|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 08, 2020 |
referred to codes |
| Jun 10, 2019 |
print number 1071c |
| Jun 10, 2019 |
amend (t) and recommit to codes |
| May 15, 2019 |
print number 1071b |
| May 15, 2019 |
amend (t) and recommit to codes |
| Feb 27, 2019 |
reported referred to codes |
| Feb 22, 2019 |
print number 1071a |
| Feb 22, 2019 |
amend (t) and recommit to judiciary |
| Jan 14, 2019 |
referred to judiciary |
Assembly Bill A1071C
2019-2020 Legislative Session
Relates to relation to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy agreements; repealer
download bill text pdfSponsored By
PAULIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Kenneth Zebrowski
David Weprin
Sandy Galef
Ellen C. Jaffee
Steven Otis
Vivian Cook
Albert A. Stirpe
Michael Benedetto
Harry B. Bronson
Walter T. Mosley
Felix Ortiz
Jeffrey Dinowitz
Linda Rosenthal
Phil Steck
Andrew Hevesi
Jo Anne Simon
Carrie Woerner
Michaelle C. Solages
Robert C. Carroll
Patricia Fahy
Rebecca Seawright
Carmen De La Rosa
Nily Rozic
Aravella Simotas
Charles Lavine
Harvey Epstein
Inez E. Dickens
multi-Sponsors
Steven Englebright
Richard Gottfried
Crystal Peoples-Stokes
Fred Thiele
2019-A1071 - Details
- See Senate Version of this Bill:
- S2071
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Add Art 5-C Parts 1 - 7 §§581-101 - 581-704, Fam Ct Act; rpld §73, amd §§121 - 124, Art 8 Head, Dom Rel L; amd §§4135-b & 4365, add Art 25-B §2599-cc, Pub Health L; add Art 44 §§1400 - 1403, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A6701, S4617
2015-2016: A4319, S2765
2017-2018: A6959, S17
2019-A1071 - Summary
Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy agreements; restricts genetic surrogate parenting contracts; regulates surrogacy programs; repeals provisions relating to the legitimacy of children born by artificial insemination.
2019-A1071 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1071
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. PAULIN, ZEBROWSKI, WEPRIN, GALEF, JAFFEE, OTIS,
COOK, STIRPE, BENEDETTO, BRONSON, MOSLEY, ORTIZ, DINOWITZ, L. ROSEN-
THAL, STECK, HEVESI, SIMON, WOERNER, SOLAGES, CARROLL, FAHY,
SEAWRIGHT, DE LA ROSA, ROZIC, SIMOTAS -- Multi-Sponsored by -- M. of
A. ENGLEBRIGHT, GOTTFRIED, PEOPLES-STOKES -- read once and referred to
the Committee on Judiciary
AN ACT to amend the family court act, in relation to establishing the
child-parent security act; and to repeal section 73 and article 8 of
the domestic relations law, relating to legitimacy of children born by
artificial insemination and surrogate parenting contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
ARTICLE 5-C
CHILD-PARENT SECURITY ACT
PART 1. GENERAL PROVISIONS (581-101 - 581-103)
2. JUDGMENT OF PARENTAGE (581-201 - 581-205)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
4. GESTATIONAL AGREEMENT (581-401 - 581-411)
5. PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
6. MISCELLANEOUS PROVISIONS (581-601 - 581-604)
PART 1
GENERAL PROVISIONS
SECTION 581-101. SHORT TITLE.
581-102. PURPOSE.
581-103. DEFINITIONS.
§ 581-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED
AS THE "CHILD-PARENT SECURITY ACT".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01279-01-9
A. 1071 2
§ 581-102. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH COLLABORATIVE REPRODUCTION.
§ 581-103. DEFINITIONS. (A) "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. DONATION OF GAMETES;
3. DONATION OF EMBRYOS;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(B) "ASSISTED REPRODUCTIVE TECHNOLOGY" OR "ART" IS ANY MEDICAL OR
SCIENTIFIC INTERVENTION, INCLUDING, BUT NOT LIMITED TO, ASSISTED REPROD-
UCTION, PROVIDED FOR THE PURPOSE OF ACHIEVING LIVE BIRTH THAT RESULTS
FROM ASSISTED CONCEPTION. ASSISTED CONCEPTION MEANS THE FORMATION OF A
HUMAN EMBRYO OUTSIDE THE BODY WITH THE INTENT TO PRODUCE A LIVE BIRTH.
(C) "CHILD" MEANS A LIVE BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE
MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
(D) "COLLABORATIVE REPRODUCTION" INVOLVES ARTIFICIAL INSEMINATION WITH
DONOR SPERM AND ANY ASSISTED REPRODUCTION IN WHICH AN INDIVIDUAL OTHER
THAN THE INTENDED PARENT PROVIDES GENETIC MATERIAL OR AGREES TO ACT AS A
GESTATIONAL CARRIER. IT CAN INCLUDE, BUT IS NOT LIMITED TO, (1) ATTEMPTS
BY THE INTENDED PARENT TO CREATE A CHILD THROUGH MEANS OF A GESTATIONAL
ARRANGEMENT, WITH OR WITHOUT THE INVOLVEMENT OF A DONOR, AND (2)
ASSISTED REPRODUCTION INVOLVING A DONOR WHERE A GESTATIONAL CARRIER IS
NOT USED.
(E) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION FOR
TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
AND ANCILLARY COSTS.
(F) "DONOR" MEANS AN INDIVIDUAL WHO PRODUCES GAMETES AND PROVIDES THEM
TO ANOTHER PERSON OTHER THAN THE INDIVIDUAL'S SPOUSE FOR USE IN ASSISTED
REPRODUCTION, WHETHER OR NOT FOR COMPENSATION, AND WHO DOES NOT INTEND
TO BE A PARENT. DONOR ALSO INCLUDES AN INDIVIDUAL WITH DISPOSITIONAL
CONTROL OF AN EMBRYO WHO PROVIDES IT TO ANOTHER PERSON FOR THE PURPOSE
OF GESTATION AND RELINQUISHES ALL PRESENT AND FUTURE PARENTAL AND INHER-
ITANCE RIGHTS AND OBLIGATIONS TO A RESULTING CHILD.
(G) "EMBRYO" MEANS A CELL OR GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP OF SUCH CELLS, NOT A GAMETE OR
GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY OF A WOMAN UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
(H) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(I) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA THAT
HAS THE POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
HUMAN BEING COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC DNA, OF
ANOTHER HUMAN BEING.
(J) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN AN INTENDED PARENT
AND A GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE
CHILD WILL BE THE LEGAL CHILD OF THE INTENDED PARENT.
(K) "GESTATIONAL CARRIER" MEANS AN ADULT PERSON NOT AN INTENDED
PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL
BE THE LEGAL CHILD OF THE INTENDED PARENT SO LONG AS SHE HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
A. 1071 3
(L) "GESTATIONAL CARRIER ARRANGEMENT" MEANS THE PROCESS BY WHICH A
GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD CREATED
THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
(M) "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.
(N) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT AS
PROVIDED IN THIS ACT TO BE LEGALLY BOUND AS THE PARENT OF A CHILD
RESULTING FROM ASSISTED REPRODUCTION OR COLLABORATIVE REPRODUCTION.
(O) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
(P) "PARENT" MEANS AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW AND INCLUDES, BUT IS NOT LIMIT-
ED TO: (1) A CHILD'S BIRTH PARENT WHO IS NOT A GESTATIONAL CARRIER OR
THE SPOUSE OF THE GESTATIONAL CARRIER; (2) A CHILD'S GENETIC PARENT WHO
IS NOT THE DONOR; (3) AN INDIVIDUAL WHO HAS LEGALLY ADOPTED THE CHILD;
(4) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT TO A LEGAL
PRESUMPTION; (5) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT TO
AN ACKNOWLEDGMENT OR JUDGMENT OF PARENTAGE PURSUANT TO ARTICLE TWO OF
THIS ACT OR OTHER LAW; (6) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD
PURSUANT TO ARTICLE THREE OR FOUR OF THIS ACT.
(Q) "PARTICIPANT" MEANS AN INDIVIDUAL WHO PROVIDES A BIOLOGICAL OR
GENETIC COMPONENT OF ASSISTED REPRODUCTION, AN INTENDED PARENT, AND THE
SPOUSE OF AN INTENDED PARENT OR GESTATIONAL CARRIER. GESTATION IS A
BIOLOGICAL COMPONENT WITHIN THE MEANING OF THIS DEFINITION.
(R) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(S) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(T) "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.
(U) "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.
(V) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES INTO THE
BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
PART 2
JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN
THROUGH ASSISTED REPRODUCTION.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN
PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT.
581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-205. 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.
A. 1071 4
(B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(C) A JUDGMENT OF PARENTAGE SHALL BE ISSUED BY THE COURT UPON THE
PETITION OF (1) A CHILD, OR (2) A PARENT OR A PRESUMED PARENT, OR (3) A
PARTICIPANT, OR (4) THE SUPPORT/ENFORCEMENT AGENCY OR OTHER GOVERNMENTAL
AGENCY AUTHORIZED BY OTHER LAW, OR (5) A REPRESENTATIVE AUTHORIZED BY
LAW TO ACT FOR AN INDIVIDUAL WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN
A PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO
LEGALLY ESTABLISH THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD BORN
THROUGH ASSISTED REPRODUCTION UNDER PART THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT UNDER PART FOUR
OF THIS ARTICLE.
§ 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN
THROUGH ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF
PARENTAGE 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 AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF THE INTENDED PARENT IS NOT A NEW
YORK STATE RESIDENT, THAT THE CHILD WAS BORN IN THE STATE; AND
(2) A STATEMENT FROM THE GESTATING PARENT THAT THE GESTATING PARENT
BECAME PREGNANT AS A RESULT OF THE DONATION OF THE GAMETE OR EMBRYO AND
A REPRESENTATION OF NON-ACCESS DURING THE TIME OF CONCEPTION; AND
(3) A STATEMENT THAT THE NON-GESTATING INTENDED PARENT CONSENTED TO
ASSISTED REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
(4) PROOF OF DONOR'S DONATIVE INTENT.
(C) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
PREVIOUSLY BEEN RELINQUISHED TO A GAMETE OR EMBRYO STORAGE FACILITY, A
STATEMENT FROM THE GAMETE OR EMBRYO STORAGE FACILITY WITH CUSTODY OF THE
GAMETES OR EMBRYOS THAT THE DONOR DOES NOT RETAIN ANY PARENTAL OR
PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS; OR
(2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, A RECORD FROM THE
GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRMING THAT
THE DONOR HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR
EMBRYOS. THE RECORD SHALL BE SIGNED BY THE GAMETE OR EMBRYO DONOR:
I. BEFORE A NOTARY PUBLIC, OR
II. BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
III. BEFORE THE HEALTH CARE PROVIDER, WHO SUPERVISED THE DONATION.
(3) IN THE ABSENCE OF A RECORD PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE PROCEEDING BY DELIVERY OF A COPY OF THE PETITION 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 DONOR'S
LAST KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT
PRIOR COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEED-
ING BY REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN
A. 1071 5
ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
(4) NOTWITHSTANDING THE ABOVE, WHERE SPERM IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PROVIDER TO SOMEONE OTHER THAN THE SPERM
PROVIDER'S INTIMATE PARTNER OR SPOUSE WITHOUT A RECORD OF THE SPERM
PROVIDER'S INTENT TO PARENT, THE SPERM PROVIDER IS PRESUMED TO BE A
DONOR AND NOTICE IS NOT REQUIRED.
(D) WHERE A PETITION FOR PARENTAGE DEMONSTRATES THE CONSENT OF THE
INTENDED PARENT TO ASSISTED REPRODUCTION, THE DONATIVE INTENT OF THE
GAMETE OR EMBRYO DONOR AND THAT THE PREGNANCY RESULTED FROM THE
DONATION, THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
IS THE ONLY LEGAL PARENT OF THE CHILD; AND
(2) ORDERING THE INTENDED PARENT TO ASSUME SOLE RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(3) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN PURSU-
ANT TO A GESTATIONAL CARRIER ARRANGEMENT. (A) THE PROCEEDING MAY BE
COMMENCED AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN EXECUTED
BY ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT NOT JOIN-
ING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING. FAIL-
URE TO RESPOND TO THE NOTICE SHALL BE CONSIDERED A DEFAULT AND NO
FURTHER NOTICE SHALL BE REQUIRED.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE GESTATIONAL CARRIER OR THE INTENDED PARENT
HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINETY DAYS AT THE TIME
THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
(2) A CERTIFICATION FROM THE ATTORNEYS REPRESENTING THE PETITIONERS
THAT THE PARTIES ARE ELIGIBLE TO PARTICIPATE IN THE GESTATIONAL CARRIER
ARRANGEMENT AS REQUIRED BY SECTION 581-404 OF THIS ARTICLE AND THAT THE
GESTATIONAL AGREEMENT CONTAINS THE REQUIRED TERMS UNDER SECTION 581-405
OF THIS ARTICLE; AND
(3) A STATEMENT THAT THE PARTIES ENTERED INTO THE GESTATIONAL AGREE-
MENT KNOWINGLY AND VOLUNTARILY.
(C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF THIS SECTION, THE
COURT SHALL ISSUE A JUDGMENT OF PARENTAGE, WITHOUT ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
(1) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE INTENDED PARENT IS THE LEGAL PARENT OF
THE CHILD; AND
(2) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND THE GESTATIONAL
CARRIER'S SPOUSE, IF ANY, IS NOT THE LEGAL PARENT OF THE CHILD; AND
(3) ORDERING THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S
SPOUSE, IF ANY, TO TRANSFER THE CHILD TO THE INTENDED PARENT IF THIS HAS
NOT ALREADY OCCURRED; AND
A. 1071 6
(4) ORDERING THE INTENDED PARENT TO ASSUME SOLE RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(5) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
(D) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (B) OF THIS SECTION CANNOT BE MADE BECAUSE OF A TECHNICAL OR
NON-SUBSTANTIAL DEVIATION FROM THE REQUIREMENTS OF SECTIONS 581-404 OR
581-405 OF THIS ARTICLE; THE COURT MAY NEVERTHELESS ENFORCE THE AGREE-
MENT AND ISSUE AN ORDER OF PARENTAGE IF THE COURT DETERMINES THE AGREE-
MENT IS IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF SECTIONS
581-404 AND 581-405 OF THIS ARTICLE.
