each parent or guardian of
the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
A. 9847 39
nated by her for that purpose, a certified copy of the certificate of
birth and, if applicable, a certified copy of the written acknowledgment
of [paternity] PARENTAGE. If the [mother] PERSON WHO GAVE BIRTH is in
receipt of child support enforcement services pursuant to title six-A of
article three of the social services law, the registrar also shall
furnish without charge a certified copy of the certificate of birth and,
if applicable, a certified copy of the written acknowledgment of [pater-
nity] PARENTAGE to the social services district of the county within
which the [mother] PERSON WHO GAVE BIRTH resides.
2. (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
ily pursuant to section one hundred eleven-k of the social services law,
the social services official shall file the executed acknowledgment with
the registrar of the district in which the birth occurred and in which
the birth certificate has been filed.
(b) Where a child's [paternity] PARENTAGE has not been acknowledged
voluntarily pursuant to paragraph (a) of subdivision one of this section
or paragraph (a) of this subdivision, the [child's mother and the puta-
tive father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant to
this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
(c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
attained the age of eighteen at the time of execution of the acknowledg-
ment shall have the right to rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating to the
child in which either signatory is a party; provided that for purposes
of this section, the "date of an administrative or a judicial proceed-
ing" shall be the date by which the respondent is required to answer the
petition.
(d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
not attained the age of eighteen at the time of execution of the
acknowledgment, shall have the right to rescind the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the signa-
tory is a party, whichever is earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
(e) After the expiration of the time limits set forth in paragraphs
(c) and (d) of this subdivision, any of the signatories may challenge
the acknowledgment of [paternity] PARENTAGE in court only on the basis
of fraud, duress, or material mistake of fact, with the burden of proof
on the party challenging the voluntary acknowledgment. The acknowledg-
ment shall have full force and effect once so signed. The original or a
copy of the acknowledgment shall be filed with the registrar of the
district in which the birth certificate has been filed.
3. (a) An EXECUTED acknowledgment of [paternity] PARENTAGE executed by
[the mother and father of a child born out of wedlock] ANY TWO PEOPLE
ELIGIBLE TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION, MARRIED OR UNMARRIED, shall establish the
[paternity] PARENTAGE of a child and shall have the same force and
effect as an order of [paternity] PARENTAGE or filiation issued by a
court of competent jurisdiction. Such acknowledgement shall thereafter
A. 9847 40
be filed with the registrar pursuant to subdivision one or two of this
section.
(b) A registrar with whom an acknowledgment of [paternity] PARENTAGE
has been filed pursuant to subdivision one or two of this section shall
file the acknowledgment with the state department of health and the
putative father registry.
4. THE COURT SHALL GIVE FULL FAITH AND CREDIT TO AN ACKNOWLEDGMENT OF
PARENTAGE EFFECTIVE IN ANOTHER STATE IF THE ACKNOWLEDGMENT WAS IN A
SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAW OF THE OTHER STATE.
5. A new certificate of birth shall be issued if the certificate of
birth of [a] THE child [born out of wedlock] as defined in paragraph (b)
of subdivision one of section four thousand one hundred thirty-five of
this article has been filed without entry of the name of the [father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH, and the commissioner
thereafter receives a notarized acknowledgment of [paternity] PARENTAGE
accompanied by the written consent of the [putative father and mother]
PERSON WHO GAVE BIRTH TO THE CHILD AND OTHER SIGNATORY to the entry of
the name of such [father] PERSON, which consent may also be to a change
in the surname of the child.
6. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF PARENTAGE SIGNED
PURSUANT TO THIS SECTION OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
LAW OF THAT STATE.
§ 8. The article heading of article 8 of the domestic relations law,
as added by chapter 308 of the laws of 1992, is amended to read as
follows:
[SURROGATE PARENTING CONTRACTS] GENETIC SURROGACY
§ 9. The general business law is amended by adding a new article 44 to
read as follows:
ARTICLE 44
REGULATION OF SURROGACY PROGRAMS, THIRD-PARTY GAMETE PROVISION
SERVICE PROVIDERS AND ASSISTED REPRODUCTION SERVICE PROVIDERS
SECTION 1400. DEFINITIONS.
1401. SURROGACY PROGRAMS REGULATED UNDER THIS ARTICLE.
1402. THIRD-PARTY GAMETE PROVISION SERVICE PROVIDERS REGULATED
UNDER THIS ARTICLE.
1403. ASSISTED REPRODUCTION SERVICE PROVIDERS REGULATED UNDER
THIS ARTICLE.
1404. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' AND GAMETE
PROVIDERS' BILL OF RIGHTS.
1405. REGULATIONS.
§ 1400. DEFINITIONS. AS USED IN THIS SECTION:
1. THE DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT ACT SHALL
APPLY.
2. "PAYMENT" MEANS ANY TYPE OF MONETARY COMPENSATION OR OTHER VALU-
ABLE CONSIDERATION INCLUDING BUT NOT LIMITED TO A REBATE, REFUND,
COMMISSION, UNEARNED DISCOUNT, OR PROFIT BY MEANS OF CREDIT OR OTHER
VALUABLE CONSIDERATION.
3. "SURROGACY PROGRAM" DOES NOT INCLUDE ANY PARTY TO A SURROGACY,
INCLUDING A GENETIC SURROGACY, AGREEMENT OR ANY PERSON LICENSED TO PRAC-
TICE LAW AND REPRESENTING A PARTY TO THE SURROGACY AGREEMENT, BUT DOES
INCLUDE AND IS NOT LIMITED TO ANY AGENCY, AGENT, BUSINESS OR SURROGACY
AGREEMENT COORDINATOR, THAT IS LICENSED BY THE DEPARTMENT OF HEALTH,
WITH THE EXCEPTION OF SURROGACY AGREEMENT COORDINATORS, AND REGISTERED
WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR, AND ENGAGED IN,
A. 9847 41
ARRANGING, OR FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY
AGREEMENT, REGARDLESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH
THE REQUIREMENTS OF ARTICLE FIVE-C OF THE FAMILY COURT ACT OR ARTICLE
EIGHT OF THE DOMESTIC RELATIONS LAW.
4. "SURROGACY AGREEMENT COORDINATOR" DOES NOT INCLUDE ANY PARTY TO A
SURROGACY, INCLUDING A GENETIC SURROGACY, AGREEMENT OR ANY PERSON
LICENSED TO PRACTICE LAW AND REPRESENTING A PARTY TO THE AGREEMENT, BUT
DOES INCLUDE A LICENSED LAWYER OR SOCIAL WORKER ENGAGED IN, ARRANGING,
OR FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT,
REGARDLESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE
REQUIREMENTS OF ARTICLE FIVE-C OF THE FAMILY COURT ACT OR ARTICLE EIGHT
OF THE FAMILY COURT ACT.
§ 1401. SURROGACY PROGRAMS REGULATED UNDER THIS ARTICLE. THE
PROVISIONS OF THIS ARTICLE APPLY TO SURROGACY PROGRAMS ARRANGING OR
FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY, INCLUDING A
GENETIC SURROGACY, AGREEMENT UNDER PART FOUR OF ARTICLE FIVE-C OF THE
FAMILY COURT ACT OR ARTICLE EIGHT OF THE DOMESTIC RELATIONS LAW IF:
1. THE SURROGACY PROGRAM DOES BUSINESS IN THE STATE;
2. A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY, INCLUDING
GENETIC SURROGACY, AGREEMENT RESIDES IN THIS STATE DURING THE TERM OF
THE SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENT;
3. ANY MEDICAL PROCEDURES UNDER THE SURROGACY, INCLUDING GENETIC
SURROGACY, AGREEMENT ARE PERFORMED IN THIS STATE; OR
4. THE SURROGACY PROGRAM PROVIDES ANY OF THE FOLLOWING SERVICES:
(I) SURROGATE RECRUITMENT; OR
(II) SURROGATE MATCHING.
§ 1402. THIRD-PARTY GAMETE PROVISION SERVICE PROVIDERS REGULATED UNDER
THIS ARTICLE. 1. THE PROVISIONS OF THIS ARTICLE APPLY TO AGENTS, GAMETE
BANKS, FERTILITY CLINICS, AND OTHER ENTITIES ARRANGING OR FACILITATING
TRANSACTIONS CONTEMPLATED BY A THIRD-PARTY GAMETE PROVISION AGREEMENT
UNDER PART FIVE OF ARTICLE FIVE-C OF THE FAMILY COURT ACT IF:
(A) THE AGENT, GAMETE BANK, FERTILITY CLINIC, OR OTHER ENTITY DOES
BUSINESS IN THIS STATE;
(B) A GAMETE PROVIDER WHO IS PARTY TO A THIRD-PARTY GAMETE PROVISION
AGREEMENT RESIDES IN THIS STATE DURING THE TERM OF THE THIRD-PARTY
GAMETE PROVISION AGREEMENT;
(C) ANY MEDICAL PROCEDURES UNDER THE GAMETE PROVISION AGREEMENT ARE
PERFORMED IN THIS STATE; OR
(D) THE AGENT, GAMETE BANK, FERTILITY CLINIC, OR OTHER ENTITY PROVIDES
ANY OF THE FOLLOWING SERVICES:
(I) THIRD-PARTY GAMETE PROVISION;
(II) THIRD-PARTY EMBRYO PROVISION;
(III) GAMETE FREEZING;
(IV) GAMETE PROVIDER RECRUITMENT; OR
(V) GAMETE PROVIDER MATCHING.
§ 1403. ASSISTED REPRODUCTION SERVICE PROVIDERS REGULATED UNDER THIS
ARTICLE. THE PROVISIONS OF THIS ARTICLE APPLY TO FERTILITY CLINICS,
OTHER HEALTH CARE FACILITIES, AND HEALTH CARE PRACTITIONERS THAT PROVIDE
ASSISTED REPRODUCTION SERVICES TO INTENDED PARENTS NOT USING SURROGACY
UNDER THIS ARTICLE WHEN:
1. THE FERTILITY CLINIC, OTHER HEALTH CARE FACILITY, OR HEALTH CARE
PRACTITIONER THAT PROVIDES ASSISTED REPRODUCTION SERVICES TO INTENDED
PARENTS NOT USING SURROGACY DOES BUSINESS IN NEW YORK STATE.
2. THE FERTILITY CLINIC, OTHER HEALTH CARE FACILITY, OR HEALTH CARE
PRACTITIONER PROVIDES ANY OF THE FOLLOWING ASSISTED REPRODUCTION
SERVICES TO INTENDED PARENTS NOT USING SURROGACY:
A. 9847 42
(A) INTRAUTERINE OR VAGINAL INSEMINATION; OR
(B) IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS.
