LBD01279-01-9
S. 2071 2
§ 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.
(L) "GESTATIONAL CARRIER ARRANGEMENT" MEANS THE PROCESS BY WHICH A
GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD CREATED
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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.
(B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
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(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
ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
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(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
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(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
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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
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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
S. 2071 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
S. 2071 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
S. 2071 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.
S. 2071 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.
