Senate Bill S7749

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7749
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the family court act, the public health law, the general
   business law and the insurance law, in relation to surrogacy  programs
   and  agreements;  and to amend the social services law, in relation to
   enrollment in the state health insurance exchange
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  581-102  of  the  family  court act, as added by
 section 1 of part L of chapter 56 of the laws of  2020,  is  amended  to
 read as follows:
   §  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) "CENTRAL ASSISTED REPRODUCTION REGISTRY" MEANS THE REGISTRY ESTAB-
 LISHED  PURSUANT  TO  SECTION  TWENTY-FIVE HUNDRED NINETY-NINE-CC OF THE
 PUBLIC HEALTH LAW.
   (C) "Child" means a born individual of any age whose parentage may  be
 determined under this act or other law.
   [(c)]  (D)  "Compensation" means payment of any valuable consideration
 in excess of reasonable medical and ancillary costs.
   [(d)] (E) "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.    FOR
 PURPOSES  OF  PARTS EIGHT AND TEN OF THIS ARTICLE AND OF GOVERNING STAT-
 UTES AND REGULATIONS, THE TERM "DONOR" MEANS AN INDIVIDUAL WHO DOES  NOT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13512-02-3
              

 S. 7749                             2
 
 INTEND  TO  BE A PARENT WHO RECEIVES COMPENSATION FOR TIME AND EFFORT TO
 PRODUCE GAMETES FOR USE IN ASSISTED REPRODUCTION BY AN  INTENDED  PARENT
 OR  PARENTS  WHO  ARE UNKNOWN TO THE DONOR OF THE GAMETES AT THE TIME OF
 DONATION.  The term does not include a person who is a parent under part
 three of this article. Donor also includes an individual who had  dispo-
 sitional  control  of  an  embryo or gametes who then transfers disposi-
 tional control and releases all present and future parental and  inheri-
 tance rights and obligations to a resulting child.
   [(e)]  (F)  "DONOR-CONCEIVED PERSON OR INDIVIDUAL" MEANS AN INDIVIDUAL
 OF ANY AGE WHO WAS  CONCEIVED  USING  ASSISTED  REPRODUCTION  AND  DONOR
 GAMETES THAT WERE PRODUCED BY A DONOR WHO RECEIVED COMPENSATION FOR TIME
 AND  EFFORT AND WHO WAS UNKNOWN TO THE INTENDED PARENT OR PARENTS AT THE
 TIME OF DONATION.
   (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 person under conditions in which
 gestation may be reasonably expected to occur.
   [(f)] (H) "Embryo transfer" means all medical  and  laboratory  proce-
 dures  that  are  necessary to effectuate the transfer of an embryo into
 the uterine cavity.
   [(g)] (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 shall be considered gametes. A human gamete used
 or  intended  for reproduction may not contain nuclear DNA that has been
 deliberately altered, or nuclear DNA from one human  combined  with  the
 cytoplasm or cytoplasmic DNA of another human being.
   [(h)]  (J)  "GAMETE  DONATION  AGENCY  AGREEMENT"  MEANS  AN AGREEMENT
 BETWEEN A GAMETE DONOR OR AN INTENDED PARENT OR PARENTS  AND  AN  AGENT,
 GAMETE  AGENCY,  GAMETE  BANK,  FERTILITY  CLINIC, SURROGACY PROGRAM, OR
 HEALTH CARE PROVIDER THAT DETAILS THE TERMS UNDER  WHICH:  (A)  A  DONOR
 SHALL  RECEIVE  COMPENSATION  FOR TIME AND EFFORT TO PRODUCE GAMETES FOR
 USE IN ASSISTED REPRODUCTION BY AN INTENDED PARENT  OR  PARENTS  WHO  IS
 UNKNOWN  TO  THE DONOR OF THE GAMETES AT THE TIME OF DONATION; OR (B) AN
 INTENDED PARENT OR PARENTS SHALL RECEIVE FRESH OR FROZEN DONOR GAMETES.
   (K) "GAMETE DONATION MATCHED AGREEMENT" MEANS AN AGREEMENT  BETWEEN  A
 GAMETE  DONOR  AND  AN INTENDED PARENT OR PARENTS THAT DETAILS THE TERMS
 UNDER WHICH A DONOR SHALL RECEIVE COMPENSATION FOR TIME  AND  EFFORT  TO
 PRODUCE  GAMETES FOR USE IN ASSISTED REPRODUCTION BY THE INTENDED PARENT
 OR PARENTS WHO IS UNKNOWN TO THE DONOR OF THE GAMETES  AT  THE  TIME  OF
 DONATION.
   (L)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
 FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A SIMILAR LAW OF ANOTHER
 STATE OR COUNTRY, ACTING WITHIN HIS OR HER SCOPE OF PRACTICE.
   (M) "IDENTIFIED GAMETE DONATION OR IDENTIFIED GAMETE DONOR" MEANS THAT
 THE GAMETE DONOR AGREES TO RELEASE IDENTIFYING AND  MEDICAL  INFORMATION
 UPON  REQUEST  TO  A  DONOR-CONCEIVED INDIVIDUAL WHO WAS CONCEIVED USING
 THEIR DONOR GAMETES AND ASSISTED REPRODUCTION ONCE  THE  DONOR-CONCEIVED
 INDIVIDUAL ATTAINS THE AGE OF EIGHTEEN, OR TO A LEGAL PARENT OR GUARDIAN
 IF THE DONOR-CONCEIVED INDIVIDUAL IS UNDER THE AGE OF EIGHTEEN.
   (N) "Independent escrow agent" means someone other than the parties to
 a  surrogacy  agreement and their attorneys. An independent escrow agent
 can, but need not, be  a  surrogacy  program,  provided  such  surrogacy
 program is owned [or managed] by an attorney licensed to practice law in
 the state of New York. If such independent escrow agent is not AN attor-
 ney owned SURROGACY PROGRAM, it shall be [licensed,] bonded and insured.
 S. 7749                             3
 