§ 1404. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' AND GAMETE PROVIDERS' BILL OF
RIGHTS. A SURROGACY PROGRAM TO WHICH THIS ARTICLE APPLIES:
1. MUST KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE INTENDED PARENT OR
PARENTS IN A SEPARATE, LICENSED ESCROW FUND;
2. MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT;
3. MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY PERSON LICENSED TO PRACTICE LAW AND REPRESENTING A PARTY TO THE
SURROGACY AGREEMENT IN CONNECTION WITH THE REFERRAL OF ANY PERSON OR
PARTY FOR THE PURPOSE OF A SURROGACY AGREEMENT;
4. MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY HEALTH CARE PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT;
5. MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY HEALTH CARE PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT;
6. MUST BE LICENSED BY THE DEPARTMENT OF HEALTH AND REGISTERED WITH
THE OFFICE OF ASSISTED REPRODUCTION REGISTRAR PURSUANT TO REGULATIONS
PROMULGATED BY THE DEPARTMENT OF FINANCIAL SERVICES IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH; AND
7. MUST ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY, INCLUDING A
GENETIC SURROGACY, AGREEMENT, AT THE TIME OF CONSULTATION WITH SUCH
SURROGACY PROGRAM, ARE PROVIDED WITH WRITTEN NOTICE OF THE SURROGATES'
AND GAMETE PROVIDERS' BILL OF RIGHTS, AS APPLICABLE, ENUMERATED IN PARTS
EIGHT AND NINE OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 1405. REGULATIONS. 1. THE DEPARTMENT OF FINANCIAL SERVICES, IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROMULGATE REGULATIONS
TO IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE REGARDING SURROGACY
PROGRAMS, IN A MANNER THAT PRIORITIZES THE SHORT- AND LONG-TERM HEALTH
AND SAFETY OF GAMETE PROVIDERS, PERSONS ACTING AS SURROGATES, AND ANY
CHILDREN CONCEIVED BY ASSISTED REPRODUCTION WITH THIRD-PARTY GAMETES, IF
APPLICABLE, AND BORN THROUGH SURROGACY, INCLUDING GENETIC SURROGACY,
INCLUDING BUT NOT LIMITED TO, REGULATIONS:
(A) MANDATING SURROGACY PROGRAMS TO BE LICENSED BY THE DEPARTMENT OF
HEALTH, WITH THE EXCEPTION OF SURROGACY AGREEMENT COORDINATORS, AND
REGISTERED WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR AND TO
MAINTAIN ACTIVE REGISTRATION STATUS; AND
(B) REQUIRING SURROGACY PROGRAMS:
(I) TO VERIFY WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR
THAT A POTENTIAL PERSON ACTING AS SURROGATE HAS NOT ALREADY GIVEN BIRTH
TO A TOTAL OF FOUR CHILDREN, WHETHER OR NOT PURSUANT TO A SURROGACY,
INCLUDING GENETIC SURROGACY, AGREEMENT PRIOR TO THE EXECUTION OF A
SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENT;
(II) TO REPORT THE PERSON ACTING AS SURROGATE'S PARTICIPATION IN THE
SURROGACY, INCLUDING GENETIC SURROGACAY, AGREEMENT TO THE OFFICE OF THE
ASSISTED REPRODUCTION REGISTRAR;
(III) TO REPORT ANY PREGNANCY OUTCOMES THAT RESULT FROM THE SURROGACY,
INCLUDING GENETIC SURROGACY, AGREEMENT TO THE OFFICE OF THE ASSISTED
REPRODUCTION REGISTRAR;
(IV) TO MONITOR COMPLIANCE WITH AGREEMENT ELIGIBILITY AND PROVISION
REQUIREMENTS AND STATE LAW;
A. 9847 43
(V) TO PROVIDE A COPY OF SURROGACY, INCLUDING GENETIC SURROGACY,
AGREEMENTS, ONCE EXECUTED, TO THE OFFICE OF THE ASSISTED REPRODUCTION
REGISTRAR;
(VI) TO ADMINISTER AN INFORMED CONSENT PROCEDURE THAT COMPLIES WITH
REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH;
(VII) TO VERIFY WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR
WHETHER EACH PERSON WHO ACTS AS SURROGATE AND EACH INTENDED PARENT WHO
EXECUTES A SURROGACY AGREEMENT BROKERED BY THE SURROGACY PROGRAM ALREADY
HAS AN ASSIGNED IDENTIFICATION NUMBER, AND IF NOT, TO ASSIGN THE IDEN-
TIFICATION NUMBER AND PROVIDE IT TO THE OFFICE OF THE ASSISTED REPROD-
UCTION REGISTRAR ALONG WITH THE INDIVIDUAL'S IDENTIFYING INFORMATION;
AND
(VIII) TO REPORT CLINICAL DATA FROM SERVICES PROVIDED TO THE DEPART-
MENT OF HEALTH.
2. THE DEPARTMENT OF FINANCIAL SERVICES, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE
REQUIREMENTS OF THIS ARTICLE REGARDING ASSISTED REPRODUCTION SERVICE
PROVIDERS, IN A MANNER THAT PRIORITIZES THE SHORT- AND LONG-TERM HEALTH
AND SAFETY OF INTENDED PARENTS AND ANY CHILDREN CONCEIVED BY ASSISTED
REPRODUCTION, INCLUDING BUT NOT LIMITED TO:
(A) MANDATING ASSISTED REPRODUCTION SERVICE PROVIDERS TO BE LICENSED
BY THE DEPARTMENT OF HEALTH AND REGISTERED WITH THE OFFICE OF THE
ASSISTED REPRODUCTION REGISTRAR, AND TO MAINTAIN ACTIVE REGISTRATION
STATUS; AND
(B) REQUIRING ASSISTED REPRODUCTION SERVICE PROVIDERS:
(I) TO VERIFY WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR
WHETHER EACH INTENDED PARENT WHO RECEIVES ASSISTED REPRODUCTION
SERVICES ALREADY HAS AN ASSIGNED IDENTIFICATION NUMBER, AND IF NOT, TO
ASSIGN THE IDENTIFICATION NUMBER AND PROVIDE IT TO THE OFFICE OF THE
ASSISTED REPRODUCTION REGISTRAR ALONG WITH THE INDIVIDUAL'S IDENTIFYING
INFORMATION;
(II) TO ADMINISTER AN INFORMED CONSENT PROCEDURE THAT COMPLIES WITH
REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH; AND
(III) TO REPORT CLINICAL DATA FROM SERVICES PROVIDED AND ANY PREGNANCY
OUTCOMES TO THE STATE DEPARTMENT OF HEALTH.
3. THE DEPARTMENT OF FINANCIAL SERVICES, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE
REQUIREMENTS OF THIS ARTICLE REGARDING THIRD-PARTY GAMETE PROVISION
SERVICE PROVIDERS, IN A MANNER THAT PRIORITIZES THE SHORT- AND LONG-TERM
HEALTH AND SAFETY OF GAMETE PROVIDERS AND ANY CHILDREN CONCEIVED BY
ASSISTED REPRODUCTION, INCLUDING BUT NOT LIMITED TO:
(A) MANDATING THIRD-PARTY GAMETE PROVISION SERVICE PROVIDERS TO BE
LICENSED BY THE DEPARTMENT OF HEALTH AND REGISTERED WITH THE CENTRAL,
CONFIDENTIAL ASSISTED REPRODUCTION REGISTRY AND TO MAINTAIN ACTIVE
REGISTRATION STATUS;
(B) REQUIRING THIRD-PARTY GAMETE PROVISION SERVICE PROVIDERS:
(I) TO VERIFY WITH THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR
WHETHER EACH GAMETE PROVIDER AND EACH INTENDED PARENT, IF APPLICABLE,
WHO EXECUTES A THIRD-PARTY GAMETE PROVISION AGREEMENT BROKERED BY THE
ENTITY ALREADY HAS AN ASSIGNED IDENTIFICATION NUMBER, AND IF NOT, TO
ASSIGN THE IDENTIFICATION NUMBER AND PROVIDE IT TO THE OFFICE OF THE
ASSISTED REPRODUCTION REGISTRAR ALONG WITH THE INDIVIDUAL'S IDENTIFYING
INFORMATION;
(II) TO ADMINISTER AN INFORMED CONSENT PROCEDURE THAT COMPLIES WITH
REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH; AND
A. 9847 44
(III) TO REPORT CLINICAL DATA FROM SERVICES PROVIDED AND ANY PREGNANCY
AND LIVE BIRTH OUTCOMES TO THE DEPARTMENT OF HEALTH.
4. THE DEPARTMENT OF FINANCIAL SERVICES SHALL ANNUALLY REPORT TO THE
STATE LEGISLATURE REGARDING THE PRACTICES OF SURROGACY PROGRAMS AND
THIRD-PARTY GAMETE PROVISION SERVICE PROVIDERS AND ALL BUSINESS TRANS-
ACTIONS RELATED TO SURROGACY AND THIRD-PARTY GAMETE PROVISION IN THE
STATE, WITH RECOMMENDATIONS FOR ANY NECESSARY AMENDMENTS TO THIS ARTI-
CLE.
§ 10. The public health law is amended by adding a new article 25-B to
read as follows:
ARTICLE 25-B
ASSISTED REPRODUCTION
SECTION 2599-CC. ASSISTED REPRODUCTION.
2599-DD. THIRD-PARTY GAMETE PROVISION.
2599-EE. SURROGACY.
2599-FF. GENETIC SURROGACY.
2599-GG. NEW YORK STATE OFFICE OF THE ASSISTED REPRODUCTION
REGISTRAR.
2599-HH. CENTRAL, CONFIDENTIAL ASSISTED REPRODUCTION REGISTRY.
2599-II. THIRD-PARTY GAMETE PROVISION AND PARENTAGE.
2599-JJ. GAMETE PROVIDER IDENTITY DISCLOSURE.
§ 2599-CC. ASSISTED REPRODUCTION. THE COMMISSIONER, IN CONSULTATION
WITH THE TASK FORCE ON LIFE AND THE LAW, SHALL PROMULGATE REGULATIONS ON
THE PROVISION OF ASSISTED REPRODUCTION SERVICES TO INTENDED PARENTS WHO
ARE NOT USING SURROGACY. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO:
1. GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT FROM
INTENDED PARENTS, TO INCLUDE BUT NOT BE LIMITED TO THE INFORMED CONSENT
PROCEDURES FOR INTENDED PARENTS PURSUANT TO SECTION 581-604 OF THE FAMI-
LY COURT ACT, HIGHLIGHTING THE POTENTIAL KNOWN AND UNKNOWN HEALTH RISKS
TO INTENDED PARENTS AND CHILDREN CONCEIVED BY ASSISTED REPRODUCTION, AND
ENSURING THAT INTENDED PARENTS ARE ABLE TO REVIEW AND UNDERSTAND
INFORMED CONSENT MATERIALS;
2. THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO ASSISTED
REPRODUCTION, INCLUDING BUT NOT LIMITED TO THE SCOPE OF INFORMATION
PROVIDED ON THE WEBSITE OF THE HUMAN FERTILISATION & EMBRYOLOGY AUTHORI-
TY OF THE UNITED KINGDOM.