(E) THE AGREEMENT OF THE INTENDED PARENT TO PAY REASONABLE COMPEN-
SATION TO THE GESTATIONAL CARRIER IN EXCESS OF REASONABLE MEDICAL AND
ANCILLARY COSTS SHALL NOT BE A BAR TO THE ISSUANCE OF A JUDGMENT OF
PARENTAGE.
§ 581-204. 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.
§ 581-205. JURISDICTION. PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE
INSTITUTED IN THE SUPREME, FAMILY OR SURROGATE'S COURT.
PART 3
CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
581-302. STATUS OF DONOR.
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 CUSTODY AND CONTROL TO ONE
INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
§ 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 DONOR. A DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION.
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR ASSISTED REPRODUCTION WITH THE INTENT TO
BE A PARENT OF THE CHILD AND CONSENTS TO ASSISTED REPRODUCTION WITH THE
CONSENT OF THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS
PART, IS A PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
(B) UPON APPLICATION BY ANY PARTICIPANT, THE COURT SHALL ISSUE A JUDG-
MENT OF PARENTAGE TO ANY PARTICIPANT WHO IS A PARENT PURSUANT TO THIS
ACT.
§ 581-304. CONSENT TO ASSISTED REPRODUCTION. (A) WHERE THE INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
A. 1071 7
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 NON-GESTATING SPOUSE TO BE A PARENT OF
THE CHILD.
(B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT ANY
TIME IF THE COURT 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 HIS OR HER OWN.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS CUSTODY AND CONTROL TO ONE INTENDED PARENT. (A)
AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED PARENTS WITH JOINT
CUSTODY AND CONTROL OF AN EMBRYO SHALL BE BINDING UNDER THE FOLLOWING
CIRCUMSTANCES:
(1) IT IS IN WRITING;
(2) EACH INTENDED PARENT HAD THE ADVICE OF COUNSEL PRIOR TO ITS
EXECUTION; AND
(3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF CUSTODY AND
CONTROL OCCURS ONLY UPON DIVORCE.
(B) THE INTENDED PARENT WHO TRANSFERS CUSTODY AND CONTROL OF THE
EMBRYO IS NOT A PARENT OF ANY CHILD BORN FROM THE EMBRYO UNLESS THE
AGREEMENT STATES THAT HE OR SHE CONSENTS TO BE A PARENT.
(C) IF THE INTENDED PARENT TRANSFERRING CUSTODY AND CONTROL CONSENTS
TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER CONSENT TO BE A PARENT
UPON NOTICE TO THE EMBRYO STORAGE FACILITY AND TO THE OTHER INTENDED
PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF HE OR SHE TIMELY WITHDRAWS
CONSENT TO PARENT HE OR SHE IS 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 UNDER NO CIRCUMSTANCES MAY THE INTENDED PARENT
WHO DIVESTED HIM OR HERSELF OF CUSTODY AND CONTROL BE DECLARED TO BE A
A. 1071 8
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER CONSENT. THE PARENT AWARDED
CUSTODY AND 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
GESTATIONAL AGREEMENT
SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
581-404. ELIGIBILITY.
581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.
581-406. TERMINATION OF GESTATIONAL AGREEMENT.
581-407. GESTATIONAL AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE.
581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.
581-410. INSPECTION OF RECORDS.
581-411. EXCLUSIVE, CONTINUING JURISDICTION.
§ 581-401. GESTATIONAL AGREEMENT AUTHORIZED. (A) IF ELIGIBLE UNDER
THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
ER, THE GESTATIONAL CARRIER'S SPOUSE IF APPLICABLE, AND THE INTENDED
PARENT MAY ENTER INTO A GESTATIONAL AGREEMENT WHICH WILL BE ENFORCEABLE
PROVIDED THE GESTATIONAL AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTI-
CLE.
(B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH OF A CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
(C) A GESTATIONAL AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
(D) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER TO MAKE DECISIONS TO SAFEGUARD THE GESTATIONAL CARRIER'S HEALTH
OR THAT OF ANY FETUS OR EMBRYO THE GESTATIONAL CARRIER IS CARRYING.
(E) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER TO TERMINATE THE PREGNANCY OR REDUCE THE NUMBER OF FETUSES OR
EMBRYOS THE GESTATIONAL CARRIER IS CARRYING.
§ 581-404. ELIGIBILITY. (A) A GESTATIONAL CARRIER SHALL BE ELIGIBLE
TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
THE GESTATIONAL CARRIER HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME
THE GESTATIONAL AGREEMENT IS EXECUTED:
(1) THE GESTATIONAL CARRIER IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
(2) THE GESTATIONAL CARRIER HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD; AND
(3) THE GESTATIONAL CARRIER HAS COMPLETED A MEDICAL EVALUATION WITH A
HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
(4) THE GESTATIONAL CARRIER, AND THE GESTATIONAL CARRIER'S SPOUSE IF
APPLICABLE HAVE UNDERGONE LEGAL CONSULTATION WITH INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING WHICH MAY BE PAID FOR BY THE INTENDED
PARENT REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND THE POTEN-
TIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
(5) THE GESTATIONAL CARRIER HAS, OR THE GESTATIONAL AGREEMENT STIPU-
LATES THAT PRIOR TO THE EMBRYO TRANSFER, THE GESTATIONAL CARRIER WILL
A. 1071 9
OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS MAJOR MEDICAL TREATMENTS
AND HOSPITALIZATION, AND THE HEALTH INSURANCE POLICY HAS A TERM THAT
EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR EIGHT
WEEKS AFTER THE BIRTH OF THE CHILD; THE POLICY MAY BE PROCURED AND PAID
FOR BY THE INTENDED PARENTS ON BEHALF OF THE GESTATIONAL CARRIER PURSU-
ANT TO THE GESTATIONAL AGREEMENT.
(B) THE INTENDED PARENT SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF HE, SHE, OR THEY HAVE MET
THE FOLLOWING REQUIREMENTS AT THE TIME THE GESTATIONAL AGREEMENT WAS
EXECUTED:
(1) HE, SHE, OR THEY HAVE UNDERGONE LEGAL CONSULTATION WITH INDEPEND-
ENT LEGAL COUNSEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND
THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT;
AND
(2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT THE SPOUSE OF THE INTENDED PARENT IS NOT REQUIRED TO BE
A PARTY TO THE GESTATIONAL AGREEMENT AND SHALL NOT HAVE PARENTAL RIGHTS
OR OBLIGATIONS TO THE CHILD WHERE THE INTENDED PARENT AND HIS OR HER
SPOUSE:
(I) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
(II) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE GESTATIONAL AGREEMENT.
§ 581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT. (A) A GESTATIONAL
AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS
ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
(1) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
I. THE INTENDED PARENTS, AND
II. THE GESTATIONAL CARRIER, AND THE GESTATIONAL CARRIER'S SPOUSE,
UNLESS;
A. THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE ARE
LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF SEPARATION
OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED BY THE
PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED TO ENTI-
TLE A DEED TO BE RECORDED; OR
B. HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO EXECUTION OF THE GESTATIONAL AGREEMENT; AND
(2) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
(3) IT SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING THE ELIGI-
BILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-404 OF THIS PART
AND BY THE GESTATIONAL CARRIER'S SPOUSE, UNLESS THE GESTATIONAL CARRI-
ER'S SPOUSE'S SIGNATURE IS NOT REQUIRED AS SET FORTH IN THIS SECTION;
AND
(4) IT SHALL BE EXECUTED BY INTENDED PARENTS MEETING THE ELIGIBILITY
REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-404 OF THIS PART; AND
(5) THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE IF
APPLICABLE AND THE INTENDED PARENTS SHALL HAVE BEEN REPRESENTED BY SEPA-
RATE, INDEPENDENT COUNSEL IN ALL MATTERS CONCERNING THE GESTATIONAL
AGREEMENT; AND
(6) IF THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE GESTATIONAL CARRIER, THE COMPENSATION SHALL HAVE BEEN
PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE GESTA-
TIONAL CARRIER'S COMMENCEMENT OF ANY MEDICAL PROCEDURE OTHER THAN
A. 1071 10
MEDICAL EVALUATIONS NECESSARY TO DETERMINE THE GESTATIONAL CARRIER'S
ELIGIBILITY; AND
(7) THE AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW THE INTENDED
PARENTS WILL COVER THE MEDICAL EXPENSES OF THE SURROGATE AND THE CHILD.
IF HEALTH CARE COVERAGE IS USED TO COVER THE MEDICAL EXPENSES, THE
DISCLOSURE SHALL INCLUDE A REVIEW OF THE HEALTH CARE POLICY PROVISIONS
RELATED TO COVERAGE FOR SURROGATE PREGNANCY, INCLUDING ANY POSSIBLE
LIABILITY OF THE SURROGATE, THIRD-PARTY LIABILITY LIENS OR OTHER INSUR-
ANCE COVERAGE, AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVERAGE OR
LIABILITY OF THE SURROGATE.
(8) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
(I) AS TO THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S
SPOUSE, IF ANY:
(A) THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO TRANS-
FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
(B) THE AGREEMENT OF THE GESTATIONAL CARRIER AND THE GESTATIONAL
CARRIER'S SPOUSE, IF ANY, TO SURRENDER CUSTODY OF ALL RESULTING CHILDREN
TO THE INTENDED PARENT IMMEDIATELY UPON THE BIRTH; AND
(C) THE RIGHT OF THE GESTATIONAL CARRIER TO UTILIZE THE SERVICES OF A
HEALTH CARE PRACTITIONER OF THE GESTATIONAL CARRIER'S CHOOSING, TO
PROVIDE HER CARE DURING THE PREGNANCY; AND
(II) AS TO THE INTENDED PARENT:
(A) THE AGREEMENT TO ACCEPT CUSTODY OF ALL RESULTING CHILDREN IMME-
DIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL
CONDITION; AND
(B) THE AGREEMENT TO ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE
CHILD IMMEDIATELY UPON THE CHILD'S BIRTH; AND
(C) THE AGREEMENT THAT THE RIGHTS AND OBLIGATIONS OF THE INTENDED
PARENT UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE.
§ 581-406. TERMINATION OF GESTATIONAL AGREEMENT. AFTER THE EXECUTION
OF A GESTATIONAL AGREEMENT BUT BEFORE THE GESTATIONAL CARRIER BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE GESTATIONAL CARRIER, THE
GESTATIONAL CARRIER'S SPOUSE, IF ANY, OR ANY INTENDED PARENT MAY TERMI-
NATE THE GESTATIONAL AGREEMENT BY GIVING NOTICE OF TERMINATION IN A
RECORD TO ALL OTHER PARTIES. UPON PROPER TERMINATION OF THE GESTATIONAL
AGREEMENT THE PARTIES ARE RELEASED FROM ALL OBLIGATIONS RECITED IN THE
AGREEMENT EXCEPT THAT THE INTENDED PARENT REMAINS RESPONSIBLE FOR ALL
EXPENSES THAT ARE REIMBURSABLE UNDER THE AGREEMENT WHICH HAVE BEEN
INCURRED BY THE GESTATIONAL CARRIER THROUGH THE DATE OF TERMINATION.
UNLESS THE AGREEMENT PROVIDES OTHERWISE, THE GESTATIONAL CARRIER IS
ENTITLED TO KEEP ALL PAYMENTS SHE HAS RECEIVED AND OBTAIN ALL PAYMENTS
TO WHICH THE GESTATIONAL CARRIER IS ENTITLED. NEITHER A PROSPECTIVE
GESTATIONAL CARRIER NOR THE GESTATIONAL CARRIER'S SPOUSE, IF ANY, IS
LIABLE TO THE INTENDED PARENT FOR TERMINATING A GESTATIONAL AGREEMENT AS
PROVIDED IN THIS SECTION.
§ 581-407. GESTATIONAL AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP. AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER THIS
ARTICLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL CARRIER
DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL AGREEMENT, THE GESTATIONAL
CARRIER'S SPOUSE'S CONSENT TO THE AGREEMENT SHALL NOT BE REQUIRED, AND
THE GESTATIONAL CARRIER'S SPOUSE SHALL NOT BE THE PRESUMED PARENT OF THE
RESULTING CHILD.
§ 581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE. WHERE AN
INTENDED PARENT OR THE GESTATIONAL CARRIER FAILS TO OBTAIN A JUDGMENT OF
PARENTAGE PURSUANT TO SECTION 581-203 OF THIS ARTICLE, EITHER BECAUSE
THE GESTATIONAL AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE
A. 1071 11
OR THERE WAS NO GESTATIONAL AGREEMENT, THE PARENTAGE OF A CHILD WILL BE
DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD TAKING INTO ACCOUNT
GENETICS AND THE INTENT OF THE PARTIES. AN INTENDED PARENT'S ABSENCE OF
GENETIC CONNECTION TO THE CHILD IS NOT A SUFFICIENT BASIS TO DENY THAT
INDIVIDUAL A JUDGMENT OF LEGAL PARENTAGE.
§ 581-409. DISPUTE AS TO GESTATIONAL AGREEMENT. (A) ANY DISPUTE WHICH
IS RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO PARENT-
AGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES. IF A GESTATIONAL
AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, EXCEPT AS SET
FORTH IN SUBDIVISION (D) OF SECTION 581-203 OF THIS ARTICLE THE AGREE-
MENT IS NOT ENFORCEABLE.
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE GESTATIONAL AGREEMENT, THE
INTENDED PARENT AND THE GESTATIONAL CARRIER SHALL BE ENTITLED TO ALL
REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE GESTA-
TIONAL AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT TERM THAT
REQUIRES THE GESTATIONAL CARRIER TO BE IMPREGNATED OR TO TERMINATE THE
PREGNANCY OR TO REDUCE THE NUMBER OF FETUSES OR EMBRYOS THE GESTATIONAL
CARRIER IS CARRYING.
