The New York State Senate

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

                                  2071

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by Sens. HOYLMAN, BAILEY, GIANARIS, KAMINSKY, KENNEDY, PARK-
  ER, RIVERA, SANDERS, SAVINO,  SERRANO,  STAVISKY  --  read  twice  and
  ordered  printed, and when printed to be committed 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".
  § 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.

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

                                                           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

S. 2071                             3

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.

S. 2071                             4

  (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.

S. 2071                             5

  (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

S. 2071                             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

S. 2071                             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

S. 2071                             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

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.

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

                                 2071--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by Sens. HOYLMAN, ADDABBO, BAILEY, BIAGGI, BROOKS, GAUGHRAN,
  GIANARIS, GOUNARDES, KAMINSKY,  KAPLAN,  KENNEDY,  MARTINEZ,  METZGER,
  MONTGOMERY,  MYRIE,  PARKER,  RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO,
  SERRANO, SKOUFIS, STAVISKY -- read twice and ordered printed, and when
  printed to be committed 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 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)
     5. PAYMENT  TO  DONORS  AND PERSONS ACTING AS SURROGATES (581-501 -
     581-502)
     6. MISCELLANEOUS PROVISIONS (581-601 - 581-604)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01279-19-9

S. 2071--A                          2

                                 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.
  (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-

S. 2071--A                          3

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
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

S. 2071--A                          4

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-
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

S. 2071--A                          5

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
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

S. 2071--A                          6

  (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.
  § 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.

S. 2071--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

S. 2071--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
                           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
  (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

S. 2071--A                          9

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-
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

S. 2071--A                         10

  (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
  (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

S. 2071--A                         11

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
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.

S. 2071--A                         12

  §  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.
  (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.

S. 2071--A                         13

        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-
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

S. 2071--A                         14

  (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,
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

S. 2071--A                         15

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
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

S. 2071--A                         16

IS AN INTENDED PARENT AND  THE  CHILD  WAS  CONCEIVED  THROUGH  ASSISTED
REPRODUCTION,  (ii)  a statement by the putative father, IF ANY, that he
is the biological father of the child, and (iii) a  statement  that  the
signing  of  the acknowledgment of [paternity] PARENTAGE by both parties
shall have the same force and effect as an order  of  filiation  entered
after a court hearing by a court of competent jurisdiction, including an
obligation  to  provide support for the child except that, only if filed
with the registrar of the district in which the  birth  certificate  has
been  filed,  will  the  acknowledgment  have such force and effect with
respect to inheritance rights.
  [(b)] (F) Prior to the execution of an acknowledgment  of  [paternity]
PARENTAGE,  the  [mother]  PERSON  WHO  GAVE  BIRTH TO THE CHILD and the
[putative father] OTHER SIGNATORY shall be provided orally, which may be
through the use of audio or video equipment, and in  writing  with  such
information  as  is  required  pursuant  to this section with respect to
their rights and the consequences of signing a voluntary  acknowledgment
of [paternity] PARENTAGE including, but not limited to:
  (i)  that  the  signing of the acknowledgment of [paternity] PARENTAGE
shall establish the [paternity] PARENTAGE of the child  and  shall  have
the same force and effect as an order of [paternity] PARENTAGE or filia-
tion  issued  by a court of competent jurisdiction establishing the duty
of both parties to provide support for the child;
  (ii) that if such an acknowledgment is not made, the [putative father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be  held
liable  for  support only if the family court, after a hearing, makes an
order declaring that the [putative father] PERSON is the [father] PARENT
of the child whereupon the court may make an order of support which  may
be retroactive to the birth of the child;
  (iii) that if made a respondent in a proceeding to establish [paterni-
ty]  PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON WHO
GAVE BIRTH TO THE CHILD has a right  to  free  legal  representation  if
indigent;
  (iv)  that [the putative father] AN ALLEGED GENETIC PARENT has a right
to a genetic marker test or to a DNA test when available;
  (v) that  by  executing  the  acknowledgment,  the  [putative  father]
ALLEGED  GENETIC  PARENT waives [his] THEIR right to a hearing, to which
[he] THEY would otherwise be  entitled,  on  the  issue  of  [paternity]
PARENTAGE;
  (vi)  that a copy of the acknowledgment of [paternity] PARENTAGE shall
be filed with the putative father registry  pursuant  to  section  three
hundred  seventy-two-c  of the social services law, and that such filing
may establish the child's right to inheritance from the putative  father
pursuant  to  clause (B) of subparagraph two of paragraph (a) of section
4-1.2 of the estates, powers and trusts law;
  (vii) that, if such acknowledgment is filed with the registrar of  the
district in which the birth certificate has been filed, such acknowledg-
ment  will  establish inheritance rights from the putative father OR THE
OTHER INTENDED PARENT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION
pursuant to clause (A) of subparagraph two of paragraph (a)  of  section
4-1.2 of the estates, powers and trusts law;
  (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