§ 2599-DD. THIRD-PARTY GAMETE PROVISION. THE COMMISSIONER, IN CONSUL-
TATION WITH THE TRANSPLANT COUNCIL OR THE TASK FORCE ON LIFE AND THE
LAW, SHALL PROMULGATE REGULATIONS ON THIRD-PARTY GAMETE PROVISION. SUCH
REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT FROM
GAMETE PROVIDERS AND INTENDED PARENTS, IF APPLICABLE, TO INCLUDE BUT NOT
BE LIMITED TO THE INFORMED CONSENT PROCEDURES FOR GAMETE PROVIDERS LIST-
ED UNDER SECTION 581-602 OF THE FAMILY COURT ACT AND THE INFORMED
CONSENT PROCEDURES FOR INTENDED PARENTS UNDER SECTION 581-604 OF THE
FAMILY COURT ACT, HIGHLIGHTING THE POTENTIAL KNOWN AND UNKNOWN HEALTH
RISKS TO GAMETE PROVIDERS, INTENDED PARENTS, AND CHILDREN CONCEIVED BY
ASSISTED REPRODUCTION, AND ENSURING THAT GAMETE PROVIDERS AND INTENDED
PARENTS, IF APPLICABLE, ARE ABLE TO REVIEW AND UNDERSTAND INFORMED
CONSENT MATERIALS;
2. THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THIRD-PARTY
GAMETE PROVISION, INCLUDING BUT NOT LIMITED TO THE SCOPE OF INFORMATION
A. 9847 45
PROVIDED ON THE WEBSITE OF THE HUMAN FERTILISATION & EMBRYOLOGY AUTHORI-
TY OF THE UNITED KINGDOM; AND
3. GUIDELINES AND PROCEDURES FOR DRAFTING THIRD-PARTY GAMETE PROVISION
AGREEMENTS IN COMPLIANCE WITH PART FIVE OF ARTICLE FIVE-C OF THE FAMILY
COURT ACT.
§ 2599-EE. SURROGACY. THE COMMISSIONER, IN CONSULTATION WITH THE TASK-
FORCE ON LIFE AND THE LAW, SHALL PROMULGATE REGULATIONS ON THE PRACTICE
OF SURROGACY. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT FROM
POTENTIAL PERSONS ACTING AS SURROGATES AND INTENDED PARENTS, TO INCLUDE
BUT NOT BE LIMITED TO THE INFORMED CONSENT PROCEDURES FOR PERSONS ACTING
AS SURROGATE LISTED UNDER SECTION 581-603 OF THE FAMILY COURT ACT AND
THE INFORMED CONSENT PROCEDURES FOR INTENDED PARENTS LISTED UNDER
SECTION 581-604 OF THE FAMILY COURT ACT, HIGHLIGHTING THE POTENTIAL
KNOWN AND UNKNOWN HEALTH RISKS TO PERSONS ACTING AS SURROGATES AND CHIL-
DREN CONCEIVED BY ASSISTED REPRODUCTION AND BORN THROUGH SURROGACY, AND
ENSURING THAT PERSONS ACTING AS SURROGATES AND INTENDED PARENTS ARE ABLE
TO REVIEW AND UNDERSTAND INFORMED CONSENT MATERIALS;
2. THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO SURROGACY;
INCLUDING BUT NOT LIMITED TO THE SCOPE OF INFORMATION PROVIDED ON THE
WEBSITE OF THE HUMAN FERTILISATION & EMBRYOLOGY AUTHORITY OF THE UNITED
KINGDOM; AND
3. GUIDELINES AND PROCEDURES FOR DRAFTING SURROGACY AGREEMENTS IN
COMPLIANCE WITH PART FOUR OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 2599-FF. GENETIC SURROGACY. THE COMMISSIONER SHALL PROMULGATE REGU-
LATIONS ON THE PRACTICE OF GENETIC SURROGACY. SUCH REGULATIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
1. GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT FROM
POTENTIAL PERSONS ACTING AS SURROGATES AND INTENDED PARENTS, TO INCLUDE
BUT NOT BE LIMITED TO THE INFORMED CONSENT PROCEDURES FOR PERSONS ACTING
AS SURROGATES LISTED UNDER SECTION 581-603 OF THE FAMILY COURT ACT AND
THE INFORMED CONSENT PROCEDURES FOR INTENDED PARENTS LISTED UNDER
SECTION 581-604 OF THE FAMILY COURT ACT, HIGHLIGHTING THE POTENTIAL
KNOWN AND UNKNOWN HEALTH RISKS TO PERSONS ACTING AS SURROGATES AND CHIL-
DREN CONCEIVED BY ASSISTED REPRODUCTION AND BORN THROUGH GENETIC SURRO-
GACY, AND ENSURING THAT PERSONS ACTING AS SURROGATES AND INTENDED
PARENTS ARE ABLE TO REVIEW AND UNDERSTAND INFORMED CONSENT MATERIALS;
2. THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO GENETIC
SURROGACY, INCLUDING BUT NOT LIMITED TO THE SCOPE OF INFORMATION
PROVIDED ON THE WEBSITE OF THE HUMAN FERTILISATION & EMBRYOLOGY AUTHORI-
TY OF THE UNITED KINGDOM; AND
3. GUIDELINES AND PROCEDURES FOR DRAFTING GENETIC SURROGACY AGREEMENTS
IN COMPLIANCE WITH SECTION ONE HUNDRED TWENTY-TWO OF THE DOMESTIC
RELATIONS LAW.
§ 2599-GG. NEW YORK STATE OFFICE OF THE ASSISTED REPRODUCTION REGIST-
RAR. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE NEW YORK
STATE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR WHICH SHALL HAVE
EXCLUSIVE JURISDICTION TO EXERCISE THE POWERS AND DUTIES PROVIDED BY
THIS ARTICLE. THE OFFICE SHALL EXERCISE ITS AUTHORITY BY AND THROUGH AN
EXECUTIVE DIRECTOR.
2. THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSIONER.
3. THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR, BY AND THROUGH
ITS EXECUTIVE DIRECTOR, SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
A. 9847 46
(A) TO ISSUE OR REFUSE TO ISSUE REGISTRATIONS AND REGISTRATION
RENEWALS OF SURROGACY PROGRAMS, ASSISTED REPRODUCTION SERVICE PROVIDERS,
THIRD-PARTY GAMETE PROVISION SERVICE PROVIDERS, HEALTH CARE PRACTITION-
ERS, PERSONS ACTING AS SURROGATES, GAMETE PROVIDERS, INTENDED PARENTS
WHO USE ASSISTED REPRODUCTION TO BECOME PREGNANT, PARENTS, AND CHILDREN
CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES, IF APPLI-
CABLE, AND BORN THROUGH SURROGACY, IF APPLICABLE;
(B) TO LIMIT, OR NOT TO LIMIT, THE NUMBER OF REGISTRATIONS TO BE
ISSUED IN A MANNER THAT PRIORITIZES HEALTH AND SAFETY, EVIDENCE-BASED
PRACTICES, AND SOCIAL RESPONSIBILITY;
(C) TO ADMINISTER THE ASSISTED REPRODUCTION REGISTRY AND RESPOND TO
REQUESTS FOR MEDICAL INFORMATION AND IDENTIFYING INFORMATION OF GAMETE
PROVIDERS AND PERSONS ACTING AS SURROGATES;
(D) TO MAINTAIN COPIES OF THIRD-PARTY GAMETE PROVISION AND SURROGACY,
INCLUDING GENETIC SURROGACY, AGREEMENTS, ALONG WITH RELEVANT DOCUMENTS
IN A MANNER THAT PROTECTS CONFIDENTIALITY AND PRIVACY OF INFORMATION;
(E) TO DEVELOP PRINT AND ELECTRONIC MATERIALS WITH EDUCATIONAL INFOR-
MATION, CURRENT BEST PRACTICES, AND RESEARCH FINDINGS ON TOPICS RELATED
TO ASSISTED REPRODUCTIVE TECHNOLOGY, THIRD-PARTY GAMETE PROVISION, AND
SURROGACY, INCLUDING GENETIC SURROGACY; AND
(F) TO DEVELOP CONTENT AND MAINTAIN A WEBSITE WITH INFORMATION AND
RESOURCES ON ASSISTED REPRODUCTION, THIRD-PARTY GAMETE PROVISION, AND
SURROGACY, INCLUDING GENETIC SURROGACY.
4. (A) THE OFFICE SHALL PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND
PROPOSE SUCH RULES, REGULATIONS AND ORDERS AS IT MAY DEEM NECESSARY OR
PROPER TO FULLY EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
(B) THE OFFICE SHALL HAVE THE POWER TO PROMULGATE ANY AND ALL NECES-
SARY RULES AND REGULATIONS GOVERNING ASSISTED REPRODUCTION, THIRD-PARTY
GAMETE PROVISION, AND SURROGACY, INCLUDING GENETIC SURROGACY, PRACTICES
IN THIS STATE.
(C)(I) THE OFFICE SHALL ESTABLISH A SCALE OF REGISTRATION AND RENEWAL
FEES, TO BE PAID BY SURROGACY PROGRAMS, THIRD-PARTY GAMETE PROVISION
SERVICE PROVIDERS, ASSISTED REPRODUCTION SERVICE PROVIDERS, AND HEALTH
CARE PRACTITIONERS. PERSONS ACTING AS SURROGATES, GAMETE PROVIDERS,
INTENDED PARENTS WHO USE ASSISTED REPRODUCTION, AND CHILDREN CONCEIVED
BY ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES, IF APPLICABLE, AND
BORN THROUGH SURROGACY, IF APPLICABLE ARE NOT REQUIRED TO PAY A REGIS-
TRATION OR RENEWAL FEE.
(II) THE OFFICE SHALL CHARGE EACH REGISTERED ENTITY A REGISTRATION AND
RENEWAL FEE, AS APPLICABLE.
(III) ALL REGISTRATION AND RENEWAL FEES SHALL BE SET ON A SCALED BASIS
BY THE OFFICE, DEPENDENT ON THE SIZE AND CAPACITY OF THE ENTITY.
(IV) ALL REGISTRATION AND REGISTRATION RENEWAL FEES COLLECTED BY THE
OFFICE SHALL BE ALLOCATED TO CONTINUING THE WORK OF THE OFFICE, RESEARCH
AND TRACKING OF IMPACTS OF ASSISTED REPRODUCTIVE TECHNOLOGY ON GAMETE
PROVIDERS, PERSONS ACTING AS SURROGATES, INTENDED PARENTS, AND CHILDREN
CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES, IF APPLI-
CABLE, AND BORN THROUGH SURROGACY, INCLUDING GENETIC SURROGACY, IF
APPLICABLE, AND IF THERE IS ANY ADDITIONAL REVENUE AVAILABLE, TO STATE
EFFORTS TO ADDRESS MATERNAL MORBIDITY AND MORTALITY.
5. (A) THE NEW YORK STATE TASK FORCE ON LIFE AND THE LAW SHALL ACT AS
ADVISORY BOARD FOR THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR.
THE ADVISORY BOARD SHALL CONSIDER ALL MATTERS SUBMITTED TO IT BY THE
EXECUTIVE DIRECTOR, INCLUDING RULEMAKING, ADVISING THE OFFICE AND LEGIS-
LATURE ON ASSISTED REPRODUCTION, THIRD-PARTY GAMETE PROVISION, AND
SURROGACY, INCLUDING GENETIC SURROGACY, PRACTICES AND ISSUES.