§ 581-410. INSPECTION OF RECORDS. THE PROCEEDINGS, RECORDS, AND IDEN-
TITIES OF THE INDIVIDUAL PARTIES TO A GESTATIONAL AGREEMENT UNDER THIS
ARTICLE SHALL BE SEALED EXCEPT UPON THE PETITION OF THE PARTIES TO THE
GESTATIONAL AGREEMENT OR THE CHILD BORN AS A RESULT OF THE GESTATIONAL
CARRIER ARRANGEMENT.
§ 581-411. EXCLUSIVE, CONTINUING JURISDICTION. SUBJECT TO THE JURIS-
DICTIONAL STANDARDS OF SECTION SEVENTY-SIX OF THE DOMESTIC RELATIONS
LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS ARTICLE HAS EXCLUSIVE,
CONTINUING JURISDICTION OF ALL MATTERS ARISING OUT OF THE GESTATIONAL
AGREEMENT UNTIL A CHILD BORN TO THE GESTATIONAL CARRIER DURING THE PERI-
OD GOVERNED BY THE AGREEMENT ATTAINS THE AGE OF ONE HUNDRED EIGHTY DAYS.
PART 5
PAYMENT TO DONORS AND GESTATIONAL CARRIERS
SECTION 581-501. REIMBURSEMENT.
581-502. COMPENSATION.
§ 581-501. REIMBURSEMENT. (A) A DONOR WHO HAS ENTERED INTO A VALID
AGREEMENT TO BE A DONOR, MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
PARENT FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE DONATION
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
DONATION MAY BE REIMBURSED.
§ 581-502. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A DONOR OR
GESTATIONAL CARRIER BASED ON SERVICES RENDERED, EXPENSES AND OR MEDICAL
RISKS THAT HAVE BEEN OR WILL BE INCURRED, TIME, AND INCONVENIENCE. UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR TO PAY FOR THE RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
(B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR GESTATIONAL CARRIER
MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
SAID PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION OF
THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO EIGHT WEEKS AFTER THE
BIRTH OF THE CHILD.
(C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
A. 1071 12
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.
PART 6
MISCELLANEOUS PROVISIONS
SECTION 581-601. REMEDIAL.
581-602. SEVERABILITY.
581-603. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-604. INTERPRETATION.
§ 581-601. REMEDIAL. THIS LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-602. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
§ 581-603. 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.
§ 581-604. 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. Article 8 of the domestic relations law is REPEALED.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such date.
co-Sponsors
Kenneth Zebrowski
David Weprin
Sandy Galef
Ellen C. Jaffee
Steven Otis
Vivian Cook
Albert A. Stirpe
Michael Benedetto
Harry B. Bronson
Walter T. Mosley
Felix Ortiz
Jeffrey Dinowitz
Linda Rosenthal
Phil Steck
Jo Anne Simon
Carrie Woerner
Michaelle C. Solages
Robert C. Carroll
Patricia Fahy
Carmen De La Rosa
Nily Rozic
Aravella Simotas
Charles Lavine
Harvey Epstein
Inez E. Dickens
Karines Reyes
Latrice Walker
Robert J. Rodriguez
multi-Sponsors
Steven Englebright
Richard Gottfried
Crystal Peoples-Stokes
Fred Thiele
2019-A1071A - Details
- See Senate Version of this Bill:
- S2071
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Add Art 5-C Parts 1 - 7 §§581-101 - 581-704, Fam Ct Act; rpld §73, amd §§121 - 124, Art 8 Head, Dom Rel L; amd §§4135-b & 4365, add Art 25-B §2599-cc, Pub Health L; add Art 44 §§1400 - 1403, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A6701, S4617
2015-2016: A4319, S2765
2017-2018: A6959, S17
2019-A1071A - Summary
Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy agreements; restricts genetic surrogate parenting contracts; regulates surrogacy programs; repeals provisions relating to the legitimacy of children born by artificial insemination.
2019-A1071A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1071--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. PAULIN, ZEBROWSKI, WEPRIN, GALEF, JAFFEE, OTIS,
COOK, STIRPE, BENEDETTO, BRONSON, MOSLEY, ORTIZ, DINOWITZ, L. ROSEN-
THAL, STECK, HEVESI, SIMON, WOERNER, SOLAGES, CARROLL, FAHY,
SEAWRIGHT, DE LA ROSA, ROZIC, SIMOTAS, LAVINE, EPSTEIN, DICKENS --
Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GOTTFRIED, PEOPLES-STOKES,
THIELE -- read once and referred to the Committee on Judiciary --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the family court act, in relation to establishing the
child-parent security act; to amend the domestic relations law, in
relation to surrogate parenting agreements; to amend the public health
law, in relation to voluntary acknowledgments of parentage and to
repeal section 73 of the domestic relations law, relating to legitima-
cy of children born by artificial insemination
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
ARTICLE 5-C
CHILD-PARENT SECURITY ACT
PART 1. GENERAL PROVISIONS (581-101 - 581-103)
2. JUDGMENT OF PARENTAGE (581-201 - 581-206)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
4. GESTATIONAL AGREEMENT (581-401 - 581-408)
5. PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
6. MISCELLANEOUS PROVISIONS (581-601 - 581-604)
PART 1
GENERAL PROVISIONS
SECTION 581-101. SHORT TITLE.
581-102. PURPOSE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01279-04-9
A. 1071--A 2
581-103. DEFINITIONS.
§ 581-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED
AS THE "CHILD-PARENT SECURITY ACT".
§ 581-102. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN BORN TO A
SURROGATE WHO CONTRIBUTED THE GAMETES USED IN CONCEPTION.
§ 581-103. DEFINITIONS. (A) "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. DONATION OF GAMETES;
3. DONATION OF EMBRYOS;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(B) "CHILD" MEANS A LIVE BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE
MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
(C) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION FOR
TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
AND ANCILLARY COSTS.
(D) "DONOR" 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.
DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL 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.
(E) "EMBRYO" MEANS A CELL OR GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP OF SUCH CELLS, NOT A GAMETE OR
GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY OF A WOMAN UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
(F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(G) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA THAT
HAS THE POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
HUMAN BEING COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC DNA, OF
ANOTHER HUMAN BEING.
(H) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN AN INTENDED PARENT
AND A GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE
CHILD WILL BE THE LEGAL CHILD OF THE INTENDED PARENTS.
(I) "GESTATIONAL CARRIER" MEANS AN ADULT PERSON NOT AN INTENDED
PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL
BE THE LEGAL CHILD OF THE INTENDED PARENT SO LONG AS SHE HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
(J) "GESTATIONAL CARRIER ARRANGEMENT" MEANS THE PROCESS BY WHICH A
GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD CREATED
THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
(K) "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.
A. 1071--A 3
(L) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO BE
LEGALLY BOUND AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
UCTION OR A GESTATIONAL CARRIER ARRANGEMENT PROVIDED HE OR SHE MEETS THE
REQUIREMENTS OF THIS ARTICLE.
(M) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
(N) "PARENT" MEANS AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW.
(O) "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE THAT
IS USED IN ASSISTED REPRODUCTION, IS AN INTENDED PARENT, IS A GESTATION-
AL CARRIER, OR IS THE SPOUSE OF AN INTENDED PARENT OR GESTATIONAL CARRI-
ER.
(P) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(Q) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(R) "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.
(S) "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.
(T) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES INTO THE
BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
PART 2
JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED PURSUANT TO A GESTATIONAL CARRIER ARRANGE-
MENT.
581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-205. INSPECTION OF RECORDS.
581-206. 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) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(C) A JUDGMENT OF PARENTAGE SHALL BE ISSUED BY THE COURT UPON THE
PETITION OF (1) A CHILD, OR (2) A PARENT, OR (3) A PARTICIPANT, OR (4) A
PERSON WITH A CLAIM TO PARENTAGE, OR (5) THE SUPPORT/ENFORCEMENT AGENCY
OR OTHER GOVERNMENTAL AGENCY AUTHORIZED BY OTHER LAW, OR (6) A REPRESEN-
TATIVE 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 BORN THROUGH ASSISTED REPRODUCTION UNDER PART THREE OF
THIS ARTICLE OR A CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGE-
MENT UNDER PART FOUR OF THIS ARTICLE.
A. 1071--A 4
§ 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
THROUGH ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF
PARENTAGE WITH RESPECT TO A CHILD CONCEIVED THROUGH ASSISTED REPROD-
UCTION 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 STATEMENTS, THE COURT MUST
ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE CHILD:
(1) A STATEMENT THAT AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF AN INTENDED PARENT IS NOT A NEW
YORK STATE RESIDENT, THAT THE CHILD WILL BE OR WAS BORN IN THE STATE
WITHIN NINETY DAYS OF FILING; AND
(2) A STATEMENT FROM THE GESTATING PARENT THAT THE GESTATING PARENT
BECAME PREGNANT AS A RESULT OF ASSISTED REPRODUCTION; AND
(3) STATEMENTS FROM THE GESTATING PARENT, AND WHERE APPLICABLE, NON-
GESTATING INTENDED PARENT OR PARENTS THAT THEY CONSENTED TO ASSISTED
REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
(4) PROOF OF ANY DONOR'S DONATIVE INTENT.
(D) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE 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
DONOR DOES NOT RETAIN ANY PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS; OR
(2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A. A RECORD
FROM THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
ING THAT THE DONOR HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS. THE RECORD SHALL BE SIGNED BY THE GAMETE OR EMBRYO
DONOR. THE RECORD MAY BE, BUT IS NOT REQUIRED TO BE, SIGNED:
(I) BEFORE A NOTARY PUBLIC, OR
(II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
(III) BEFORE A HEALTH CARE PRACTITIONER; OR
B. CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT THAT THE DONOR
HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
(3) IN THE ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE PROCEEDING BY DELIVERY OF A COPY OF THE PETITION 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 DONOR'S
LAST KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT
PRIOR COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEED-
ING BY REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN
ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
(4) NOTWITHSTANDING THE ABOVE, WHERE SPERM IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PRACTITIONER TO SOMEONE OTHER THAN THE
SPERM PROVIDER'S INTIMATE PARTNER OR SPOUSE WITHOUT A RECORD OF THE
A. 1071--A 5
SPERM PROVIDER'S INTENT TO PARENT, THE SPERM PROVIDER IS PRESUMED TO BE
A DONOR AND NOTICE IS NOT REQUIRED.
(E) IN CASES NOT COVERED BY SUBDIVISION (D) OF THIS SECTION, THE COURT
SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH PART THREE
OF THIS ARTICLE.
(F) WHERE A PETITION FOR PARENTAGE DEMONSTRATES THE CONSENT OF THE
INTENDED PARENT TO ASSISTED REPRODUCTION PURSUANT TO SECTIONS 581-303
AND 581-304 OF THIS ARTICLE, THE DONATIVE INTENT PURSUANT TO PARAGRAPH
FOUR OF SUBDIVISION (C) OF THIS SECTION OF THE GAMETE OR EMBRYO DONOR
AND THAT THE PREGNANCY RESULTED FROM ASSISTED REPRODUCTION, THE COURT
SHALL ISSUE A JUDGMENT OF PARENTAGE:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
IS THE LEGAL PARENT OF THE CHILD; AND
(2) ORDERING THE INTENDED PARENT TO ASSUME RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(3) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT. (A) THE PROCEEDING MAY
BE COMMENCED AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN
EXECUTED BY ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT
NOT JOINING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEED-
ING. FAILURE TO RESPOND TO THE NOTICE SHALL BE CONSIDERED A DEFAULT AND
NO FURTHER NOTICE SHALL BE REQUIRED.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE GESTATIONAL CARRIER OR THE INTENDED PARENT
HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINETY DAYS AT THE TIME
THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
(2) A CERTIFICATION FROM THE ATTORNEYS REPRESENTING THE PETITIONERS
THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
(3) A STATEMENT FROM THE PARTIES THAT THEY ENTERED INTO THE GESTATION-
AL AGREEMENT KNOWINGLY AND VOLUNTARILY.
(C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF THIS SECTION THE
COURT SHALL ISSUE A JUDGMENT OF PARENTAGE, WITHOUT ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE GESTATIONAL AGREEMENT, THE INTENDED PARENT IS THE LEGAL PARENT OF
THE CHILD; AND
(2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND THE GESTA-
TIONAL CARRIER'S SPOUSE, IF ANY, IS NOT THE LEGAL PARENT OF THE CHILD;
AND
(3) ORDERING THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S
SPOUSE, IF ANY, TO TRANSFER THE CHILD TO THE INTENDED PARENT IF THIS HAS
NOT ALREADY OCCURRED; AND
A. 1071--A 6
(4) ORDERING THE INTENDED PARENT TO ASSUME RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(5) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
(D) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (B) OF THIS SECTION 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.
§ 581-204. 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.
§ 581-205. 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 UPON PETITION TO THE COURT.
§ 581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION. (A)
PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME,
FAMILY OR SURROGATE'S 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 DONOR.
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-
TIONED CONTROL TO ONE INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
§ 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 DONOR. A DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION.
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS TO, ASSISTED REPROD-
UCTION WITH THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS PART, IS A
PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
A. 1071--A 7
(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 NON-GESTATING SPOUSE TO BE A PARENT OF
THE CHILD.
(B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT ANY
TIME IF THE COURT 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 HIS OR HER OWN.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 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
(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 HE OR SHE CONSENTS TO BE A
PARENT.
(C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL CONSENTS TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER
CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
TY AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF
HE OR SHE TIMELY WITHDRAWS CONSENT TO BE A PARENT HE OR SHE IS NOT A
A. 1071--A 8
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 HIM OR HERSELF
OF LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER 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
GESTATIONAL AGREEMENT
SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
581-402. ELIGIBILITY.
581-403. REQUIREMENTS OF GESTATIONAL AGREEMENT.
581-404. TERMINATION OF GESTATIONAL AGREEMENT.
581-405. GESTATIONAL AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-406. INSUFFICIENT GESTATIONAL AGREEMENT.
581-407. ABSENCE OF GESTATIONAL AGREEMENT.