S. 2071--A                         17

earlier of sixty days from the date of signing the acknowledgment or the
date  of  an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating  to  the
child  in  which the signatory is a party, provided that the "date of an
administrative or a judicial proceeding" shall be the date by which  the
respondent is required to answer the petition;
  (B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
not  attained  the  age  of  eighteen  at  the  time of execution of the
acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
anytime  up  to  sixty  days  after the signatory's attaining the age of
eighteen years or sixty days after the date on which the  respondent  is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child, whichever is earli-
er; provided, however, that the signatory must have been advised at such
proceeding of his or her right to file a petition to vacate the acknowl-
edgment within sixty days of the date of such proceeding;
  (ix) that after the expiration of the time limits set forth in clauses
(A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
tories may challenge the  acknowledgment  of  [paternity]  PARENTAGE  in
court  only  on the basis of fraud, duress, or material mistake of fact,
with the burden of proof on the party challenging the voluntary acknowl-
edgment;
  (x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys  before
executing the acknowledgment; and that they have the right to seek legal
representation  and  supportive  services including counseling regarding
such acknowledgment;
  (xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
TO THE CHILD establishing custody and visitation rights to the child and
for requiring the [putative father's] consent  OF  THE  SIGNATORY  OTHER
THAN  THE  PERSON  WHO  GAVE  BIRTH  TO  THE  CHILD prior to an adoption
proceeding;
  (xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO  THE
CHILD  to sign the acknowledgment shall not be deemed a failure to coop-
erate in establishing [paternity for] PARENTAGE OF the child; and
  (xiii) that the child may bear the last name of either parent, OR  ANY
COMBINATION THEREOF, which name shall not affect the legal status of the
child.
In  addition,  the  governing  body  of  such hospital shall insure that
appropriate staff shall provide to  the  [child's  mother  and  putative
father]  PERSON  WHO  GAVE  BIRTH  TO THE CHILD AND THE OTHER SIGNATORY,
prior to the [mother's] discharge from the hospital OF  THE  PERSON  WHO
GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
obtain  clarifying  information  and  answers  to  their questions about
[paternity] PARENTAGE establishment, and shall also  provide  the  tele-
phone number of the local support collection unit.
  [(c)]  (G)  Within  ten days after receiving the certificate of birth,
the registrar shall furnish without charge to each parent or guardian of
the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
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,

S. 2071--A                         18

if applicable, a certified copy of the written acknowledgment of [pater-
nity]  PARENTAGE  to  the  social services district of the county within
which the [mother] PERSON WHO GAVE BIRTH resides.
  2.  (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
ily pursuant to section one hundred eleven-k of the social services law,
the social services official shall file the executed acknowledgment with
the registrar of the district in which the birth occurred and  in  which
the birth certificate has been filed.
  (b)  Where  a  child's [paternity] PARENTAGE has not been acknowledged
voluntarily pursuant to paragraph (a) of subdivision one of this section
or paragraph (a) of this subdivision, the [child's mother and the  puta-
tive  father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant  to
this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
  (c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
attained the age of eighteen at the time of execution of the acknowledg-
ment  shall  have  the  right  to  rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including,  but  not
limited  to,  a proceeding to establish a support order) relating to the
child in which either signatory is a party; provided that  for  purposes
of  this  section, the "date of an administrative or a judicial proceed-
ing" shall be the date by which the respondent is required to answer the
petition.
  (d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
not attained the age of  eighteen  at  the  time  of  execution  of  the
acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
anytime up to sixty days after the  signatory's  attaining  the  age  of
eighteen  years  or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the  signa-
tory  is  a  party,  whichever  is  earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her  right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
  (e)  After  the  expiration of the time limits set forth in paragraphs
(c) and (d) of this subdivision, any of the  signatories  may  challenge
the  acknowledgment  of [paternity] PARENTAGE in court only on the basis
of fraud, duress, or material mistake of fact, with the burden of  proof
on  the  party challenging the voluntary acknowledgment. The acknowledg-
ment shall have full force and effect once so signed. The original or  a
copy  of  the  acknowledgment  shall  be filed with the registrar of the
district in which the birth certificate has been filed.
  3. (a) An EXECUTED acknowledgment of [paternity] PARENTAGE executed by
[the mother and father of a child born out of wedlock]  ANY  TWO  PEOPLE
ELIGIBLE  TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION, MARRIED  OR  UNMARRIED,  shall  establish  the
[paternity]  PARENTAGE  of  a  child  and  shall have the same force and
effect as an order of [paternity] PARENTAGE or  filiation  issued  by  a
court  of  competent jurisdiction. Such acknowledgement shall thereafter
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.

S. 2071--A                         19

  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.
  § 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;

S. 2071--A                         20

  (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.