A. 9847 47
(B) THE EXECUTIVE DIRECTOR OF THE OFFICE SHALL SERVE AS THE CHAIR-
PERSON OF THE BOARD. THE VICE CHAIRPERSON SHALL BE ELECTED FROM AMONG
THE MEMBERS OF THE ADVISORY BOARD BY MEMBERS OF THE BOARD AND SHALL
REPRESENT THE BOARD IN THE ABSENCE OF THE CHAIRPERSON AT ALL OFFICIAL
BOARD FUNCTIONS.
6. THE ACTION, PROCEEDINGS, AUTHORITY, AND ORDERS OF THE OFFICE IN
ENFORCING THE PROVISIONS OF THIS ARTICLE AND APPLYING THEM TO SPECIFIC
CASES SHALL AT ALL TIMES BE REGARDED AS IN THEIR NATURE JUDICIAL AND
SHALL BE TREATED AS PRIMA FACIE JUST AND LEGAL.
§ 2599-HH. CENTRAL, CONFIDENTIAL ASSISTED REPRODUCTION REGISTRY. 1.
THE NEW YORK STATE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR SHALL
ESTABLISH AN ASSISTED REPRODUCTION REGISTRY FOR THE PURPOSES OF:
(A) TRACKING ASSISTED REPRODUCTION, CLINICAL THIRD-PARTY GAMETE
PROVISION AND SURROGACY, INCLUDING GENETIC SURROGACY PRACTICES;
(B) REGISTERING SURROGACY PROGRAMS, AGENTS, GAMETE BANKS, FERTILITY
CLINICS, AND HEALTH CARE PRACTITIONERS PROVIDING ASSISTED REPRODUCTION,
THIRD-PARTY GAMETE PROVISION, AND SURROGACY, INCLUDING GENETIC SURROGA-
CY, SERVICES IN THIS STATE;
(C) TRACKING AND ENFORCING LIMITS ON PARTICIPATION IN SURROGACY,
INCLUDING GENETIC SURROGACY, AND THIRD-PARTY GAMETE PROVISION AGREEMENTS
TO PROTECT THE HEALTH AND SAFETY OF PERSONS ACTING AS SURROGATES AND EGG
PROVIDERS, AND TO MANAGE THE NUMBER OF CHILDREN CONCEIVED BY ASSISTED
REPRODUCTION WITH THE GAMETES OF EACH GAMETE PROVIDER;
(D) FACILITATING RESEARCH ON SHORT- AND LONG-TERM HEALTH OUTCOMES OF
ASSISTED REPRODUCTION, THIRD-PARTY GAMETE PROVISION, AND SURROGACY,
INCLUDING GENETIC SURROGACY, PROCEDURES ON EGG PROVIDERS, PERSONS ACTING
AS SURROGATES, INTENDED PARENTS WHO USE ASSISTED REPRODUCTION TO BECOME
PREGNANT, AND CHILDREN CONCEIVED BY ASSISTED REPRODUCTION USING THIRD-
PARTY GAMETES, IF APPLICABLE, AND BORN THROUGH SURROGACY, IF APPLICABLE;
(E) ENABLING GAMETE PROVIDERS, PERSONS ACTING AS SURROGATES, INTENDED
PARENTS WHO USE ASSISTED REPRODUCTION TO BECOME PREGNANT, AND CHILDREN
CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-PARTY GAMETES, IF APPLI-
CABLE, AND BORN THROUGH SURROGACY, IF APPLICABLE, TO UPDATE THEIR OWN
MEDICAL INFORMATION;
(F) ENABLING CHILDREN CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-
PARTY GAMETES, IF APPLICABLE, AND BORN THROUGH SURROGACY, IF APPLICABLE,
TO RECEIVE MEDICAL INFORMATION ABOUT GAMETE PROVIDERS AND PERSONS ACTING
AS SURROGATES ONCE THEY ATTAIN SIXTEEN YEARS OF AGE, OR THEIR PARENTS OR
GUARDIANS CAN REQUEST THE INFORMATION BEFORE THE CHILD ATTAINS SIXTEEN
YEARS OF AGE;
(G) ENABLING CHILDREN BORN THROUGH SURROGACY TO OBTAIN IDENTIFYING
INFORMATION ABOUT PERSONS ACTING AS SURROGATES ONCE THEY REACH EIGHTEEN
YEARS OF AGE; AND
(H) ENABLING CHILDREN CONCEIVED BY ASSISTED REPRODUCTION TO RECEIVE
IDENTIFYING INFORMATION ONCE THEY ATTAIN EIGHTEEN YEARS OF AGE ABOUT
GAMETE PROVIDERS, IF:
(I) THE GAMETE PROVIDER HAS OPTED TO BE KNOWN;
(II) THE GAMETE PROVIDER IS REGISTERED ON THE REGISTRY AND PROVIDES
CONSENT; AND
(III) THE CHILD HAS REACHED EIGHTEEN YEARS OF AGE AND IS REGISTERED ON
THE REGISTRY.
2. THE ASSISTED REPRODUCTION REGISTRY SHALL BE OPERATED BY EMPLOYEES
OF THE DEPARTMENT SPECIFICALLY DESIGNATED BY THE COMMISSIONER. ACCESS TO
ALL RECORDS AND INFORMATION IN THE REGISTRY SHALL BE LIMITED TO SUCH
DESIGNATED EMPLOYEES AND SUCH RECORDS AND INFORMATION SHALL BE KEPT
STRICTLY CONFIDENTIAL EXCEPT AS SPECIFICALLY AUTHORIZED BY LAW. THE
A. 9847 48
COMMISSIONER SHALL ESTABLISH RULES AND PROCEDURES DESIGNED TO KEEP SUCH
RECORDS AND INFORMATION SEPARATE AND APART FROM OTHER RECORDS OF THE
DEPARTMENT AND KEPT IN A MANNER WHERE ACCESS TO SUCH RECORDS AND INFOR-
MATION IS STRICTLY LIMITED TO SUCH DESIGNATED EMPLOYEES AND SHALL
PROMULGATE REGULATIONS DESIGNED TO EFFECTUATE THE PURPOSES OF THIS
SECTION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR
ANY OTHER LAW TO THE CONTRARY, THE COMMISSIONER SHALL HAVE ACCESS TO THE
INFORMATION AUTHORIZED TO BE RELEASED PURSUANT TO THIS SECTION CONTAINED
IN SURROGACY, INCLUDING GENETIC SURROGACY, AGREEMENTS, THIRD-PARTY
GAMETE PROVISION AGREEMENTS, AND CLINICAL DATA MAINTAINED BY THE OFFICE
OF THE ASSISTED REPRODUCTION REGISTRAR AND ANY AGENCY, COURT OR DEPART-
MENT HAVING APPROPRIATE RECORDS WHICH WILL ENABLE THE COMMISSIONER TO
EFFECTUATE THE PURPOSES OF THIS SECTION AND MAY REQUIRE THE COOPERATION
OF SUCH AGENCY, COURT OR DEPARTMENT IN PROVIDING THE INFORMATION AUTHOR-
IZED TO BE RELEASED PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT
THE COMMISSIONER SHALL NOT HAVE ACCESS TO THE ACTUAL RECORDS OF ANY
AGENCY, COURT OR DEPARTMENT MAINTAINING SUCH RECORDS.
3. THE FOLLOWING PERSONS AND ENTITIES ARE REQUIRED TO REGISTER WITH
THE ASSISTED REPRODUCTION REGISTRY AND TO ANNUALLY RENEW THEIR REGISTRA-
TION IN ORDER TO OPERATE IN THE STATE:
(A) GAMETE BANKS, FERTILITY CLINICS, OTHER HEALTH CARE FACILITIES, AND
INDIVIDUAL HEALTH CARE PRACTITIONER THAT OR WHO PROVIDE ASSISTED REPROD-
UCTION SERVICES IN THE STATE;
(B) SURROGACY PROGRAMS, INCLUDING SURROGACY AGREEMENT COORDINATORS,
THAT OPERATE IN THE STATE OR THAT PROVIDE SERVICES TO RESIDENTS OF THE
STATE;
(C) AGENTS, GAMETE BANKS, FERTILITY CLINICS, AND OTHER HEALTH CARE
FACILITIES THAT PROVIDE THIRD-PARTY GAMETE PROVISION SERVICES IN THE
STATE.
4. (A) AT THE TIME OF EXECUTION OF A SURROGACY, INCLUDING GENETIC
SURROGACY, OR THIRD-PARTY GAMETE PROVISION AGREEMENT, OR OF RECEIVING
ASSISTED REPRODUCTION SERVICES, EACH INTENDED PARENT, GAMETE PROVIDER,
AND PERSON ACTING AS SURROGATE, AS APPLICABLE, SHALL BE GIVEN THE CHOICE
TO REGISTER WITH THE NEW YORK STATE ASSISTED REPRODUCTION REGISTRY, OR
TO OPT OUT OF REGISTERING, IN WRITING. THE DECISION TO OPT-OUT CANNOT BE
CONTRACTUALLY DETERMINED BY EITHER THE SURROGACY, INCLUDING GENETIC
SURROGACY, OR GAMETE PROVISION AGREEMENT, AND THERE SHALL BE NO CONSID-
ERATION GIVEN FOR THE CHOICE TO REGISTER OR TO OPT OUT.
(B) IF AN INTENDED PARENT, GAMETE PROVIDER, OR PERSON ACTING AS SURRO-
GATE CHOOSES TO REGISTER:
(I) THEY WILL BE ABLE TO REQUEST INFORMATION, AND RECEIVE MEDICAL AND
RESEARCH UPDATES FROM THE REGISTRY.
(II) A GAMETE PROVIDER'S IDENTIFYING INFORMATION WILL BE PROVIDED TO A
CHILD CONCEIVED BY ASSISTED REPRODUCTION WITH THEIR GAMETES IF:
(A) THE GAMETE PROVIDER HAS CONSENTED TO DISCLOSE THEIR IDENTITY
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-JJ OF THIS ARTICLE;
(B) THE CHILD REQUESTS THE IDENTIFYING INFORMATION AND HAS ATTAINED
EIGHTEEN YEARS OF AGE, OR IF THE CHILD HAS NOT ATTAINED EIGHTEEN YEARS
OF AGE, THE CHILD'S PARENT REQUESTS THE IDENTIFYING INFORMATION; AND
(C) THE CHILD OR THE CHILD'S PARENT REQUESTING THE IDENTIFYING INFOR-
MATION IS REGISTERED WITH THE REGISTRY.
(C) IF AN INTENDED PARENT, GAMETE PROVIDER, OR PERSON ACTING AS SURRO-
GATE CHOOSES TO OPT OUT OF REGISTERING:
(I) THEY WILL BE UNABLE TO REQUEST INFORMATION, OR RECEIVE MEDICAL OR
RESEARCH UPDATES FROM THE REGISTRY.
A. 9847 49
(II) CLINICAL INFORMATION RELATED TO ASSISTED REPRODUCTION SERVICES,
THIRD-PARTY GAMETE PROVISION, AND SURROGACY, INCLUDING GENETIC SURROGA-
CY, WILL BE SUBMITTED TO THE REGISTRY FOR RESEARCH PURPOSES.