581-408. DISPUTE AS TO GESTATIONAL AGREEMENT.
§ 581-401. GESTATIONAL AGREEMENT AUTHORIZED. (A) IF ELIGIBLE UNDER
THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
ER, THE GESTATIONAL CARRIER'S SPOUSE IF APPLICABLE, AND THE INTENDED
PARENT MAY ENTER INTO A GESTATIONAL AGREEMENT WHICH WILL BE ENFORCEABLE
PROVIDED THE GESTATIONAL AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTI-
CLE.
(B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH OF A CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
(C) A GESTATIONAL AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
§ 581-402. ELIGIBILITY. (A) A GESTATIONAL CARRIER SHALL BE ELIGIBLE
TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
THE GESTATIONAL CARRIER HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME
THE GESTATIONAL AGREEMENT IS EXECUTED:
(1) THE GESTATIONAL CARRIER IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
(2) THE GESTATIONAL CARRIER HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD; AND
(3) THE GESTATIONAL CARRIER HAS COMPLETED A MEDICAL EVALUATION WITH A
HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
(4) THE GESTATIONAL CARRIER, AND THE GESTATIONAL CARRIER'S SPOUSE IF
APPLICABLE HAVE BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF THEIR
OWN CHOOSING WHICH MAY BE PAID FOR BY THE INTENDED PARENT OR PARENTS
REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND THE POTENTIAL LEGAL
CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
(5) THE GESTATIONAL CARRIER HAS, OR THE GESTATIONAL AGREEMENT STIPU-
LATES THAT PRIOR TO THE EMBRYO TRANSFER, THE GESTATIONAL CARRIER WILL
A. 1071--A 9
OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS MAJOR MEDICAL TREATMENTS
AND HOSPITALIZATION, AND THE HEALTH INSURANCE POLICY HAS A TERM THAT
EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE
WEEKS AFTER THE BIRTH OF THE CHILD; THE POLICY MAY BE PROCURED AND PAID
FOR BY THE INTENDED PARENTS ON BEHALF OF THE GESTATIONAL CARRIER PURSU-
ANT TO THE GESTATIONAL AGREEMENT.
(B) THE INTENDED PARENT SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF HE, SHE, OR THEY HAVE MET
THE FOLLOWING REQUIREMENTS AT THE TIME THE GESTATIONAL AGREEMENT WAS
EXECUTED:
(1) THE INTENDED PARENT HAS BEEN REPRESENTED BY INDEPENDENT LEGAL
COUNSEL OF HIS OR HER OWN CHOOSING REGARDING THE TERMS OF THE GESTATION-
AL AGREEMENT AND THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL
CARRIER ARRANGEMENT; AND
(2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE GESTATIONAL AGREEMENT WITHOUT HIS OR HER 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 GESTATIONAL AGREEMENT.
(3) WHERE THE SPOUSE IS NOT A REQUIRED PARTY TO THE AGREEMENT, THE
SPOUSE IS NOT AN INTENDED PARENT AND SHALL NOT HAVE RIGHTS OR OBLI-
GATIONS TO THE CHILD.
§ 581-403. REQUIREMENTS OF GESTATIONAL AGREEMENT. (A) A GESTATIONAL
AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS
ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
(1) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
(I) THE INTENDED PARENTS, AND
(II) THE GESTATIONAL CARRIER, AND THE GESTATIONAL CARRIER'S SPOUSE IF
ANY, UNLESS;
(A) THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE ARE
LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF SEPARATION
OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED BY THE
PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED TO ENTI-
TLE A DEED TO BE RECORDED; OR
(B) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO EXECUTION OF THE GESTATIONAL AGREEMENT; AND
(2) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
(3) IT SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING THE ELIGI-
BILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-402 OF THIS PART
AND BY THE GESTATIONAL CARRIER'S SPOUSE, UNLESS THE GESTATIONAL CARRI-
ER'S SPOUSE'S SIGNATURE IS NOT REQUIRED AS SET FORTH IN THIS SECTION;
AND
(4) IT SHALL BE EXECUTED BY INTENDED PARENTS MEETING THE ELIGIBILITY
REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402 OF THIS PART; AND
(5) THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE IF
APPLICABLE AND THE INTENDED PARENTS SHALL HAVE BEEN REPRESENTED BY SEPA-
RATE, INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING IN ALL MATTERS
CONCERNING THE GESTATIONAL AGREEMENT; AND
(6) IF THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE GESTATIONAL CARRIER, THOSE FUNDS SHALL HAVE BEEN PLACED IN
ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE GESTATIONAL CARRI-
A. 1071--A 10
ER'S COMMENCEMENT OF ANY MEDICAL PROCEDURE OTHER THAN MEDICAL EVALU-
ATIONS NECESSARY TO DETERMINE THE GESTATIONAL CARRIER'S ELIGIBILITY; AND
(7) THE GESTATIONAL AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW
THE INTENDED PARENTS WILL COVER THE MEDICAL EXPENSES OF THE GESTATIONAL
CARRIER AND THE CHILD. IF HEALTH CARE COVERAGE IS USED TO COVER THE
MEDICAL EXPENSES, THE DISCLOSURE SHALL INCLUDE A REVIEW OF THE HEALTH
CARE POLICY PROVISIONS RELATED TO COVERAGE FOR THE GESTATIONAL CARRIER'S
PREGNANCY, INCLUDING ANY POSSIBLE LIABILITY OF THE GESTATIONAL CARRIER,
THIRD-PARTY LIABILITY LIENS OR OTHER INSURANCE COVERAGE, AND ANY NOTICE
REQUIREMENTS THAT COULD AFFECT COVERAGE OR LIABILITY OF THE GESTATIONAL
CARRIER.
(8) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
(I) AS TO THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S
SPOUSE, IF APPLICABLE:
(A) THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO TRANS-
FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
(B) THE AGREEMENT OF THE GESTATIONAL CARRIER AND THE GESTATIONAL
CARRIER'S SPOUSE, IF APPLICABLE, TO SURRENDER CUSTODY OF ALL RESULTING
CHILDREN TO THE INTENDED PARENT IMMEDIATELY UPON THE BIRTH; AND
(C) THE NAME OF THE ATTORNEY REPRESENTING THE GESTATIONAL CARRIER AND,
IF APPLICABLE, HER SPOUSE; AND
(D) THE AGREEMENT THAT THE RIGHT OF THE GESTATIONAL CARRIER TO MAKE
ALL HEALTH AND WELFARE DECISIONS REGARDING HERSELF AND HER PREGNANCY AND
TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER OF HER CHOOSING
MAY NOT BE LIMITED; AND
(E) THE AGREEMENT THAT THE RIGHT OF THE GESTATIONAL CARRIER TO TERMI-
NATE THE PREGNANCY OR REDUCE THE NUMBER OF FETUSES OR EMBRYOS SHE IS
CARRYING MAY NOT BE LIMITED; AND
(F) THE RIGHT OF THE GESTATIONAL CARRIER TO OBTAIN A LIFE INSURANCE
POLICY DESIGNATING THE BENEFICIARY OF HER CHOICE WHICH WILL BE PAID FOR
BY THE INTENDED PARENT; AND
(G) THE RIGHT OF THE GESTATIONAL CARRIER, AT HER REQUEST, TO OBTAIN
COUNSELING TO ADDRESS ISSUES RESULTING FROM HER PARTICIPATION IN THE
GESTATIONAL CARRIER ARRANGEMENT. THE COST OF THAT COUNSELING SHALL BE
PAID BY THE INTENDED PARENTS.
(II) AS TO THE INTENDED PARENT OR PARENTS:
(A) THE AGREEMENT TO ACCEPT CUSTODY OF ALL RESULTING CHILDREN IMME-
DIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL
CONDITION; AND
(B) THE AGREEMENT TO ASSUME RESPONSIBILITY FOR THE SUPPORT OF THE
CHILD IMMEDIATELY UPON THE CHILD'S BIRTH; AND
(C) THE NAME OF THE ATTORNEY REPRESENTING THE GESTATIONAL CARRIER AND,
IF APPLICABLE, HER SPOUSE; AND
(D) THE AGREEMENT THAT THE RIGHTS AND OBLIGATIONS OF THE INTENDED
PARENT UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE; AND
(E) THE AGREEMENT OF THE INTENDED PARENT TO EXECUTE A WILL, PRIOR TO
THE EMBRYO TRANSFER, DESIGNATING A GUARDIAN FOR THE CHILD WHO IS AUTHOR-
IZED TO PERFORM THE INTENDED PARENT'S OBLIGATIONS PURSUANT TO THE GESTA-
TIONAL AGREEMENT.
§ 581-404. TERMINATION OF GESTATIONAL AGREEMENT. AFTER THE EXECUTION
OF A GESTATIONAL AGREEMENT BUT BEFORE THE GESTATIONAL CARRIER BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE GESTATIONAL CARRIER, THE
GESTATIONAL CARRIER'S SPOUSE, IF APPLICABLE, OR ANY INTENDED PARENT MAY
TERMINATE THE GESTATIONAL AGREEMENT BY GIVING NOTICE OF TERMINATION IN A
RECORD TO ALL OTHER PARTIES. UPON PROPER TERMINATION OF THE GESTATIONAL
AGREEMENT THE PARTIES ARE RELEASED FROM ALL OBLIGATIONS RECITED IN THE
A. 1071--A 11
GESTATIONAL AGREEMENT EXCEPT THAT THE INTENDED PARENT REMAINS RESPONSI-
BLE FOR ALL EXPENSES THAT ARE REIMBURSABLE UNDER THE AGREEMENT WHICH
HAVE BEEN INCURRED BY THE GESTATIONAL CARRIER THROUGH THE DATE OF TERMI-
NATION. UNLESS THE AGREEMENT PROVIDES OTHERWISE, THE GESTATIONAL CARRIER
IS ENTITLED TO KEEP ALL PAYMENTS SHE HAS RECEIVED AND OBTAIN ALL
PAYMENTS TO WHICH SHE IS ENTITLED UP UNTIL THE DATE OF TERMINATION.
NEITHER A PROSPECTIVE GESTATIONAL CARRIER NOR THE GESTATIONAL CARRIER'S
SPOUSE, IF ANY, IS LIABLE TO THE INTENDED PARENT FOR TERMINATING A
GESTATIONAL AGREEMENT AS PROVIDED IN THIS SECTION.
§ 581-405. GESTATIONAL AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP. (A) AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER
THIS ARTICLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL
CARRIER DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL AGREEMENT, THE
GESTATIONAL CARRIER'S SPOUSE'S CONSENT TO THE AGREEMENT SHALL NOT BE
REQUIRED, AND THE GESTATIONAL CARRIER'S SPOUSE SHALL NOT BE THE PRESUMED
PARENT OF THE RESULTING CHILD.
(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 GESTATIONAL AGREEMENT.
§ 581-406. INSUFFICIENT GESTATIONAL AGREEMENT. IF A GESTATIONAL AGREE-
MENT DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE, THE AGREE-
MENT IS NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON
THE INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE BEST INTERESTS OF THE
CHILD.
§ 581-407. ABSENCE OF GESTATIONAL AGREEMENT. WHERE THERE IS NO GESTA-
TIONAL AGREEMENT, THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON
THE BEST INTERESTS OF THE CHILD TAKING INTO ACCOUNT THE INTENT OF THE
PARTIES. AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A JUDGMENT OF LEGAL
PARENTAGE.
§ 581-408. DISPUTE AS TO GESTATIONAL AGREEMENT. (A) ANY DISPUTE WHICH
IS RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO PARENT-
AGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES.
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE GESTATIONAL AGREEMENT, THE
INTENDED PARENT AND THE GESTATIONAL CARRIER SHALL BE ENTITLED TO ALL
REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE GESTA-
TIONAL AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT TERM THAT
REQUIRES THE GESTATIONAL CARRIER TO BE IMPREGNATED OR TO TERMINATE THE
PREGNANCY OR TO REDUCE THE NUMBER OF FETUSES OR EMBRYOS THE GESTATIONAL
CARRIER IS CARRYING.
PART 5
PAYMENT TO DONORS AND GESTATIONAL CARRIERS
SECTION 581-501. REIMBURSEMENT.
581-502. COMPENSATION.
§ 581-501. REIMBURSEMENT. (A) A DONOR WHO HAS ENTERED INTO A VALID
AGREEMENT TO BE A DONOR, MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
PARENT FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE DONATION
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
DONATION MAY BE REIMBURSED.
A. 1071--A 12
§ 581-502. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A DONOR OR
GESTATIONAL CARRIER BASED ON MEDICAL RISKS, PHYSICAL DISCOMFORT, INCON-
VENIENCE AND THE RESPONSIBILITIES THEY ARE UNDERTAKING IN CONNECTION
WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION. UNDER NO CIRCUM-
STANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS OR TO
PAY FOR THE RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
(B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR GESTATIONAL CARRIER
MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
SAID PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION OF
THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO EIGHT WEEKS AFTER THE
BIRTH OF THE CHILD.
(C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.
PART 6
MISCELLANEOUS PROVISIONS
SECTION 581-601. REMEDIAL.
581-602. SEVERABILITY.
581-603. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-604. INTERPRETATION.
§ 581-601. REMEDIAL. THIS LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-602. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
§ 581-603. 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.
§ 581-604. 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] GENETIC SURROGATE" shall mean a woman who gives
birth to a child WHO IS HER GENETIC CHILD pursuant to a surrogate
parenting [contract] AGREEMENT.
2. "[Genetic father] INTENDED PARENT" 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] PERSON
WHO ENTERS INTO A SURROGATE PARENTING AGREEMENT WITH THE INTENT TO BE
THE LEGAL PARENT OF THE CHILD BORN TO THE GENETIC SURROGATE.
[4.] 3. "Surrogate parenting [contract] AGREEMENT" shall mean any
agreement, oral or written, in which:
(a) a [woman] GENETIC SURROGATE agrees either to be inseminated with
the sperm of a [man] PERSON who is not her [husband] SPOUSE or to be
impregnated with an embryo that is the product of [an] THE GENETIC
A. 1071--A 13
SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is not
her [husband] SPOUSE; and
(b) the [woman] GENETIC SURROGATE agrees [to, or intends to, surrender
or consent to the adoption of] THAT the child born as a result of such
insemination or impregnation WILL BE THE LEGAL CHILD OF THE INTENDED
PARENTS AND THAT SHE WILL NOT HAVE ANY PARENTAL RIGHTS TO SAID CHILD.