(III) A GAMETE PROVIDER'S NON-IDENTIFYING MEDICAL INFORMATION WILL BE
PROVIDED TO A CHILD CONCEIVED BY ASSISTED REPRODUCTION WITH THEIR
GAMETES IF:
(A) THE CHILD REQUESTS THE NON-IDENTIFYING MEDICAL INFORMATION AND HAS
ATTAINED SIXTEEN YEARS OF AGE, OR IF THE CHILD HAS NOT ATTAINED SIXTEEN
YEARS OF AGE, THE CHILD'S PARENT REQUESTS THE NON-IDENTIFYING MEDICAL
INFORMATION; AND
(B) THE CHILD OR THE CHILD'S PARENT REQUESTING THE NON-IDENTIFYING
MEDICAL INFORMATION IS REGISTERED WITH THE REGISTRY.
(IV) A PERSON ACTING AS SURROGATE'S IDENTIFYING AND NON-IDENTIFYING
MEDICAL INFORMATION, AS APPLICABLE, WILL BE PROVIDED TO A CHILD THEY
GAVE BIRTH TO PURSUANT TO A SURROGACY OR GENETIC SURROGACY AGREEMENT IF:
(A) THE CHILD REQUESTS THE NON-IDENTIFYING MEDICAL INFORMATION AND HAS
ATTAINED SIXTEEN YEARS OF AGE, OR IF THE CHILD HAS NOT ATTAINED SIXTEEN
YEARS OF AGE, THE CHILD'S PARENT REQUESTS THE NON-IDENTIFYING MEDICAL
INFORMATION;
(B) THE CHILD REQUESTS THE IDENTIFYING INFORMATION AND HAS ATTAINED
EIGHTEEN YEARS OF AGE, OR IF THE CHILD HAS NOT ATTAINED EIGHTEEN YEARS
OF AGE, THE CHILD'S PARENT REQUESTS THE IDENTIFYING INFORMATION; AND
(C) THE CHILD OR THE CHILD'S PARENT REQUESTING THE NON-IDENTIFYING
MEDICAL OR IDENTIFYING INFORMATION IS REGISTERED WITH THE REGISTRY.
(V) AN INTENDED PARENT, GAMETE PROVIDER, OR PERSON ACTING AS SURROGATE
MAY SUBMIT THEIR UPDATED NON-IDENTIFYING MEDICAL INFORMATION TO THE
REGISTRY AT ANY TIME.
(VI) AN INTENDED PARENT, GAMETE PROVIDER, AND PERSON ACTING AS SURRO-
GATE MAY CHOOSE TO REGISTER WITH THE REGISTRY AT ANY TIME IN THE FUTURE.
(D) A CHILD CONCEIVED BY ASSISTED REPRODUCTION, WITH THIRD-PARTY
GAMETES, IF APPLICABLE, AND BORN THROUGH SURROGACY, INCLUDING GENETIC
SURROGACY, IF APPLICABLE, IS NOT REQUIRED TO OPT-OUT OF REGISTERING WITH
THE REGISTRY, AND MAY SUBMIT THEIR UPDATED MEDICAL INFORMATION TO THE
REGISTRY AT ANY TIME, BUT IS REQUIRED TO REGISTER IN ORDER TO REQUEST
INFORMATION, OR TO RECEIVE MEDICAL OR RESEARCH UPDATES FROM THE REGIS-
TRY.
5. THE ASSISTED REPRODUCTION REGISTRY SHALL COLLECT AND TRACK DATA AS
FOLLOWS:
(A) THE FOLLOWING CLINICAL AND PARTICIPANT DATA WILL BE COLLECTED FROM
FERTILITY CLINICS, OTHER HEALTH CARE FACILITIES, AND HEALTH CARE PRACTI-
TIONERS THAT PROVIDE ASSISTED REPRODUCTION SERVICES TO INTENDED PARENTS
NOT USING SURROGACY IN NEW YORK STATE:
(I) THE AGE AND SEX OR GENDER OF THE INTENDED PARENT RECEIVING
ASSISTED REPRODUCTION SERVICES AND OF THEIR PARTNER, IF APPLICABLE, AND
WHETHER THE PARTNER'S GENETIC MATERIAL IS BEING USED;
(II) THE NAME OF FERTILITY CLINIC, OTHER HEALTH CARE FACILITY, OR
HEALTH CARE PRACTITIONER THAT PROVIDED THE ASSISTED REPRODUCTION
SERVICES;
(III) MEDICATION AND INSEMINATION OR EMBRYO INCUBATION/TRANSFER PROTO-
COLS, IF APPLICABLE, FOR EACH CYCLE OF OVARIAN STIMULATION FOR EGG
RETRIEVAL OR FERTILITY TREATMENT, ARTIFICIAL INSEMINATION, IUI, OR IVF,
INCLUDING ANY ADD-ON IVF PROCEDURES;
(IV) ANY ADVERSE REACTIONS OR HEALTH COMPLICATIONS DURING THE CYCLE,
AND IF THE CYCLE HAD TO BE TERMINATED;
(V) THE NUMBER OF EGGS RETRIEVED DURING THE CYCLE, IF APPLICABLE;
A. 9847 50
(VI) THE NUMBER OF EMBRYOS TRANSFERRED DURING THE CYCLE, IF APPLICA-
BLE;
(VII) WHETHER THE CYCLE RESULTED IN A CLINICAL PREGNANCY, AND IF SO:
(A) THE NUMBER OF FETUSES CARRIED;
(B) THE OUTCOME OF THE PREGNANCY; AND
(C) IF THE CYCLE RESULTED IN A LIVE BIRTH, THE NUMBER OF CHILDREN
BORN; AND
(VIII) IF THIRD-PARTY GAMETE OR EMBRYO PROVISION WAS USED, WHETHER THE
GAMETES PROVIDED MATERIAL WAS EGGS, SPERM, OR EMBRYOS, AND THE IDENTIFI-
CATION NUMBER OF EACH GAMETE PROVIDER AND THE IDENTIFICATION NUMBERS OF
THE PERSONS WHO PROVIDED GENETIC MATERIAL FOR THE EMBRYO, AS APPLICABLE.
(B) THE FOLLOWING CLINICAL AND PARTICIPANT DATA WILL BE COLLECTED FROM
GAMETE BANKS, FERTILITY CLINICS AND OTHER HEALTH CARE FACILITIES THAT
PROVIDE THIRD-PARTY GAMETE PROVISION SERVICES IN THE STATE:
(I) GAMETE PROVIDER'S NAME OR IDENTIFICATION NUMBER;
(II) GAMETE PROVIDER AGE AND SEX OR GENDER;
(III) THE NAME OF GAMETE BANK, FERTILITY CLINIC OR OTHER HEALTH CARE
FACILITY WHERE GAMETES WERE PROVIDED;
(IV) INJECTION AND MEDICATION PROTOCOL FOR EACH CYCLE OF OVARIAN STIM-
ULATION FOR PURPOSES OF EGG RETRIEVAL;
(V) ANY ADVERSE REACTIONS OR HEALTH COMPLICATIONS DURING THE CYCLE,
AND IF THE CYCLE HAD TO BE TERMINATED;
(VI) THE NUMBER OF EGGS RETRIEVED DURING THE CYCLE;
(VII) FOR EACH EGG PROVIDED, WHETHER SUCH EGG:
(A) RESULTED IN A CLINICAL PREGNANCY AND THE OUTCOME OF THAT PREGNAN-
CY;
(B) WAS USED FOR RESEARCH;
(C) WAS DISPOSED OF; OR
(D) WAS DISTRIBUTED TO ANOTHER INTENDED PARENT AS AN EGG OR EMBRYO.
(C) THE FOLLOWING CLINICAL AND PARTICIPANT DATA WILL BE COLLECTED FROM
SURROGACY PROGRAMS, FERTILITY CLINICS, GAMETE BANKS AND OTHER ENTITIES
THAT PROVIDE SERVICES RELATED TO SURROGACY, INCLUDING GENETIC SURROGAC-
TY, AGREEMENTS AND PROVIDE SURROGACY SERVICES IN THE STATE:
(I) THE PERSON ACTING AS SURROGATE'S IDENTIFICATION NUMBER;
(II) THE PERSON ACTING AS SURROGATE'S AGE AND SEX OR GENDER;
(III) THE NAME OF THE SURROGACY PROGRAM HANDLING THE SURROGACY,
INCLUDING GENETIC SURROGACY, AGREEMENT;
(IV) THE NAME OF THE FERTILITY CLINIC, OTHER HEALTH CARE FACILITY, OR
HEALTH CARE PRACTITIONER PROVIDING ASSISTED REPRODUCTION SERVICES;
(V) MEDICATION AND INSEMINATION OR EMBRYO INCUBATION/TRANSFER PROTO-
COLS, IF APPLICABLE, FOR EACH CYCLE OF OVARIAN STIMULATION FOR EGG
RETRIEVAL OR FERTILITY TREATMENT, ARTIFICIAL INSEMINATION, IUI, OR IVF,
INCLUDING ANY ADD-ON IVF PROCEDURES;
(VI) ANY ADVERSE REACTIONS OR HEALTH COMPLICATIONS RELATED TO EMBRYO
TRANSFER, PREGNANCY, DELIVERY, OR THE POST-PARTUM PERIOD;
(VII) THE NUMBER OF EMBRYOS TRANSFERRED EACH CYCLE;
(VIII) THE NUMBER OF EMBRYO TRANSFER CYCLES REQUIRED FOR THE PERSON
ACTING AS SURROGATE TO BECOME PREGNANT, IF APPLICABLE;
(IX) THE METHOD OF DELIVERY OF ANY CHILDREN BORN THROUGH SURROGACY,
INCLUDING GENETIC SURROGACY;
(X) NUMBER OF FETUSES CARRIED AND THE NUMBER OF CHILDREN BORN;
(XI) THE AGE AND SEX OR GENDER OF EACH INTENDED PARENT; AND
(XII) THE ZIP CODE OF EACH INTENDED PARENT.
7. WITHIN THE DEPARTMENT, ACCESS TO REGISTRY DATA SHALL BE LIMITED TO
EMPLOYEES DESIGNATED BY THE COMMISSIONER AND RECORDS AND INFORMATION
SHALL BE KEPT STRICTLY CONFIDENTIAL EXCEPT AS SPECIFICALLY AUTHORIZED BY
A. 9847 51
LAW. THE COMMISSIONER SHALL ESTABLISH RULES AND PROCEDURES DESIGNED TO
KEEP SUCH RECORDS AND INFORMATION SEPARATE AND APART FROM OTHER RECORDS
OF THE DEPARTMENT AND KEPT IN A MANNER WHERE ACCESS TO SUCH RECORDS AND
INFORMATION IS STRICTLY LIMITED TO SUCH DESIGNATED EMPLOYEES AND SHALL
PROMULGATE REGULATIONS DESIGNED TO EFFECTUATE THE PURPOSES OF THIS
SECTION.
§ 2599-II. THIRD-PARTY GAMETE PROVISION AND PARENTAGE. 1. THE GAMETE
PROVIDER OF SPERM PROVIDED TO A LICENSED INDIVIDUAL HEALTH CARE PRACTI-
TIONER OR TO A GAMETE BANK, FERTILITY CLINIC OR OTHER HEALTH CARE FACIL-
ITY FOR USE IN ASSISTED REPRODUCTION BY AN INTENDED PARENT OTHER THAN
THE GAMETE PROVIDER'S SPOUSE OR INTIMATE PARTNER IS TREATED IN LAW AS IF
THEY WERE NOT THE NATURAL PARENT OF A CHILD THEREBY CONCEIVED, UNLESS
OTHERWISE AGREED TO IN A WRITTEN, NOTARIZED STATEMENT SIGNED BY THE
SPERM PROVIDER AND THE INTENDED PARENT PRIOR TO CONCEPTION BY ASSISTED
REPRODUCTION.
2. IF THE SPERM PROVIDED BY A SPERM PROVIDER IS NOT PROVIDED TO A
LICENSED INDIVIDUAL HEALTH CARE PRACTITIONER OR TO A GAMETE BANK,
FERTILITY CLINIC OR OTHER HEALTHCARE FACILITY AS SPECIFIED IN PARAGRAPH
(A) OF THIS SUBDIVISION, THE GAMETE PROVIDER OF SPERM FOR USE IN
ASSISTED REPRODUCTION BY AN INTENDED PARENT OTHER THAN THE GAMETE
PROVIDER'S SPOUSE OR INTIMATE PARTNER IS TREATED IN LAW AS IF THEY WERE
NOT THE NATURAL PARENT OF A CHILD THEREBY CONCEIVED IF EITHER OF THE
FOLLOWING ARE MET:
(A) THE GAMETE PROVIDER AND THE INTENDED PARENT AGREED IN A WRITTEN,
NOTARIZED STATEMENT SIGNED BY THE SPERM PROVIDER AND THE INTENDED PARENT
PRIOR TO CONCEPTION BY ASSISTED REPRODUCTION THAT THE GAMETE PROVIDER
WOULD NOT BE A PARENT.
(B) A COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE CHILD WAS
CONCEIVED BY ASSISTED REPRODUCTION AND THAT, PRIOR TO THE CONCEPTION OF
THE CHILD, THE INTENDED PARENT AND THE GAMETE PROVIDER HAD AN ORAL
AGREEMENT THAT THE GAMETE PROVIDER WOULD NOT BE A PARENT.
3. PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF THIS SECTION DO NOT
APPLY TO A GAMETE PROVIDER WHO PROVIDED SPERM FOR USE IN ASSISTED
REPRODUCTION BY AN INTENDED PARENT OTHER THAN THE GAMETE PROVIDER'S
SPOUSE OR INTIMATE PARTNER PURSUANT TO A WRITTEN AGREEMENT SIGNED BY THE
GAMETE PROVIDER AND THE INTENDED PARENT PRIOR TO CONCEPTION OF THE CHILD
STATING THAT THEY INTENDED FOR THE GAMETE PROVIDER TO BE A PARENT.
4. THE GAMETE PROVIDER OF OVA FOR USE IN ASSISTED REPRODUCTION BY AN
INTENDED PARENT OTHER THAN THE GAMETE PROVIDER'S SPOUSE OR INTIMATE
PARTNER IS TREATED IN LAW AS IF THE GAMETE PROVIDER WERE NOT THE NATURAL
PARENT OF A CHILD THEREBY CONCEIVED UNLESS THE COURT FINDS SATISFACTORY
EVIDENCE THAT THE GAMETE PROVIDER AND THE INTENDED PARENT INTENDED FOR
THE GAMETE PROVIDER TO BE A PARENT.
5. (A) AN INTENDED PARENT MAY, BUT IS NOT REQUIRED TO, USE THE NEW
YORK STATE STATUTORY FORMS FOR ASSISTED REPRODUCTION SET FORTH IN THIS
SECTION TO DEMONSTRATE THEIR INTENT TO BE A LEGAL PARENT OF A CHILD
CONCEIVED BY ASSISTED REPRODUCTION. THESE FORMS SHALL SATISFY THE WRIT-
TEN REQUIREMENT SPECIFIED IN THIS SECTION, AND ARE DESIGNED TO PROVIDE
CLARITY REGARDING THE INTENTIONS, AT THE TIME OF CONCEPTION, OF INTENDED
PARENTS USING ASSISTED REPRODUCTION. THESE FORMS DO NOT AFFECT ANY
PRESUMPTIONS OF PARENTAGE BASED ON ARTICLE FIVE-C OF THE FAMILY COURT
ACT, AND DO NOT PRECLUDE A COURT FROM CONSIDERING ANY OTHER CLAIMS TO
PARENTAGE UNDER NEW YORK STATE STATUTE OR CASE LAW.
(B) THESE FORMS APPLY ONLY IN VERY LIMITED CIRCUMSTANCES. PLEASE READ
THE FORMS CAREFULLY TO SEE IF YOU QUALIFY FOR USE OF THE FORMS.
A. 9847 52
(C) THESE FORMS DO NOT APPLY TO ASSISTED REPRODUCTION AGREEMENTS FOR
PERSONS ACTING AS SURROGATES OR SURROGACY, INCLUDING GENETIC SURROGACY,
AGREEMENTS.
(D) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE THE USE OF
ONE OF THESE FORMS TO SATISFY THE WRITTEN REQUIREMENT OF THIS SECTION.
(E) THE FOLLOWING ARE THE OPTIONAL NEW YORK STATE STATUTORY FORMS FOR
ASSISTED REPRODUCTION:
NEW YORK STATUTORY FORMS FOR ASSISTED REPRODUCTION, FORM 1:
TWO MARRIED OR UNMARRIED PEOPLE USING ASSISTED REPRODUCTION TO
CONCEIVE A CHILD
USE THIS FORM IF: YOU AND ANOTHER INTENDED PARENT, WHO MAY BE YOUR
SPOUSE, INTIMATE PARTNER OR REGISTERED DOMESTIC PARTNER, ARE CONCEIVING
A CHILD THROUGH ASSISTED REPRODUCTION USING SPERM AND/OR EGG PROVISION;
AND ONE OF YOU WILL BE GIVING BIRTH. WARNING: SIGNING THIS FORM DOES NOT
TERMINATE THE PARENTAGE CLAIM OF A SPERM PROVIDER. A SPERM PROVIDER'S
CLAIM TO PARENTAGE IS TERMINATED IF THE SPERM IS PROVIDED TO A LICENSED
INDIVIDUAL HEALTH CARE PRACTITIONER OR TO A GAMETE BANK, FERTILITY CLIN-
IC OR OTHER HEALTH CARE FACILITY PRIOR TO INSEMINATION, OR IF YOU
CONCEIVE WITHOUT HAVING SEXUAL INTERCOURSE AND YOU HAVE A WRITTEN AGREE-
MENT SIGNED BY YOU AND THE SPERM OR EGG PROVIDER THAT YOU WILL CONCEIVE
USING ASSISTED REPRODUCTION AND DO NOT INTEND FOR THE SPERM OR EGG
PROVIDER TO BE A PARENT, AS REQUIRED BY SECTION 2599-II OF THE PUBLIC
HEALTH LAW. THE LAWS ABOUT PARENTAGE OF A CHILD ARE COMPLICATED. YOU
ARE STRONGLY ENCOURAGED TO CONSULT WITH AN ATTORNEY ABOUT YOUR RIGHTS.
EVEN IF YOU DO NOT FILL OUT THIS FORM, A SPOUSE OR DOMESTIC PARTNER OF
THE PARENT GIVING BIRTH IS PRESUMED TO BE A LEGAL PARENT OF ANY CHILD
BORN DURING THE MARRIAGE OR DOMESTIC PARTNERSHIP.
___________________________________
THIS FORM DEMONSTRATES YOUR INTENT TO BE PARENTS OF THE CHILD YOU PLAN
TO CONCEIVE THROUGH ASSISTED REPRODUCTION USING SPERM AND/OR EGG
PROVISION.
I, ____________________ (PRINT NAME OF PERSON NOT GIVING BIRTH),
INTEND TO BE A PARENT OF A CHILD THAT ____________________ (PRINT NAME
OF PERSON GIVING BIRTH) WILL OR HAS CONCEIVED THROUGH ASSISTED REPROD-
UCTION USING SPERM AND/OR EGG PROVISION. I CONSENT TO THE USE OF
ASSISTED REPRODUCTION BY THE PERSON WHO WILL GIVE BIRTH. I INTEND TO BE
A PARENT OF THE CHILD CONCEIVED.
SIGNATURES
INTENDED PARENT WHO WILL GIVE BIRTH: ____________________ (PRINT NAME)
_________________________________________
(SIGNATURE) _______________________(DATE)
INTENDED PARENT WHO WILL NOT GIVE BIRTH: ________________ (PRINT NAME)
_________________________________________
(SIGNATURE) _______________________(DATE)
_______________________________________________
NOTARY ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF ( )
ON ____________________ BEFORE ME, ___________________________________
(INSERT NAME AND TITLE OF THE OFFICER)
PERSONALLY APPEARED ___________________________, WHO PROVED TO ME ON THE
BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
A. 9847 53
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY, AND
THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR
THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE
INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF NEW YORK THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE _______________________________ (SEAL)
___________________________________
NEW YORK STATUTORY FORMS FOR ASSISTED REPRODUCTION, FORM 2:
UNMARRIED, INTENDED PARENTS USING INTENDED PARENT'S SPERM TO CONCEIVE
A CHILD
USE THIS FORM IF: (1) NEITHER YOU NOR THE OTHER PERSON ARE MARRIED OR
IN A REGISTERED DOMESTIC PARTNERSHIP (INCLUDING A REGISTERED DOMESTIC
PARTNERSHIP OR CIVIL UNION FROM ANOTHER STATE); (2) ONE OF YOU WILL GIVE
BIRTH TO A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION USING THE
INTENDED PARENT'S SPERM; AND (3) YOU BOTH INTEND TO BE PARENTS OF THAT
CHILD. DO NOT USE THIS FORM IF YOU ARE CONCEIVING USING A PERSON ACTING
AS SURROGATE.
WARNING: IF YOU DO NOT SIGN THIS FORM, OR A SIMILAR AGREEMENT, YOU MAY
BE TREATED AS A SPERM PROVIDER IF YOU CONCEIVE WITHOUT HAVING SEXUAL
INTERCOURSE ACCORDING TO SECTION 2599-II OF THE PUBLIC HEALTH LAW. THE
LAWS ABOUT PARENTAGE OF A CHILD ARE COMPLICATED. YOU ARE STRONGLY
ENCOURAGED TO CONSULT WITH AN ATTORNEY ABOUT YOUR RIGHTS.
___________________________________
THIS FORM DEMONSTRATES YOUR INTENT TO BE PARENTS OF THE CHILD YOU PLAN
TO CONCEIVE THROUGH ASSISTED REPRODUCTION USING SPERM PROVISION.