§ 4. Section 122 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 122. Public policy. [Surrogate parenting contracts are hereby
declared contrary to the public policy of this state, and are void and
unenforceable] ENFORCEMENT OF A SURROGATE PARENTING AGREEMENT AGAINST A
GENETIC SURROGATE WHO OBJECTS TO THE TERMINATION OF HER PARENTAL RIGHTS
IS CONTRARY TO THE PUBLIC POLICY OF THIS STATE, AND THE SURROGATE
PARENTING AGREEMENT IS VOID AND UNENFORCEABLE.
§ 5. Section 123 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 123. [Prohibitions and penalties] PERMISSIBLE PAYMENTS. [1. No
person or other entity shall knowingly request, accept, receive, pay or
give any fee, compensation or other remuneration, directly or indirect-
ly, in connection with any surrogate parenting contract, or induce,
arrange or otherwise assist in arranging a surrogate parenting contract
for a fee, compensation or other remuneration, except for] A GENETIC
SURROGATE MAY RECEIVE THE FOLLOWING PAYMENTS:
[(a)] 1. REASONABLE COMPENSATION OR LIVING EXPENSES IN CONNECTION WITH
A SURROGATE PARENTING AGREEMENT;
2. payments in connection with the adoption of a child permitted by
subdivision six of section three hundred seventy-four of the social
services law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
[(b)] 3. payments for reasonable and actual medical fees and hospital
expenses for artificial insemination or in vitro fertilization services
incurred by the [mother] GENETIC SURROGATE in connection with the birth
of the child.
[2. (a) A birth mother or her husband, a genetic father and his wife,
and, if the genetic mother is not the birth mother, the genetic mother
and her husband who violate this section shall be subject to a civil
penalty not to exceed five hundred dollars.
(b) Any other person or entity who or which induces, arranges or
otherwise assists in the formation of a surrogate parenting contract for
a fee, compensation or other remuneration or otherwise violates this
section shall be subject to a civil penalty not to exceed ten thousand
dollars and forfeiture to the state of any such fee, compensation or
remuneration in accordance with the provisions of subdivision (a) of
section seven thousand two hundred one of the civil practice law and
rules, for the first such offense. Any person or entity who or which
induces, arranges or otherwise assists in the formation of a surrogate
parenting contract for a fee, compensation or other remuneration or
otherwise violates this section, after having been once subject to a
civil penalty for violating this section, shall be guilty of a felony.]
§ 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 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, regarding parental rights, status or
A. 1071--A 14
obligations with respect to a child born pursuant to a surrogate parent-
ing contract:] 1. AFTER THE BIRTH OF A CHILD BORN PURSUANT TO A SURRO-
GATE PARENTING AGREEMENT, ANY PARTY WITH A CLAIM TO LEGAL PARENTAGE
PURSUANT TO THE SURROGATE PARENTING AGREEMENT MAY PETITION FOR A JUDG-
MENT OF PARENTAGE DECLARING THE LEGAL RIGHTS OF THE PARTIES PURSUANT TO
THE AGREEMENT.
2. IF THE GENETIC SURROGATE OBJECTS TO THE TERMINATION OF HER PARENTAL
RIGHTS PURSUANT TO A SURROGATE PARENTING AGREEMENT:
(A) the court shall not consider the [birth mother's] GENETIC SURRO-
GATE'S participation in a surrogate parenting [contract] AGREEMENT as
adverse to her parental rights, status, or obligations; and
[2.] (B) 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] GENETIC SURRO-
GATE 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.
3. (A) IF A GENETIC SURROGATE HAS NO OBJECTION TO THE TERMINATION OF
HER PARENTAL RIGHTS PURSUANT TO THE SURROGATE PARENTING AGREEMENT, THE
COURT MAY ISSUE AN ORDER WHICH TERMINATES THE GENETIC SURROGATE'S
PARENTAL RIGHTS AND DECLARES THE INTENDED PARENT OR PARENTS TO BE THE
LEGAL PARENT OR PARENTS OF THE CHILD.
(B) THE PARTIES SHALL SUBMIT AFFIDAVITS OF FINANCIAL DISCLOSURE TO THE
COURT DECLARING ALL PAYMENTS MADE TO OR ON BEHALF OF THE GENETIC SURRO-
GATE IN CONNECTION WITH THE SURROGATE PARENTING AGREEMENT PRIOR TO THE
ISSUANCE OF ANY SUCH ORDER.
4. THE COURT MAY REFUSE TO ISSUE SAID ORDER IF THE COURT DETERMINES
THAT:
(A) IT IS NOT IN THE BEST INTERESTS OF THE CHILD; OR
(B) THE COURT DETERMINES THAT THE GENETIC SURROGATE'S FAILURE TO
OBJECT TO THE TERMINATION OF HER PARENTAL RIGHTS WAS UNDULY INFLUENCED
BY FINANCIAL DURESS IN THE FORM OF UNREASONABLY HIGH COMPENSATION.
§ 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:
§ 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.
A. 1071--A 15
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 GENETIC 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) 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;
(II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
(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 DONOR 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
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 GENERIC PARENT OR THAT THE ACKNOWLEDGED 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
A. 1071--A 16
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;
(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
A. 1071--A 17
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] PARENTAGE for 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-
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.
A. 1071--A 18
(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
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
A. 1071--A 19
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. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such date.
co-Sponsors
Kenneth Zebrowski
David Weprin
Sandy Galef
Ellen C. Jaffee
Steven Otis
Vivian Cook
Albert A. Stirpe
Michael Benedetto
Harry B. Bronson
Walter T. Mosley
Felix Ortiz
Jeffrey Dinowitz
Linda Rosenthal
Phil Steck
Jo Anne Simon
Carrie Woerner
Michaelle C. Solages
Robert C. Carroll
Carmen De La Rosa
Nily Rozic
Aravella Simotas
Charles Lavine
Harvey Epstein
Inez E. Dickens
Karines Reyes
Latrice Walker
Robert J. Rodriguez
Steve Stern
Victor M. Pichardo
Catalina Cruz
Michael Blake
Dan Quart
Yuh-Line Niou
Nader Sayegh
multi-Sponsors
Steven Englebright
Richard Gottfried
Crystal Peoples-Stokes
Fred Thiele
2019-A1071B - Details
- See Senate Version of this Bill:
- S2071
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Add Art 5-C Parts 1 - 7 §§581-101 - 581-704, Fam Ct Act; rpld §73, amd §§121 - 124, Art 8 Head, Dom Rel L; amd §§4135-b & 4365, add Art 25-B §2599-cc, Pub Health L; add Art 44 §§1400 - 1403, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A6701, S4617
2015-2016: A4319, S2765
2017-2018: A6959, S17
2019-A1071B - Summary
Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy agreements; restricts genetic surrogate parenting contracts; regulates surrogacy programs; repeals provisions relating to the legitimacy of children born by artificial insemination.
2019-A1071B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1071--B
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. PAULIN, ZEBROWSKI, WEPRIN, GALEF, JAFFEE, OTIS,
COOK, STIRPE, BENEDETTO, BRONSON, MOSLEY, ORTIZ, DINOWITZ, L. ROSEN-
THAL, STECK, SIMON, WOERNER, SOLAGES, CARROLL, FAHY, DE LA ROSA,
ROZIC, SIMOTAS, LAVINE, EPSTEIN, DICKENS, REYES, WALKER, RODRIGUEZ --
Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GOTTFRIED,
PEOPLES-STOKES, THIELE -- read once and referred to the Committee on
Judiciary -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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; to amend the domestic relations law,
in relation to restricting genetic surrogate parenting contracts; to
amend the public health law, in relation to voluntary acknowledgments
of parentage; to amend the general business law, in relation to the
regulation of surrogacy brokers; and to repeal section 73 of the
domestic relations law, relating to legitimacy of children born by
artificial insemination
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 - 581-206)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
4. SURROGACY AGREEMENT (581-401 - 581-409)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01279-20-9
A. 1071--B 2
5. PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES (581-501 -
581-502)
6. MISCELLANEOUS PROVISIONS (581-601 - 581-604)
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 HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN BORN TO A
PERSON ACTING AS SURROGATE WHO CONTRIBUTED THE GAMETES USED IN
CONCEPTION. NO FERTILIZED EGG, EMBRYO OR FETUS SHALL HAVE ANY INDEPEND-
ENT RIGHTS 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.
§ 581-102. DEFINITIONS. (A) "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. DONATION OF GAMETES;
3. DONATION OF EMBRYOS;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(B) "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
DETERMINED UNDER THIS ACT OR OTHER LAW.
(C) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION IN
EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
(D) "DONOR" 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.
DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL 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.
(E) "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.
(F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(G) "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.
(H) "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
PARENTS.
(I) "PERSON ACTING AS SURROGATE" MEANS AN ADULT PERSON, NOT AN
INTENDED PARENT, WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR A CHILD
WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD.
A. 1071--B 3
(J) "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.
(K) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO BE
LEGALLY BOUND AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
UCTION OR A SURROGACY AGREEMENT PROVIDED HE OR SHE MEETS THE REQUIRE-
MENTS OF THIS ARTICLE.
(L) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
(M) "PARENT" MEANS AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW.
(N) "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.
(O) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(P) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(Q) "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.
(R) "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.
(S) "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. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-205. INSPECTION OF RECORDS.
581-206. 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) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(C) A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
CONCEIVED THROUGH 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
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 BORN
A. 1071--B 4
THROUGH ASSISTED REPRODUCTION UNDER PART THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A SURROGACY AGREEMENT UNDER PART FOUR OF THIS
ARTICLE.
§ 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
THROUGH ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF
PARENTAGE WITH RESPECT TO A CHILD CONCEIVED THROUGH ASSISTED REPROD-
UCTION 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 STATEMENTS, THE COURT MUST
ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE CHILD:
(1) A STATEMENT THAT AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF AN INTENDED PARENT IS NOT A NEW
YORK STATE RESIDENT, THAT THE CHILD WILL BE OR WAS BORN IN THE STATE
WITHIN NINETY DAYS OF FILING; AND
(2) A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE GESTATING
INTENDED PARENT BECAME PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
AND
(3) IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A STATE-
MENT FROM THE GESTATING INTENDED PARENT AND NON-GESTATING INTENDED
PARENT THAT THE NON-GESTATING INTENDED PARENT CONSENTED TO ASSISTED
REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
(4) PROOF OF ANY DONOR'S DONATIVE INTENT.
(D) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE 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
DONOR DOES NOT RETAIN ANY PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS; OR
(2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A. A RECORD
FROM THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
ING THAT THE DONOR HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS. THE RECORD SHALL BE SIGNED BY THE GESTATING
INTENDED PARENT AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY BE, BUT
IS NOT REQUIRED TO BE, SIGNED:
(I) BEFORE A NOTARY PUBLIC, OR
(II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
(III) BEFORE A HEALTH CARE PRACTITIONER; OR
B. CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT THAT THE DONOR
HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
(3) IN THE ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE PROCEEDING BY DELIVERY OF A COPY OF THE PETITION 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 DONOR'S
LAST KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT
PRIOR COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEED-
A. 1071--B 5
ING BY REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN
ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
(4) NOTWITHSTANDING THE ABOVE, WHERE SPERM IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PRACTITIONER TO SOMEONE OTHER THAN THE
SPERM PROVIDER'S INTIMATE PARTNER OR SPOUSE WITHOUT A RECORD OF THE
SPERM PROVIDER'S INTENT TO PARENT, THE SPERM PROVIDER IS PRESUMED TO BE
A DONOR AND NOTICE IS NOT REQUIRED.
(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-
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
IS THE LEGAL PARENT OF THE CHILD; AND
(2) ORDERING THE INTENDED PARENT TO ASSUME RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT A PARENT OF
THE CHILD; 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 ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
PURSUANT TO A SURROGACY AGREEMENT. (A) THE PROCEEDING MAY BE COMMENCED
AT ANY TIME AFTER THE SURROGACY AGREEMENT HAS BEEN EXECUTED BY ALL OF
THE PARTIES. ANY PARTY TO THE SURROGACY AGREEMENT NOT JOINING IN THE
PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING. FAILURE TO
RESPOND TO THE NOTICE SHALL BE CONSIDERED A DEFAULT AND NO FURTHER
NOTICE SHALL BE REQUIRED.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINE-
TY DAYS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
(2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
OR PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
(3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT THEY
ENTERED INTO THE SURROGACY AGREEMENT KNOWINGLY AND VOLUNTARILY.
(C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF THIS SECTION THE
COURT SHALL ISSUE A JUDGMENT OF PARENTAGE, WITHOUT ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS IS THE LEGAL
PARENT OR PARENTS OF THE CHILD; AND
(2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE PERSON ACTING AS SURROGATE, AND THE
A. 1071--B 6
SPOUSE OF THE PERSON ACTING AS SURROGATE, IF ANY, IS NOT THE LEGAL
PARENT OF THE CHILD; AND
(3) ORDERING THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE
PERSON ACTING AS SURROGATE, IF ANY, TO TRANSFER THE CHILD TO THE
INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED; AND
(4) ORDERING THE INTENDED PARENT OR PARENTS TO ASSUME RESPONSIBILITY
FOR THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
(5) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
(D) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (B) OF THIS SECTION 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.
§ 581-204. 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.
§ 581-205. 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.
§ 581-206. 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 DONOR.
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-
TIONED CONTROL TO ONE INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
§ 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 DONOR. A DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION.
A. 1071--B 7
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS TO, ASSISTED REPROD-
UCTION WITH THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
THE GESTATING 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 NON-GESTATING SPOUSE TO BE A PARENT OF
THE CHILD.
(B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT ANY
TIME IF THE COURT 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 HIS OR HER OWN.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 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
(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 HE OR SHE CONSENTS TO BE A
PARENT.
A. 1071--B 8
(C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL CONSENTS TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER
CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
TY AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF
HE OR SHE TIMELY WITHDRAWS CONSENT TO BE A PARENT HE OR SHE IS 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 HIM OR HERSELF
OF LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER 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 SURROGACY AGREEMENT.
581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-405. TERMINATION OF SURROGACY AGREEMENT.
581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
581-407. INSUFFICIENT SURROGACY AGREEMENT.
581-408. ABSENCE OF SURROGACY AGREEMENT.
581-409. DISPUTE AS TO 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.
(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 FIVE OF THIS ARTICLE.
§ 581-402. ELIGIBILITY TO ENTER 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; AND
(2) THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO
CONCEIVE THE RESULTING CHILD; AND
A. 1071--B 9
(3) THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL EVALUATION
WITH A HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY;
AND
(4) 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 EXCEPT THAT A PERSON ACTING AS
SURROGATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE
THE INTENDED PARENT OR PARENTS PAY THE FEE FOR SUCH LEGAL COUNSEL; AND
(5) THE PERSON ACTING AS SURROGATE HAS, OR THE SURROGACY AGREEMENT
STIPULATES THAT PRIOR TO THE EMBRYO TRANSFER, THE PERSON ACTING AS
SURROGATE WILL OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS MAJOR
MEDICAL TREATMENTS AND HOSPITALIZATION, AND THE HEALTH INSURANCE POLICY
HAS A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNAN-
CY AND FOR TWELVE WEEKS AFTER THE BIRTH OF THE CHILD; 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 PREGNANCY, EXCEPT THAT
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.
(B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
ENFORCEABLE SURROGACY AGREEMENT UNDER THIS ARTICLE IF HE, SHE OR THEY
HAVE MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
WAS EXECUTED:
(1) 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 CHOOSING; AND
(2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER 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.
(3) 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.
§ 581-403. REQUIREMENTS OF SURROGACY AGREEMENT. A SURROGACY AGREEMENT
SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS ARTICLE AND
BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
(A) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
(1) EACH INTENDED PARENT, AND
(2) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
(I) 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-
A. 1071--B 10
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) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT; AND
(B) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
(C) 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, UNLESS THE
SIGNATURE OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE IS NOT
REQUIRED AS SET FORTH IN THIS SECTION; AND
(D) IT SHALL BE EXECUTED BY INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402 OF THIS
PART; AND
(E) 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; AND
(F) 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 COMMENCING WITH ANY MEDICAL PROCEDURE OTHER THAN
MEDICAL EVALUATIONS NECESSARY TO DETERMINE THE PERSON ACTING AS SURRO-
GATE'S ELIGIBILITY; AND
(G) 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 THE CHILD. IF HEALTH CARE COVERAGE IS
USED TO COVER THE MEDICAL EXPENSES, 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
INSURANCE COVERAGE, AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVER-
AGE OR LIABILITY OF THE PERSON ACTING AS SURROGATE.
(H) THE SURROGACY AGREEMENT MUST COMPLY WITH ALL OF 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; AND
(II) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, AGREE TO SURRENDER CUSTODY OF ALL
RESULTING CHILDREN TO THE INTENDED PARENT OR PARENTS IMMEDIATELY UPON
BIRTH; AND
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE PERSON ACTING AS SURROGATE AND, IF APPLICABLE, THE
SPOUSE OF THE PERSON ACTING AS SURROGATE; AND
(IV) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURRO-
GATE TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEMSELF AND
THEIR PREGNANCY INCLUDING BUT NOT LIMITED TO, WHETHER TO CONSENT TO A
CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, 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; AND
A. 1071--B 11
(V) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS A SURRO-
GATE TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER OF THE
PERSON'S CHOOSING; AND
(VI) THE SURROGACY AGREEMENT MUST NOT LIMIT THE RIGHT OF THE PERSON
ACTING AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE OR
RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING; AND
(VII) THE SURROGACY AGREEMENT MUST PROVIDE THAT, UPON REQUEST, THE
INTENDED PARENT OR PARENTS HAVE OR WILL PROCURE AND PAY FOR A LIFE
INSURANCE POLICY FOR THE PERSON ACTING AS SURROGATE; THE PERSON ACTING
AS SURROGATE MAY DESIGNATE THE BENEFICIARY OF THE PERSON'S CHOOSING; AND
(VIII) THE SURROGACY AGREEMENT SHALL PROVIDE FOR THE RIGHT OF THE
PERSON ACTING AS SURROGATE, UPON REQUEST, TO OBTAIN COUNSELING TO
ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
CY 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 CUSTODY OF ALL
RESULTING CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER,
OR MENTAL OR PHYSICAL CONDITION; AND
(II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE INTENDED PARENT OR PARENTS; AND
(IV) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS AND OBLI-
GATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY AGREEMENT
ARE NOT ASSIGNABLE; AND
(V) 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.
§ 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 SURROGACY AGREEMENT. AFTER THE EXECUTION OF
A SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, OR
ANY INTENDED PARENT MAY TERMINATE THE SURROGACY AGREEMENT BY GIVING
NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES. UPON PROPER
TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL
OBLIGATIONS RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE INTENDED
PARENT OR PARENTS REMAINS RESPONSIBLE FOR ALL EXPENSES THAT ARE REIM-
BURSABLE UNDER THE AGREEMENT WHICH HAVE BEEN INCURRED BY THE PERSON
ACTING AS SURROGATE THROUGH THE DATE OF TERMINATION. UNLESS THE AGREE-
MENT PROVIDES OTHERWISE, THE PERSON ACTING AS SURROGATE IS ENTITLED TO
KEEP ALL PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH THE PERSON
IS ENTITLED UP UNTIL THE DATE OF TERMINATION. NEITHER A PERSON ACTING AS
SURROGATE NOR THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF ANY, IS
A. 1071--B 12
LIABLE TO THE INTENDED PARENT OR PARENTS FOR TERMINATING A SURROGACY
AGREEMENT AS PROVIDED IN THIS SECTION.
§ 581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT. UPON THE
BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
AGREEMENT THAT COMPLIES WITH THIS PART, EACH INTENDED PARENT IS, BY
OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
A GESTATIONAL SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF
THE CHILD.
§ 581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE, THE AGREEMENT
IS NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE BEST INTERESTS OF THE
CHILD. AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A JUDGMENT OF LEGAL
PARENTAGE.
§ 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
AGREEMENT, THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
LAWS OF THIS STATE.
§ 581-409. DISPUTE AS TO SURROGACY AGREEMENT. (A) ANY DISPUTE WHICH
IS RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS TO PARENTAGE
SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES.
(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 A SURROGACY AGREEMENT TERM
THAT REQUIRES THE PERSON ACTING AS SURROGATE TO BE IMPREGNATED OR TO
TERMINATE OR CONTINUE THE PREGNANCY OR TO REDUCE OR RETAIN THE NUMBER OF
FETUSES OR EMBRYOS THE PERSON ACTING AS SURROGATE IS CARRYING.
PART 5
PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
SECTION 581-501. REIMBURSEMENT.
581-502. COMPENSATION.
§ 581-501. REIMBURSEMENT. (A) A DONOR WHO HAS ENTERED INTO A VALID
AGREEMENT TO BE A DONOR MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
PARENT OR PARENTS FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE
DONATION WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBR-
YOS.
(B) PREMIUMS PAID FOR INSURANCE AGAINST ECONOMIC LOSSES DIRECTLY
RESULTING FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS FOR
DONATION MAY BE REIMBURSED.
§ 581-502. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A DONOR OR
PERSON ACTING AS SURROGATE 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 DONOR OR PERSON ACTING AS
SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE
PARTIES, AND SAID PAYMENTS TO A PERSON ACTING AS SURROGATE SHALL NOT
EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO
EIGHT WEEKS AFTER THE BIRTH OF ANY RESULTING CHILDREN.
A. 1071--B 13
(C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
PART 6
MISCELLANEOUS PROVISIONS
SECTION 581-601. REMEDIAL.
581-602. SEVERABILITY.
581-603. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-604. INTERPRETATION.
§ 581-601. REMEDIAL. THIS LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-602. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
§ 581-603. 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.
§ 581-604. 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"] "GENETIC SURROGATE" shall mean a [woman] PERSON
who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
a GENETIC surrogate parenting [contract] AGREEMENT.
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"] "GENETIC SURROGATE PARENTING AGREE-
MENT" shall mean any agreement, oral or written, in which:
(a) a [woman] GENETIC SURROGATE agrees either to be inseminated with
the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or to
be impregnated with an embryo that is the product of [an] THE GENETIC
SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is not
[her husband] THEIR SPOUSE; and
(b) the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
or consent to the adoption of the child born as a result of such insemi-
nation or impregnation.
§ 4. Section 122 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 122. Public policy. [Surrogate] GENETIC SURROGATE parenting
[contracts] AGREEMENTS are hereby declared contrary to the public policy
of this state, and are void and unenforceable.
§ 5. Section 123 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 123. Prohibitions and penalties. [1.] No person or other entity
shall knowingly request, accept, receive, pay or give any fee, compen-
A. 1071--B 14
sation or other remuneration, directly or indirectly, in connection with
any GENETIC surrogate parenting [contract] AGREEMENT, or induce, arrange
or otherwise assist in arranging a GENETIC surrogate parenting
[contract] AGREEMENT for a fee, compensation or other remuneration,
except for:
(a) payments in connection with the adoption of a child permitted by
subdivision six of section three hundred seventy-four of the social
services law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
(b) payments for reasonable and actual medical fees and hospital
expenses for artificial insemination or in vitro fertilization services
incurred by the [mother] GENETIC SURROGATE in connection with the birth
of the child.
[2. (a) A birth mother or her husband, a genetic father and his wife,
and, if the genetic mother is not the birth mother, the genetic mother
and her husband who violate this section shall be subject to a civil
penalty not to exceed five hundred dollars.
(b) Any other person or entity who or which induces, arranges or
otherwise assists in the formation of a surrogate parenting contract for
a fee, compensation or other remuneration or otherwise violates this
section shall be subject to a civil penalty not to exceed ten thousand
dollars and forfeiture to the state of any such fee, compensation or
remuneration in accordance with the provisions of subdivision (a) of
section seven thousand two hundred one of the civil practice law and
rules, for the first such offense. Any person or entity who or which
induces, arranges or otherwise assists in the formation of a surrogate
parenting contract for a fee, compensation or other remuneration or
otherwise violates this section, after having been once subject to a
civil penalty for violating this section, shall be guilty of a felony.]
§ 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] GENETIC 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 SURROGATE PARENT-
ING AGREEMENT, regarding parental rights, status or obligations with
respect to a child born pursuant to a GENETIC surrogate parenting
[contract] AGREEMENT:
1. the court shall not consider the [birth mother's] GENETIC SURRO-
GATE'S participation in a GENETIC surrogate parenting [contract] AGREE-
MENT 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] GENETIC SURRO-
GATE who has executed a valid surrender or consent to the adoption,
A. 1071--B 15
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:
§ 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 GENETIC 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) 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;
(II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
(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 DONOR 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
A. 1071--B 16
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
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 GENETIC PARENT OR THAT THE ACKNOWLEDGED 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;
A. 1071--B 17
(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;
(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
A. 1071--B 18
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-
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.
A. 1071--B 19
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
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:
GENETIC SURROGATE PARENTING CONTRACTS
§ 9. The general business law is amended by adding a new article 44 to
read as follows:
ARTICLE 44
REGULATION OF SURROGACY BROKERS
SECTION 1400. DEFINITIONS.
1401. BROKERS REGULATED UNDER THIS ARTICLE.
1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW.
1403. REGULATIONS.
§ 1400. DEFINITIONS. AS USED IN THIS SECTION:
(A) THE DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT ACT SHALL
APPLY.
(B) "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.
(C) "SURROGACY BROKER" INCLUDES BUT IS NOT LIMITED TO ANY AGENCY,
AGENT, BUSINESS, OR INDIVIDUAL ENGAGED IN, ARRANGING, OR FACILITATING
TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARDLESS OF WHETH-
ER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS OF ARTICLE
FIVE-C OF THE FAMILY COURT ACT.
A. 1071--B 20
§ 1401. BROKERS REGULATED UNDER THIS ARTICLE. THE PROVISIONS OF THIS
ARTICLE APPLY TO SURROGACY BROKERS ARRANGING OR FACILITATING TRANS-
ACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT UNDER PART FOUR OF ARTICLE
FIVE-C OF THE FAMILY COURT ACT IF:
(A) THE SURROGACY BROKER DOES BUSINESS IN NEW YORK STATE;
(B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
(C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
IN NEW YORK STATE.
§ 1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW. A SURROGACY BROKER TO WHICH THIS ARTICLE APPLIES:
(A) MUST KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE INTENDED PARENT OR
PARENTS IN A SEPARATE, LICENSED ESCROW FUND;
(B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT;
(C) 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;
(D) 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; AND
(E) 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.
§ 1403. REGULATIONS. THE DEPARTMENT OF FINANCIAL SERVICES SHALL
PROMULGATE REGULATIONS TO IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE,
AND SHALL ANNUALLY REPORT TO THE STATE LEGISLATURE REGARDING THE PRAC-
TICES OF SURROGACY BROKERS IN NEW YORK STATE, WITH RECOMMENDATIONS FOR
ANY NECESSARY AMENDMENTS TO THIS ARTICLE.