I, ______________________ (PRINT NAME OF PARENT GIVING BIRTH), PLAN TO
USE ASSISTED REPRODUCTION WITH ANOTHER INTENDED PARENT WHO IS PROVIDING
SPERM TO CONCEIVE THE CHILD. I AM NOT MARRIED AND AM NOT IN A REGISTERED
DOMESTIC PARTNERSHIP (INCLUDING A REGISTERED DOMESTIC PARTNERSHIP OR
CIVIL UNION FROM ANOTHER JURISDICTION), AND I INTEND FOR THE PERSON
PROVIDING SPERM TO BE A PARENT OF THE CHILD TO BE CONCEIVED. I,
____________________ (PRINT NAME OF PARENT PROVIDING SPERM), PLAN TO USE
ASSISTED REPRODUCTION TO CONCEIVE A CHILD USING MY SPERM WITH THE PARENT
GIVING BIRTH. I AM NOT MARRIED AND AM NOT IN A REGISTERED DOMESTIC PART-
NERSHIP (INCLUDING A REGISTERED DOMESTIC PARTNERSHIP OR CIVIL UNION FROM
ANOTHER JURISDICTION), AND I INTEND TO BE A PARENT OF THE CHILD TO BE
CONCEIVED.
SIGNATURES
INTENDED PARENT GIVING BIRTH: _______________________________________
(PRINT NAME) ________________________ (SIGNATURE) ______________(DATE)
INTENDED PARENT PROVIDING SPERM: ____________________________________
(PRINT NAME) ________________________ (SIGNATURE) ______________(DATE)
_______________________________________________
NOTARY ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF ( )
ON ________________ BEFORE ME, _____________________________ (INSERT
NAME AND TITLE OF THE _____ OFFICER) PERSONALLY APPEARED
___________________________, WHO PROVED TO ME ON THE BASIS OF SATISFAC-
A. 9847 54
TORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE
SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY, AND THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER
PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF NEW YORK THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE _______________________________ (SEAL)
_______________________________________________
NEW YORK STATUTORY FORMS FOR ASSISTED REPRODUCTION, FORM 3:
INTENDED PARENTS CONCEIVING A CHILD USING EGGS FROM ONE PARENT AND THE
OTHER PARENT WILL GIVE BIRTH
USE THIS FORM IF: (1) YOU ARE CONCEIVING A CHILD USING THE EGGS FROM ONE
OF YOU AND THE OTHER PERSON WILL GIVE BIRTH TO THE CHILD; (2) AND YOU
BOTH INTEND TO BE PARENTS TO THAT CHILD. DO NOT USE THIS FORM IF YOU ARE
CONCEIVING USING A SURROGATE. WARNING: SIGNING THIS FORM DOES NOT TERMI-
NATE THE PARENTAGE CLAIM OF A SPERM DONOR. A SPERM DONOR'S CLAIM TO
PARENTAGE IS TERMINATED IF THE SPERM IS PROVIDED TO A LICENSED PHYSICIAN
AND SURGEON OR TO A LICENSED SPERM BANK PRIOR TO INSEMINATION, OR IF YOU
CONCEIVE WITHOUT HAVING SEXUAL INTERCOURSE AND YOU HAVE A WRITTEN AGREE-
MENT SIGNED BY YOU AND THE SPERM PROVIDER THAT YOU WILL CONCEIVE USING
ASSISTED REPRODUCTION AND DO NOT INTEND FOR THE SPERM PROVIDER TO BE A
PARENT, AS REQUIRED BY SECTION 2599-II OF THE PUBLIC HEALTH LAW. THE
LAWS ABOUT PARENTAGE OF A CHILD ARE COMPLICATED. YOU ARE STRONGLY
ENCOURAGED TO CONSULT WITH AN ATTORNEY ABOUT YOUR RIGHTS.
_______________________________________________
THIS FORM DEMONSTRATES YOUR INTENT TO BE PARENTS OF THE CHILD YOU PLAN
TO CONCEIVE THROUGH ASSISTED REPRODUCTION USING EGGS FROM ONE PARENT AND
THE OTHER PARENT WILL GIVE BIRTH TO THE CHILD.
I, ____________________ (PRINT NAME OF PARENT GIVING BIRTH), PLAN TO
USE ASSISTED REPRODUCTION TO CONCEIVE AND GIVE BIRTH TO A CHILD WITH
ANOTHER PERSON WHO WILL PROVIDE EGGS TO CONCEIVE THE CHILD. I INTEND FOR
THE PERSON PROVIDING EGGS TO BE A PARENT OF THE CHILD TO BE CONCEIVED.
I, ____________________ (PRINT NAME OF PARENT PROVIDING EGGS), PLAN TO
USE ASSISTED REPRODUCTION TO CONCEIVE A CHILD WITH ANOTHER PERSON WHO
WILL GIVE BIRTH TO THE CHILD CONCEIVED USING MY EGGS. I INTEND TO BE A
PARENT OF THE CHILD TO BE CONCEIVED.
SIGNATURES
INTENDED PARENT GIVING BIRTH: _______________________________________
(PRINT NAME) ________________________ (SIGNATURE) ______________(DATE)
INTENDED PARENT PROVIDING EGGS: _____________________________________
(PRINT NAME) ________________________ (SIGNATURE) ______________(DATE)
_______________________________________________
NOTARY ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF ( )
ON _____ BEFORE ME, _____________________________ (INSERT NAME AND
TITLE OF THE ________ OFFICER) PERSONALLY APPEARED
___________________________, WHO PROVED TO ME ON THE BASIS OF SATISFAC-
TORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE
SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY, AND THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER
A. 9847 55
PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF NEW YORK THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE _______________________________ (SEAL)
_______________________________________________
NEW YORK STATUTORY FORMS FOR ASSISTED REPRODUCTION, FORM 4:
INTENDED PARENT(S) USING A KNOWN SPERM AND/OR EGG DONOR(S) TO CONCEIVE
A CHILD
USE THIS FORM IF: YOU ARE USING A KNOWN SPERM AND/OR EGG DONOR(S), OR
EMBRYO DONATION, TO CONCEIVE A CHILD AND YOU DO NOT INTEND FOR THE
DONOR(S) TO BE A PARENT. DO NOT USE THIS FORM IF YOU ARE CONCEIVING
USING A SURROGATE. IF YOU DO NOT SIGN THIS FORM OR A SIMILAR AGREEMENT,
YOUR SPERM DONOR MAY BE TREATED AS A PARENT UNLESS THE SPERM IS PROVIDED
TO A LICENSED PHYSICIAN AND SURGEON OR TO A LICENSED SPERM BANK PRIOR TO
INSEMINATION, OR A COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT YOU
PLANNED TO CONCEIVE THROUGH ASSISTED REPRODUCTION AND DID NOT INTEND FOR
THE DONOR TO BE A PARENT, AS REQUIRED BY SECTION 2599-II OF THE PUBLIC
HEALTH LAW. IF YOU DO NOT SIGN THIS FORM OR A SIMILAR AGREEMENT, YOUR
EGG DONOR MAY BE TREATED AS A PARENT UNLESS A COURT FINDS THAT THERE IS
SATISFACTORY EVIDENCE THAT YOU PLANNED TO CONCEIVE THROUGH ASSISTED
REPRODUCTION AND DID NOT INTEND FOR THE DONOR TO BE A PARENT, AS
REQUIRED BY SECTION 2599-II OF THE PUBLIC HEALTH LAW. THE LAWS ABOUT
PARENTAGE OF A CHILD ARE COMPLICATED. YOU ARE STRONGLY ENCOURAGED TO
CONSULT WITH AN ATTORNEY ABOUT YOUR RIGHTS.
_______________________________________________
THIS FORM DEMONSTRATES YOUR INTENT THAT YOUR SPERM AND/OR EGG OR
EMBRYO DONOR(S) WILL NOT BE A PARENT OR PARENTS OF THE CHILD YOU PLAN TO
CONCEIVE THROUGH ASSISTED REPRODUCTION.
I, ____________________ (PRINT NAME OF PARENT GIVING BIRTH), PLAN TO
USE ASSISTED REPRODUCTION TO CONCEIVE USING A SPERM AND/OR EGG DONOR(S)
OR EMBRYO DONATION, AND I DO NOT INTEND FOR THE SPERM AND/OR EGG OR
EMBRYO DONOR(S) TO BE A PARENT OF THE CHILD TO BE CONCEIVED. (IF APPLI-
CABLE) I, ____________________ (PRINT NAME OF SPERM DONOR), PLAN TO
DONATE MY SPERM TO ____________________ (PRINT NAME OF PARENT GIVING
BIRTH AND SECOND PARENT IF APPLICABLE). I AM NOT MARRIED AND AM NOT IN A
REGISTERED DOMESTIC PARTNERSHIP (INCLUDING A REGISTERED DOMESTIC PART-
NERSHIP OR A CIVIL UNION FROM ANOTHER JURISDICTION) WITH
____________________ (PRINT NAME OF PARENT GIVING BIRTH), AND I DO NOT
INTEND TO BE A PARENT OF THE CHILD TO BE CONCEIVED. (IF APPLICABLE) I,
____________________ (PRINT NAME OF EGG DONOR), PLAN TO DONATE MY OVA TO
____________________ (PRINT NAME OF PARENT GIVING BIRTH AND SECOND
PARENT IF APPLICABLE). I AM NOT MARRIED AND AM NOT IN A REGISTERED
DOMESTIC PARTNERSHIP (INCLUDING A REGISTERED DOMESTIC PARTNERSHIP OR A
CIVIL UNION FROM ANOTHER JURISDICTION) WITH ____________________ (PRINT
NAME OF PARENT GIVING BIRTH), OR ANY INTIMATE AND NONMARITAL RELATION-
SHIP WITH ____________________ (PRINT NAME OF PARENT GIVING BIRTH) AND I
DO NOT INTEND TO BE A PARENT OF THE CHILD TO BE CONCEIVED. (IF APPLICA-
BLE) I, ____________________ (PRINT NAME OF INTENDED PARENT NOT GIVING
BIRTH), INTEND TO BE A PARENT OF THE CHILD THAT ____________________
(PRINT NAME OF PARENT GIVING BIRTH) WILL CONCEIVE THROUGH ASSISTED
REPRODUCTION USING SPERM AND/OR EGG DONATION AND I DO NOT INTEND FOR THE
SPERM AND/OR EGG OR EMBRYO DONOR(S) TO BE A PARENT. I CONSENT TO THE USE
OF ASSISTED REPRODUCTION BY THE PERSON WHO WILL GIVE BIRTH.