§ 10. 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.
co-Sponsors
Kenneth Zebrowski
David Weprin
Sandy Galef
Steven Otis
Albert A. Stirpe
Michael Benedetto
Harry B. Bronson
Walter T. Mosley
Felix Ortiz
Jeffrey Dinowitz
Linda Rosenthal
Phil Steck
Jo Anne Simon
Carrie Woerner
Robert C. Carroll
Carmen De La Rosa
Aravella Simotas
Charles Lavine
Harvey Epstein
Inez E. Dickens
Karines Reyes
Latrice Walker
Robert J. Rodriguez
Steve Stern
Victor M. Pichardo
Catalina Cruz
Michael Blake
Dan Quart
Yuh-Line Niou
Nader Sayegh
Anthony D'Urso
David Buchwald
multi-Sponsors
Steven Englebright
Richard Gottfried
Crystal Peoples-Stokes
Fred Thiele
2019-A1071C (ACTIVE) - Details
- See Senate Version of this Bill:
- S2071
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Add Art 5-C Parts 1 - 7 §§581-101 - 581-704, Fam Ct Act; rpld §73, amd §§121 - 124, Art 8 Head, Dom Rel L; amd §§4135-b & 4365, add Art 25-B §2599-cc, Pub Health L; add Art 44 §§1400 - 1403, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A6701, S4617
2015-2016: A4319, S2765
2017-2018: A6959, S17
2019-A1071C (ACTIVE) - Summary
Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy agreements; restricts genetic surrogate parenting contracts; regulates surrogacy programs; repeals provisions relating to the legitimacy of children born by artificial insemination.
2019-A1071C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1071--C
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. PAULIN, ZEBROWSKI, WEPRIN, GALEF, JAFFEE, OTIS,
COOK, STIRPE, BENEDETTO, BRONSON, MOSLEY, ORTIZ, DINOWITZ, L. ROSEN-
THAL, STECK, SIMON, WOERNER, SOLAGES, CARROLL, DE LA ROSA, ROZIC,
SIMOTAS, LAVINE, EPSTEIN, DICKENS, REYES, WALKER, RODRIGUEZ, STERN,
PICHARDO, CRUZ, BLAKE, QUART, NIOU, SAYEGH -- Multi-Sponsored by -- M.
of A. ENGLEBRIGHT, GOTTFRIED, PEOPLES-STOKES, THIELE -- read once and
referred to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
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; to amend the domestic relations law,
in relation to restricting genetic surrogate parenting contracts; to
amend the public health law, in relation to voluntary acknowledgments
of parentage, gestational surrogacy and regulations concerning ova
donation; to amend the general business law, in relation to the regu-
lation of surrogacy programs; and to repeal section 73 of the domestic
relations law, relating to legitimacy of children born by artificial
insemination
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 - 581-206)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
4. SURROGACY AGREEMENT (581-401 - 581-409)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01279-28-9
A. 1071--C 2
5. PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES (581-501 -
581-502)
6. SURROGATES' BILL OF RIGHTS (581-601 - 581-607)
7. MISCELLANEOUS PROVISIONS (581-701 - 581-704)
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 HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN BORN TO A
PERSON ACTING AS SURROGATE WHO CONTRIBUTED THE GAMETES USED IN
CONCEPTION. NO FERTILIZED EGG, EMBRYO OR FETUS SHALL HAVE ANY INDEPEND-
ENT RIGHTS 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.
§ 581-102. DEFINITIONS. (A) "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. DONATION OF GAMETES;
3. DONATION OF EMBRYOS;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(B) "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
DETERMINED UNDER THIS ACT OR OTHER LAW.
(C) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION IN
EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
(D) "DONOR" 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.
DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL 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.
(E) "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.
(F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(G) "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.
(H) "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
PARENTS.
(I) "PERSON ACTING AS SURROGATE" MEANS AN ADULT PERSON, NOT AN
INTENDED PARENT, WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR A CHILD
WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD.
A. 1071--C 3
(J) "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.
(K) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO BE
LEGALLY BOUND AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
UCTION OR A SURROGACY AGREEMENT PROVIDED HE OR SHE MEETS THE REQUIRE-
MENTS OF THIS ARTICLE.
(L) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
(M) "PARENT" MEANS AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW.
(N) "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.
(O) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(P) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(Q) "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.
(R) "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.
(S) "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. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-205. INSPECTION OF RECORDS.
581-206. 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) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(C) A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
CONCEIVED THROUGH 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
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 BORN
A. 1071--C 4
THROUGH ASSISTED REPRODUCTION UNDER PART THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A SURROGACY AGREEMENT UNDER PART FOUR OF THIS
ARTICLE.
§ 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
THROUGH ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF
PARENTAGE WITH RESPECT TO A CHILD CONCEIVED THROUGH ASSISTED REPROD-
UCTION 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 STATEMENTS, THE COURT MUST
ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE CHILD:
(1) A STATEMENT THAT AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF AN INTENDED PARENT IS NOT A NEW
YORK STATE RESIDENT, THAT THE CHILD WILL BE OR WAS BORN IN THE STATE
WITHIN NINETY DAYS OF FILING; AND
(2) A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE GESTATING
INTENDED PARENT BECAME PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
AND
(3) IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A STATE-
MENT FROM THE GESTATING INTENDED PARENT AND NON-GESTATING INTENDED
PARENT THAT THE NON-GESTATING INTENDED PARENT CONSENTED TO ASSISTED
REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
(4) PROOF OF ANY DONOR'S DONATIVE INTENT.
(D) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE 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
DONOR DOES NOT RETAIN ANY PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS; OR
(2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A. A RECORD
FROM THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
ING THAT THE DONOR HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS. THE RECORD SHALL BE SIGNED BY THE GESTATING
INTENDED PARENT AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY BE, BUT
IS NOT REQUIRED TO BE, SIGNED:
(I) BEFORE A NOTARY PUBLIC, OR
(II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
(III) BEFORE A HEALTH CARE PRACTITIONER; OR
B. CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT THAT THE DONOR
HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
(3) IN THE ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE PROCEEDING BY DELIVERY OF A COPY OF THE PETITION 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 DONOR'S
LAST KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT
PRIOR COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEED-
A. 1071--C 5
ING BY REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN
ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
(4) NOTWITHSTANDING THE ABOVE, WHERE SPERM IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PRACTITIONER TO SOMEONE OTHER THAN THE
SPERM PROVIDER'S INTIMATE PARTNER OR SPOUSE WITHOUT A RECORD OF THE
SPERM PROVIDER'S INTENT TO PARENT, THE SPERM PROVIDER IS PRESUMED TO BE
A DONOR AND NOTICE IS NOT REQUIRED.
(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-
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
IS THE LEGAL PARENT OF THE CHILD; AND
(2) ORDERING THE INTENDED PARENT TO ASSUME RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT A PARENT OF
THE CHILD; 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 ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
PURSUANT TO A SURROGACY AGREEMENT. (A) THE PROCEEDING MAY BE COMMENCED
AT ANY TIME AFTER THE SURROGACY AGREEMENT HAS BEEN EXECUTED BY ALL OF
THE PARTIES. ANY PARTY TO THE SURROGACY AGREEMENT NOT JOINING IN THE
PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINE-
TY DAYS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
(2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
OR PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
(3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT THEY
ENTERED INTO THE SURROGACY AGREEMENT KNOWINGLY AND VOLUNTARILY.
(C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF THIS SECTION THE
COURT SHALL ISSUE A JUDGMENT OF PARENTAGE, WITHOUT ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS IS THE LEGAL
PARENT OR PARENTS OF THE CHILD; AND
(2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE PERSON ACTING AS SURROGATE, AND THE
SPOUSE OF THE PERSON ACTING AS SURROGATE, IF ANY, IS NOT THE LEGAL
PARENT OF THE CHILD; AND
A. 1071--C 6
(3) ORDERING THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE
PERSON ACTING AS SURROGATE, IF ANY, TO TRANSFER THE CHILD TO THE
INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED; AND
(4) ORDERING THE INTENDED PARENT OR PARENTS TO ASSUME RESPONSIBILITY
FOR THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
(5) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
(D) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (B) OF THIS SECTION 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.
§ 581-204. 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.
§ 581-205. 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 DONORS.
§ 581-206. 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 DONOR.
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-
TIONED CONTROL TO ONE INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
§ 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 DONOR. A DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION.
A. 1071--C 7
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS TO, ASSISTED REPROD-
UCTION WITH THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
THE GESTATING 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 NON-GESTATING SPOUSE TO BE A PARENT OF
THE CHILD.
(B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT ANY
TIME IF THE COURT 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 HIS OR HER OWN.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 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
(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 HE OR SHE CONSENTS TO BE A
PARENT.
A. 1071--C 8
(C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL CONSENTS TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER
CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
TY AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF
HE OR SHE TIMELY WITHDRAWS CONSENT TO BE A PARENT HE OR SHE IS 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 HIM OR HERSELF
OF LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER 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 SURROGACY AGREEMENT.
581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-405. TERMINATION OF SURROGACY AGREEMENT.
581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
581-407. INSUFFICIENT SURROGACY AGREEMENT.
581-408. ABSENCE OF SURROGACY AGREEMENT.
581-409. DISPUTE AS TO 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.
(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 FIVE OF THIS ARTICLE.
§ 581-402. ELIGIBILITY TO ENTER 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; AND
(2) THE PERSON ACTING AS SURROGATE IS A UNITED STATES CITIZEN OR A
PERMANENT LAWFUL RESIDENT;
(3) THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO
CONCEIVE THE RESULTING CHILD; AND
A. 1071--C 9
(4) THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL EVALUATION
WITH A HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY;
AND
(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 EXCEPT THAT A PERSON ACTING AS
SURROGATE WHO IS RECEIVING NO COMPENSATION 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 SURROGATE, 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 APPLICABLE; AND
(6) THE PERSON ACTING AS SURROGATE HAS, OR THE SURROGACY AGREEMENT
STIPULATES THAT PRIOR TO THE EMBRYO TRANSFER, THE PERSON ACTING AS
SURROGATE WILL OBTAIN A HEALTH INSURANCE POLICY THAT COVERS MAJOR
MEDICAL TREATMENTS AND HOSPITALIZATION, AND THE HEALTH INSURANCE POLICY
HAS A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNAN-
CY AND FOR TWENTY-SIX WEEKS AFTER THE BIRTH OF THE CHILD; 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 PREGNANCY, THAT ACCRUE
THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE
PREGNANCY, EXCEPT THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR UP TO
SIX MONTHS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE PREGNANCY
IN THE EVENT A MEDICAL COMPLICATION RELATED TO THE PREGNANCY IS DIAG-
NOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OR
THE PREGNANCY. A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPEN-
SATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS MAKE
SUCH PAYMENTS OR REIMBURSEMENTS.
(B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
ENFORCEABLE SURROGACY AGREEMENT UNDER THIS ARTICLE IF HE, SHE OR THEY
HAVE MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
WAS EXECUTED:
(1) AT LEAST ONE INTENDED PARENT IS A UNITED STATES CITIZEN OR A
PERMANENT LAWFUL RESIDENT;
(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 HIS, HER OR THEIR OWN CHOOSING; AND
(3) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER SPOUSE IF:
A. 1071--C 10
(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.
§ 581-403. REQUIREMENTS OF SURROGACY AGREEMENT. A SURROGACY AGREEMENT
SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS ARTICLE AND
BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
(A) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
(1) EACH INTENDED PARENT, AND
(2) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
(I) 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
(II) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT; AND
(B) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
(C) 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, UNLESS THE
SIGNATURE OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE IS NOT
REQUIRED AS SET FORTH IN THIS SECTION; AND
(D) IT SHALL BE EXECUTED BY INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402 OF THIS
PART; AND
(E) 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; AND
(F) 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 COMMENCING WITH ANY MEDICAL PROCEDURE OTHER THAN
MEDICAL EVALUATIONS NECESSARY TO DETERMINE THE PERSON ACTING AS SURRO-
GATE'S ELIGIBILITY; AND
(G) 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 THE CHILD. IF HEALTH CARE COVERAGE IS
USED TO COVER THE MEDICAL EXPENSES, 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
INSURANCE COVERAGE, AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVER-
AGE OR LIABILITY OF THE PERSON ACTING AS SURROGATE.
(H) THE SURROGACY AGREEMENT MUST COMPLY WITH ALL OF THE FOLLOWING
TERMS:
(1) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE:
A. 1071--C 11
(I) THE PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
(II) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, AGREE TO SURRENDER CUSTODY OF ALL
RESULTING CHILDREN TO THE INTENDED PARENT OR PARENTS IMMEDIATELY UPON
BIRTH; AND
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE PERSON ACTING AS SURROGATE AND, IF APPLICABLE, THE
SPOUSE OF THE PERSON ACTING AS SURROGATE; AND
(IV) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURRO-
GATE TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEMSELF AND
THEIR PREGNANCY INCLUDING BUT NOT LIMITED TO, WHETHER TO CONSENT TO A
CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, 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; AND
(V) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS A SURRO-
GATE TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER OF THE
PERSON'S CHOOSING; AND
(VI) THE SURROGACY AGREEMENT MUST NOT LIMIT THE RIGHT OF THE PERSON
ACTING AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE OR
RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING; AND
(VII) THE SURROGACY AGREEMENT MUST PROVIDE THAT, UPON REQUEST, THE
INTENDED PARENT OR PARENTS HAVE OR WILL PROCURE AND PAY FOR A LIFE
INSURANCE POLICY FOR THE PERSON ACTING AS SURROGATE; THE PERSON ACTING
AS SURROGATE MAY DESIGNATE THE BENEFICIARY OF THE PERSON'S CHOOSING; AND
(VIII) THE SURROGACY AGREEMENT SHALL PROVIDE FOR THE RIGHT OF THE
PERSON ACTING AS SURROGATE, UPON REQUEST, TO OBTAIN COUNSELING TO
ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
CY 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 CUSTODY OF ALL
RESULTING CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER,
OR MENTAL OR PHYSICAL CONDITION; AND
(II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE INTENDED PARENT OR PARENTS; AND
(IV) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS AND OBLI-
GATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY AGREEMENT
ARE NOT ASSIGNABLE; AND
(V) 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.
§ 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.
A. 1071--C 12
§ 581-405. TERMINATION OF SURROGACY AGREEMENT. AFTER THE EXECUTION OF
A SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, OR
ANY INTENDED PARENT MAY TERMINATE THE SURROGACY AGREEMENT BY GIVING
NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES. UPON PROPER
TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL
OBLIGATIONS RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE INTENDED
PARENT OR PARENTS REMAINS RESPONSIBLE FOR ALL EXPENSES THAT ARE REIM-
BURSABLE UNDER THE AGREEMENT WHICH HAVE BEEN INCURRED BY THE PERSON
ACTING AS SURROGATE THROUGH THE DATE OF TERMINATION. UNLESS THE AGREE-
MENT PROVIDES OTHERWISE, THE PERSON ACTING AS SURROGATE IS ENTITLED TO
KEEP ALL PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH THE PERSON
IS ENTITLED UP UNTIL THE DATE OF TERMINATION. NEITHER A PERSON ACTING AS
SURROGATE NOR THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF ANY, IS
LIABLE TO THE INTENDED PARENT OR PARENTS FOR TERMINATING A SURROGACY
AGREEMENT AS PROVIDED IN THIS SECTION.
§ 581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT. UPON THE
BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
AGREEMENT THAT COMPLIES WITH THIS PART, EACH INTENDED PARENT IS, BY
OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
A SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
§ 581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE, THE AGREEMENT
IS NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE BEST INTERESTS OF THE
CHILD. AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A JUDGMENT OF LEGAL
PARENTAGE.
§ 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
AGREEMENT, THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
LAWS OF THIS STATE.
§ 581-409. DISPUTE AS TO SURROGACY AGREEMENT. (A) ANY DISPUTE WHICH
IS RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS TO PARENTAGE
SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES.
(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 A SURROGACY AGREEMENT TERM
THAT REQUIRES THE PERSON ACTING AS SURROGATE TO BE IMPREGNATED OR TO
TERMINATE OR CONTINUE THE PREGNANCY OR TO REDUCE OR RETAIN THE NUMBER OF
FETUSES OR EMBRYOS THE PERSON ACTING AS SURROGATE IS CARRYING.
PART 5
PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
SECTION 581-501. REIMBURSEMENT.
581-502. COMPENSATION.
§ 581-501. REIMBURSEMENT. (A) A DONOR WHO HAS ENTERED INTO A VALID
AGREEMENT TO BE A DONOR MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
PARENT OR PARENTS FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE
DONATION WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBR-
YOS.
A. 1071--C 13
(B) PREMIUMS PAID FOR INSURANCE AGAINST ECONOMIC LOSSES DIRECTLY
RESULTING FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS FOR
DONATION MAY BE REIMBURSED.
§ 581-502. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A DONOR OR
PERSON ACTING AS SURROGATE 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 DONOR OR PERSON ACTING AS
SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE
PARTIES, AND SAID PAYMENTS TO A PERSON ACTING AS SURROGATE SHALL NOT
EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO
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.
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
PART 6
SURROGATES' BILL OF RIGHTS
SECTION 581-601. APPLICABILITY.
581-602. HEALTH AND WELFARE DECISIONS.
581-603. INDEPENDENT LEGAL COUNSEL.
581-604. HEALTH INSURANCE AND MEDICAL COSTS.
581-605. COUNSELING.
581-606. LIFE INSURANCE.
581-607. TERMINATION OF SURROGACY AGREEMENT.
§ 581-601. APPLICABILITY. THE RIGHTS ENUMERATED IN THIS PART SHALL
APPLY TO ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
ANY SURROGACY AGREEMENT, JUDGMENT OF PARENTAGE, MEMORANDUM OF UNDER-
STANDING, 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 SURRO-
GACY AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
§ 581-602. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS SURROGATE
HAS THE RIGHT TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEM-
SELF AND THEIR PREGNANCY, INCLUDING BUT NOT LIMITED TO WHETHER TO
CONSENT TO A CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, 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.
§ 581-603. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
THE RIGHT TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE
DURATION OF THE SURROGACY AGREEMENT AND ITS EXECUTION BY INDEPENDENT
LEGAL COUNSEL OF THEIR OWN CHOOSING, TO BE PAID FOR BY THE INTENDED
PARENT OR PARENTS.
§ 581-604. HEALTH INSURANCE AND MEDICAL COSTS. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO A HEALTH INSURANCE POLICY THAT COVERS MAJOR
MEDICAL TREATMENTS AND HOSPITALIZATION FOR A TERM THAT EXTENDS THROUGH-
OUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE WEEKS AFTER
THE BIRTH OF THE CHILD, 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
A. 1071--C 14
OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH PREGNANCY THAT ACCRUE
THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE
PREGNANCY, EXCEPT THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR UP TO
SIX MONTHS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE PREGNANCY
IN THE EVENT A MEDICAL COMPLICATION RELATED TO THE PREGNANCY IS DIAG-
NOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF
THE PREGNANCY.
§ 581-605. COUNSELING. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO
OBTAIN COUNSELING TO ADDRESS ISSUES RESULTING FROM THEIR PARTICIPATION
IN A SURROGACY AGREEMENT, TO BE PAID FOR BY THE INTENDED PARENT OR
PARENTS.
§ 581-606. LIFE INSURANCE. A PERSON ACTING AS SURROGATE HAS THE RIGHT
TO BE PROVIDED WITH A LIFE INSURANCE POLICY FOR THE DURATION OF THE
SURROGACY AGREEMENT, WITH A BENEFICIARY OR BENEFICIARIES OF THEIR CHOOS-
ING, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
§ 581-607. TERMINATION OF SURROGACY AGREEMENT. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO TERMINATE A SURROGACY AGREEMENT PRIOR TO
BECOMING PREGNANT BY MEANS OF ASSISTED REPRODUCTION PURSUANT TO SECTION
581-405 OF THIS ARTICLE.
PART 7
MISCELLANEOUS PROVISIONS
SECTION 581-701. REMEDIAL.
581-702. SEVERABILITY.
581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-704. INTERPRETATION.
§ 581-701. REMEDIAL. THIS LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-702. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
§ 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
OTHER RELEVANT LAW.
§ 581-704. 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"] "GENETIC SURROGATE" shall mean a [woman] PERSON
who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
a GENETIC surrogate parenting [contract] AGREEMENT.
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"] "GENETIC SURROGATE PARENTING AGREE-
MENT" shall mean any agreement, oral or written, in which:
(a) a [woman] GENETIC SURROGATE agrees either to be inseminated with
the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or to
A. 1071--C 15
be impregnated with an embryo that is the product of [an] THE GENETIC
SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is not
[her husband] THEIR SPOUSE; and
(b) the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
or consent to the adoption of the child born as a result of such insemi-
nation or impregnation.
§ 4. Section 122 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 122. Public policy. [Surrogate] GENETIC SURROGATE parenting
[contracts] AGREEMENTS are hereby declared contrary to the public policy
of this state, and are void and unenforceable.
§ 5. Section 123 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 123. Prohibitions and penalties. [1.] No person or other entity
shall knowingly request, accept, receive, pay or give any fee, compen-
sation or other remuneration, directly or indirectly, in connection with
any GENETIC surrogate parenting [contract] AGREEMENT, or induce, arrange
or otherwise assist in arranging a GENETIC surrogate parenting
[contract] AGREEMENT for a fee, compensation or other remuneration,
except for:
(a) payments in connection with the adoption of a child permitted by
subdivision six of section three hundred seventy-four of the social
services law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
(b) payments for reasonable and actual medical fees and hospital
expenses for artificial insemination or in vitro fertilization services
incurred by the [mother] GENETIC SURROGATE in connection with the birth
of the child.
[2. (a) A birth mother or her husband, a genetic father and his wife,
and, if the genetic mother is not the birth mother, the genetic mother
and her husband who violate this section shall be subject to a civil
penalty not to exceed five hundred dollars.
(b) Any other person or entity who or which induces, arranges or
otherwise assists in the formation of a surrogate parenting contract for
a fee, compensation or other remuneration or otherwise violates this
section shall be subject to a civil penalty not to exceed ten thousand
dollars and forfeiture to the state of any such fee, compensation or
remuneration in accordance with the provisions of subdivision (a) of
section seven thousand two hundred one of the civil practice law and
rules, for the first such offense. Any person or entity who or which
induces, arranges or otherwise assists in the formation of a surrogate
parenting contract for a fee, compensation or other remuneration or
otherwise violates this section, after having been once subject to a
civil penalty for violating this section, shall be guilty of a felony.]
§ 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] GENETIC 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 SURROGATE PARENT-
ING AGREEMENT, regarding parental rights, status or obligations with
respect to a child born pursuant to a GENETIC surrogate parenting
[contract] AGREEMENT:
A. 1071--C 16
1. the court shall not consider the [birth mother's] GENETIC SURRO-
GATE'S participation in a GENETIC surrogate parenting [contract] AGREE-
MENT 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] GENETIC SURRO-
GATE 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:
§ 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 GENETIC 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:
A. 1071--C 17
(I) 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;
(II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
(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 DONOR 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
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 GENETIC PARENT OR THAT THE ACKNOWLEDGED 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
A. 1071--C 18
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;
(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
A. 1071--C 19
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-
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
A. 1071--C 20
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
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:
GENETIC SURROGATE PARENTING CONTRACTS
§ 9. The general business law is amended by adding a new article 44 to
read as follows:
ARTICLE 44
REGULATION OF SURROGACY PROGRAMS
SECTION 1400. DEFINITIONS.
1401. PROGRAMS REGULATED UNDER THIS ARTICLE.
1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.
A. 1071--C 21
1403. REGULATIONS.
§ 1400. DEFINITIONS. AS USED IN THIS SECTION:
(A) THE DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT ACT SHALL
APPLY.
(B) "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.
(C) "SURROGACY PROGRAM" DOES NOT INCLUDE ANY PARTY TO A SURROGACY
AGREEMENT OR ANY PERSON LICENSED TO PRACTICE LAW AND REPRESENTING A
PARTY TO THE SURROGACY AGREEMENT, BUT DOES INCLUDE AND IS NOT LIMITED TO
ANY AGENCY, AGENT, BUSINESS, OR INDIVIDUAL ENGAGED IN, ARRANGING, OR
FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARD-
LESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS
OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 1401. PROGRAMS REGULATED UNDER THIS ARTICLE. THE PROVISIONS OF THIS
ARTICLE APPLY TO SURROGACY PROGRAMS ARRANGING OR FACILITATING TRANS-
ACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT UNDER PART FOUR OF ARTICLE
FIVE-C OF THE FAMILY COURT ACT IF:
(A) THE SURROGACY PROGRAM DOES BUSINESS IN NEW YORK STATE;
(B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
(C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
IN NEW YORK STATE.
§ 1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS. A SURROGACY
PROGRAM TO WHICH THIS ARTICLE APPLIES:
(A) MUST KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE INTENDED PARENT OR
PARENTS IN A SEPARATE, LICENSED ESCROW FUND;
(B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT;
(C) 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;
(D) 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; AND
(E) 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.
(F) MUST BE LICENSED TO OPERATE IN NEW YORK STATE PURSUANT TO REGU-
LATIONS PROMULGATED BY THE DEPARTMENT OF FINANCIAL SERVICES IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH.
(G) MUST ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY AGREEMENT,
AT THE TIME OF CONSULTATION WITH SUCH SURROGACY PROGRAM, ARE PROVIDED
WITH WRITTEN NOTICE OF THE SURROGATES' BILL OF RIGHTS ENUMERATED IN PART
SIX OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 1403. REGULATIONS. THE DEPARTMENT OF FINANCIAL SERVICES, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROMULGATE REGULATIONS TO
IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE, AND SHALL ANNUALLY REPORT TO
THE STATE LEGISLATURE REGARDING THE PRACTICES OF SURROGACY PROGRAMS AND
ALL BUSINESS TRANSACTIONS RELATED TO SURROGACY IN NEW YORK STATE, WITH
RECOMMENDATIONS FOR ANY NECESSARY AMENDMENTS TO THIS ARTICLE.
§ 10. The public health law is amended by adding a new article 25-B to
read as follows:
A. 1071--C 22
ARTICLE 25-B
GESTATIONAL SURROGACY
SECTION 2599-CC. GESTATIONAL SURROGACY.
§ 2599-CC. GESTATIONAL SURROGACY. 1. THE COMMISSIONER SHALL PROMULGATE
REGULATIONS ON THE PRACTICE OF GESTATIONAL SURROGACY. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL PERSONS ACTING AS SURROGATES, INCLUDING BUT NOT LIMITED
TO A FULL DISCLOSURE OF ANY KNOWN HEALTH RISKS ASSOCIATED WITH ACTING AS
A SURROGATE;
(B) THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO GESTATIONAL
SURROGACY; AND
(C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF
PERSONS ACTING AS SURROGATES, AS REPORTED BY SURROGACY PROGRAMS LICENSED
BY THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF THE GENERAL BUSINESS
LAW UPON THE AFFIRMATIVE CONSENT OF A PERSON ACTING AS SURROGATE. SUCH
REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCURATE
INFORMATION ON THE:
(I) NUMBER OF TIMES A PERSON HAS ACTED AS A SURROGATE;
(II) HEALTH INFORMATION OF THE PERSON ACTING AS SURROGATE; AND
(III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
2. ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE PERSON
ACTING AS SURROGATE AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO
INFORMATION MAINTAINED BY THE REGISTRY.
§ 11. Subdivisions 4, 5, 6, 7 and 8 of section 4365 of the public
health law are renumbered subdivisions 5, 6, 7, 8, and 9 and a new
subdivision 4 is added to read as follows:
4. THE COMMISSIONER, IN CONSULTATION WITH THE TRANSPLANT COUNCIL,
SHALL PROMULGATE REGULATIONS ON THE DONATION OF OVA. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL DONORS, INCLUDING BUT NOT LIMITED TO A FULL DISCLOSURE OF
ANY KNOWN HEALTH RISKS OF THE OVA DONATION PROCESS;
(B) THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THE DONATION
OF OVA; AND
(C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF OVA
DONOR INFORMATION, AS REPORTED BY BANKS AND STORAGE FACILITIES LICENSED
PURSUANT TO THIS ARTICLE UPON THE AFFIRMATIVE CONSENT OF AN OVA DONOR.
SUCH REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCU-
RATE INFORMATION ON THE:
(I) NUMBER OF OVA DONATED FROM A SINGLE DONOR;
(II) HEALTH INFORMATION OF THE DONOR AT THE TIME OF THE DONATION; AND
(III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
IN ADDITION, ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE
DONOR AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO INFORMATION MAIN-
TAINED BY THE REGISTRY.
§ 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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