SIGNATURES
INTENDED PARENT GIVING BIRTH: ___________________ (PRINT NAME)
________________________ (SIGNATURE) ____________(DATE) (IF APPLICABLE)
A. 9847 56
SPERM DONOR: ___________________ (PRINT NAME) ________________________
(SIGNATURE) _____________ (DATE) (IF APPLICABLE) EGG DONOR:
___________________ (PRINT NAME) ________________________ (SIGNATURE)
____________(DATE) (IF APPLICABLE)
INTENDED PARENT NOT GIVING BIRTH: ____________ (PRINT NAME)
_________________________ (SIGNATURE) ___________(DATE)
_______________________________________________
NOTARY ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF( )
ON ____ BEFORE ME, _____________________________ (INSERT NAME AND TITLE
OF THE ________ OFFICER) PERSONALLY APPEARED
___________________________, WHO PROVED TO ME ON THE BASIS OF SATISFAC-
TORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE
SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY, AND THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER
PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF NEW YORK THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE _______________________________ (SEAL)
§ 2599-JJ. GAMETE PROVIDER IDENTITY DISCLOSURE. 1. FOR PURPOSES OF
THIS SECTION:
(A) "GAMETE PROVIDER," "THIRD-PARTY GAMETE PROVISION," AND "PARENT"
SHALL HAVE THE MEANING AS DEFINED FOR THOSE TERMS IN SECTION 581-102 OF
THE FAMILY COURT ACT;
(B) "ENTITY" MEANS AN AGENT, GAMETE BANK, FERTILITY CLINIC, OR OTHER
FACILITY THAT COLLECTS, PROCESSES, STORES, FREEZES, DISTRIBUTES, OR
CONDUCTS RESEARCH ON THIRD-PARTY GAMETES, OR THAT RECRUITS THIRD-PARTY
GAMETE PROVIDERS OR PROVIDES MATCHING SERVICES;
(C) "IDENTIFYING INFORMATION" MEANS THE FULL NAME OF THE PROVIDER, THE
PROVIDER'S DATE OF BIRTH, AND THE PERMANENT ADDRESS OR OTHER CONTACT
INFORMATION, OR BOTH, GIVEN AT THE TIME OF DONATION, OR, IF DIFFERENT,
THE CURRENT ADDRESS OR OTHER CONTACT INFORMATION, OR BOTH, OF THE DONOR
RETAINED BY AN AGENT, GAMETE BANK, AND FERTILITY CLINIC; AND
(D) "MEDICAL INFORMATION" MEANS INFORMATION REGARDING A PRESENT
ILLNESS OF THE THIRD-PARTY GAMETE PROVIDER, PAST ILLNESS OF THE THIRD-
PARTY GAMETE PROVIDER, AND SOCIAL, GENETIC, AND FAMILY HISTORY OF THE
THIRD-PARTY GAMETE PROVIDER.
2. (A) AN ENTITY, LICENSED BY THE DEPARTMENT AND REGISTERED WITH THE
OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR, SHALL COLLECT AND RETAIN
FROM A GAMETE PROVIDER THE GAMETE PROVIDER'S IDENTIFYING INFORMATION AND
MEDICAL INFORMATION AT THE TIME A THIRD-PARTY GAMETE PROVISION AGREEMENT
IS EXECUTED. AN ENTITY THAT RECEIVES GAMETES FROM A THIRD-PARTY GAMETE
PROVIDER COLLECTED BY ANOTHER ENTITY SHALL COLLECT AND RETAIN THE NAME,
ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS OF THE ENTITY FROM WHICH
THE THIRD-PARTY GAMETES WERE RECEIVED.
(B) AN ENTITY SHALL DISCLOSE THE INFORMATION COLLECTED UNDER SUBDIVI-
SION ONE AS PROVIDED IN THIS SECTION.
(C) THIS SUBDIVISION DOES NOT APPLY TO GAMETES COLLECTED FROM A GAMETE
PROVIDER WHOSE IDENTITY IS KNOWN TO THE RECIPIENT OF THE GAMETES AT THE
TIME OF THE THIRD-PARTY GAMETE PROVISION.
(D) THIS SUBDIVISION SHALL APPLY ONLY TO THIRD-PARTY GAMETES COLLECTED
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE.
A. 9847 57
3. (A) AN ENTITY THAT COLLECTS THIRD-PARTY GAMETES FROM A GAMETE
PROVIDER SHALL DO ALL OF THE FOLLOWING:
(I) PROVIDE THE GAMETE PROVIDER WITH INFORMATION IN A RECORD ABOUT THE
GAMETE PROVIDER'S CHOICE REGARDING IDENTITY DISCLOSURE;
(II) OBTAIN A DECLARATION IN WRITING FROM THE GAMETE PROVIDER REGARD-
ING IDENTITY DISCLOSURE;
(III) MAINTAIN IDENTIFYING INFORMATION AND MEDICAL INFORMATION FOR
EACH THIRD-PARTY GAMETE PROVIDER. THE ENTITY SHALL MAINTAIN RECORDS OF
GAMETE SCREENING AND TESTING AND COMPLY WITH REPORTING REQUIREMENTS, IN
ACCORDANCE WITH FEDERAL LAW AND APPLICABLE LAW OF THIS STATE OTHER THAN
THIS CHAPTER; AND
(IV) SUBMIT THE THIRD-PARTY GAMETE PROVIDER'S SIGNED DECLARATION,
IDENTIFYING INFORMATION, AND MEDICAL INFORMATION, AND THE NAME, ADDRESS,
TELEPHONE NUMBER, AND EMAIL ADDRESS OF THE ENTITY THAT COLLECTED THE
GAMETES, IF THE ENTITY RECEIVED THE GAMETES FROM THE ENTITY THAT
COLLECTED THE GAMETES, TO THE OFFICE OF THE ASSISTED REPRODUCTION
REGISTRAR.
(B) AN ENTITY SHALL GIVE A GAMETE PROVIDER THE CHOICE TO SIGN A DECLA-
RATION, ATTESTED BY A NOTARY OR WITNESSED, THAT DOES EITHER OF THE
FOLLOWING:
(I) STATES THAT THE THIRD-PARTY GAMETE PROVIDER AGREES TO DISCLOSE
THEIR IDENTITY TO A CHILD CONCEIVED BY ASSISTED REPRODUCTION WITH THE
GAMETE PROVIDER'S GAMETES, ON REQUEST, ONCE THE CHILD ATTAINS EIGHTEEN
YEARS OF AGE; OR
(II) STATES THAT THE THIRD-PARTY GAMETE PROVIDER DOES NOT AGREE PRES-
ENTLY TO DISCLOSE THE GAMETE PROVIDER'S IDENTITY TO THE CHILD.
(C) AN ENTITY SHALL PERMIT A THIRD-PARTY GAMETE PROVIDER WHO HAS
SIGNED A DECLARATION THAT THE GAMETE PROVIDER DOES NOT AGREE TO DISCLOSE
THE GAMETE PROVIDER'S IDENTITY UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION TO WITHDRAW THE DECLARATION AT ANY TIME BY SIGNING A DECLA-
RATION THAT THE GAMETE PROVIDER AGREES TO DISCLOSE THE THIRD-PARTY
GAMETE PROVIDER'S IDENTITY UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION.
(D) AN ENTITY IS NOT REQUIRED TO COLLECT GAMETES FROM A THIRD-PARTY
GAMETE PROVIDER WHO DOES NOT AGREE TO DISCLOSE THE THIRD-PARTY GAMETE
PROVIDER'S IDENTITY UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION.
(E) THIS SUBDIVISION DOES NOT APPLY TO GAMETES COLLECTED FROM A THIRD-
PARTY GAMETE PROVIDER WHOSE IDENTITY IS KNOWN TO THE RECIPIENT OF THE
GAMETES AT THE TIME OF THE THIRD-PARTY GAMETE PROVISION.
(F) THIS SUBDIVISION SHALL APPLY ONLY TO GAMETES COLLECTED ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-ONE.
4. (A) REQUESTS FOR A THIRD-PARTY GAMETE PROVIDER IDENTIFYING INFORMA-
TION ARE TO BE SUBMITTED TO THE OFFICE OF THE ASSISTED REPRODUCTION
REGISTRAR.
(B) ON REQUEST OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION USING
THIRD-PARTY GAMETES WHO ATTAINS EIGHTEEN YEARS OF AGE, THE OFFICE OF THE
ASSISTED REPRODUCTION REGISTRAR SHALL PROVIDE THE CHILD, ONCE REGISTERED
WITH THE ASSISTED REPRODUCTION REGISTRY, WITH IDENTIFYING INFORMATION OF
THE THIRD-PARTY GAMETE PROVIDER WHO PROVIDED THE THIRD-PARTY GAMETES,
PROVIDED THAT THE THIRD-PARTY GAMETE PROVIDER IS REGISTERED WITH THE
ASSISTED REPRODUCTION REGISTRY, UNLESS THE GAMETE PROVIDER SIGNED AND
DID NOT WITHDRAW A DECLARATION UNDER PARAGRAPH (C) OF SUBDIVISION THREE
OF THIS SECTION. IF THE THIRD-PARTY GAMETE PROVIDER SIGNED AND DID NOT
WITHDRAW THE DECLARATION, THE OFFICE OF THE ASSISTED REPRODUCTION
REGISTRAR SHALL MAKE A GOOD FAITH EFFORT TO NOTIFY THE THIRD-PARTY
A. 9847 58
GAMETE PROVIDER, WHO MAY ELECT TO WITHDRAW THE DECLARATION UNDER PARA-
GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION AND AGREE TO RELEASE THE
THIRD-PARTY GAMETE PROVIDER'S IDENTIFYING INFORMATION.
(C) IF AN ENTITY RECEIVED THIRD-PARTY GAMETES FROM ANOTHER ENTITY THAT
COLLECTED THE THIRD-PARTY GAMETES, ON REQUEST OF A CHILD CONCEIVED BY
ASSISTED REPRODUCTION WITH THIRD-PARTY GAMETES WHO ATTAINS EIGHTEEN
YEARS OF AGE, THE OFFICE OF THE ASSISTED REPRODUCTION REGISTRAR SHALL
DISCLOSE THE NAME, ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS OF THE
ENTITY THAT COLLECTED THE THIRD-PARTY GAMETES.
(D) REGARDLESS WHETHER A GAMETE PROVIDER SIGNED A DECLARATION UNDER
PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION, ON REQUEST FROM A
CHILD CONCEIVED BY ASSISTED REPRODUCTION WITH THIRD-PARTY GAMETES WHO
ATTAINS SIXTEEN YEARS OF AGE, OR, IF THE CHILD IS A MINOR, BY A PARENT
OR GUARDIAN OF THE CHILD, THE OFFICE OF THE ASSISTED REPRODUCTION
REGISTRAR SHALL PROVIDE THE CHILD OR, IF THE CHILD IS UNDER SIXTEEN, THE
PARENT OR GUARDIAN OF THE CHILD, ACCESS TO NONIDENTIFYING MEDICAL INFOR-
MATION PROVIDED BY THE THIRD-PARTY GAMETE PROVIDER.
(E) THIS SUBDIVISION DOES NOT APPLY TO THIRD-PARTY GAMETES COLLECTED
FROM A GAMETE PROVIDER WHOSE IDENTITY IS KNOWN TO THE RECIPIENT OF THE
THIRD-PARTY GAMETES AT THE TIME OF THE THIRD-PARTY GAMETE PROVISION.
(F) THIS SUBDIVISION SHALL APPLY ONLY TO GAMETES COLLECTED ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-ONE.
5. ACCESS TO GAMETE PROVIDER IDENTIFYING INFORMATION. ALL RECORDS AND
INFORMATION SPECIFIED IN THIS ARTICLE SHALL BE AVAILABLE ONLY TO
PARENTS, THE CHILD, THE LOCAL CHILD SUPPORT AGENCY, THE COUNTY WELFARE
DEPARTMENT, THE COUNTY COUNSEL, THE DEPARTMENT, AND THE COURTS, OR UPON
ORDER OF A COURT OF RECORD.
§ 11. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
§ 12. 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 are authorized to be
made and completed on or before such date.
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