   [(i)  "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.
   (j)] (O) "INFORMED LEGAL CONSENT" MEANS THAT A POTENTIAL GAMETE DONOR,
 A POTENTIAL PERSON ACTING AS SURROGATE, OR AN INTENDED PARENT OR PARENTS
 PROVIDE  FULLY-INFORMED  LEGAL  CONSENT IN A SIGNED WRITTEN STATEMENT TO
 ENTER INTO A GAMETE DONATION MATCHED AGREEMENT, A GAMETE DONATION AGENCY
 AGREEMENT, OR  A  SURROGACY  AGREEMENT  AFTER  COMPLETING  THE  REQUIRED
 INFORMED LEGAL CONSENT PROCEDURES UNDER PART TEN OF THIS ARTICLE.
   (P)  "INFORMED MEDICAL CONSENT" MEANS THAT A POTENTIAL GAMETE DONOR, A
 POTENTIAL PERSON ACTING AS SURROGATE, OR AN INTENDED PARENT  OR  PARENTS
 PROVIDE  FULLY-INFORMED MEDICAL CONSENT IN A SIGNED WRITTEN STATEMENT TO
 ENTER INTO A GAMETE DONATION MATCHED AGREEMENT, A GAMETE DONATION AGENCY
 AGREEMENT, OR  A  SURROGACY  AGREEMENT  AFTER  COMPLETING  THE  INFORMED
 MEDICAL  CONSENT  PROCEDURES  UNDER  PART  TEN OF THIS ARTICLE. INFORMED
 MEDICAL CONSENT TO ENTER INTO A GAMETE DONATION OR  SURROGACY  AGREEMENT
 DOES  NOT  REPLACE  THE  MEDICAL  CONSENT  THAT A GAMETE DONOR, A PERSON
 ACTING AS SURROGATE, OR AN INTENDED PARENT OR PARENTS MUST PROVIDE PRIOR
 TO UNDERGOING INDIVIDUAL MEDICAL PROCEDURES.
   (Q) "IN VITRO FERTILIZATION" MEANS THE FORMATION  OF  A  HUMAN  EMBRYO
 OUTSIDE THE HUMAN BODY.
   (R)  "INTENDED PARENT" MEANS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO
 BE LEGALLY BOUND AS THE  PARENT  OF  A  CHILD  RESULTING  FROM  ASSISTED
 REPRODUCTION  OR  A  SURROGACY  AGREEMENT,  PROVIDED HE OR SHE MEETS THE
 REQUIREMENTS OF THIS ARTICLE.
   (S) "NONIDENTIFIED GAMETE  DONATION  OR  NONIDENTIFIED  GAMETE  DONOR"
 MEANS THAT THE GAMETE DONOR DOES NOT AGREE TO RELEASE IDENTIFYING INFOR-
 MATION  TO  A  DONOR-CONCEIVED  INDIVIDUAL WHO WAS CONCEIVED USING THEIR
 DONOR GAMETES AND ASSISTED REPRODUCTION, OR TO A LEGAL PARENT OR GUARDI-
 AN OF THE DONOR-CONCEIVED INDIVIDUAL. A NONIDENTIFIED  GAMETE  DONOR  IS
 INFORMED  THAT  THE  DEPARTMENT MAY RELEASE THEIR NONIDENTIFYING MEDICAL
 INFORMATION UPON REQUEST OF A DONOR-CONCEIVED INDIVIDUAL UPON  ATTAINING
 EIGHTEEN  YEARS  OF  AGE, OR OF A LEGAL PARENT OR GUARDIAN IF THE DONOR-
 CONCEIVED INDIVIDUAL IS UNDER THE AGE OF EIGHTEEN.
   (T) "PARENT" AS USED IN  THIS  ARTICLE  MEANS  AN  INDIVIDUAL  WITH  A
 PARENT-CHILD  RELATIONSHIP CREATED OR RECOGNIZED UNDER THIS ACT OR OTHER
 LAW.
   (U) "PARTICIPANT" MEANS 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.
   (V)  "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.
   [(k) "Health care practitioner" means an individual licensed or certi-
 fied under title eight of the education law, or a similar law of another
 state or country, acting within his or her scope of practice.
   (l)  "Intended parent" is an individual who manifests the intent to be
 legally bound as the parent of a child resulting from  assisted  reprod-
 uction  or  a  surrogacy agreement provided he or she meets the require-
 ments of this article.
   (m) "In vitro fertilization" means the formation  of  a  human  embryo
 outside the human body.
 S. 7749                             4

   (n)  "Parent"  as  used  in  this  article  means an individual with a
 parent-child relationship created or recognized under this act or  other
 law.
   (o)  "Participant" is an individual who either: provides a gamete that
 is used in assisted reproduction, is an intended  parent,  is  a  person
 acting  as  surrogate,  or is the spouse of an intended parent or person
 acting as surrogate.
   (p)] (W) "Record" means information inscribed in a tangible medium  or
 stored in an electronic or other medium that is retrievable in perceiva-
 ble form.
   [(q)]  (X)  "Retrieval"  means the procurement of eggs or sperm from a
 gamete provider.
   [(r)] (Y) "Spouse" means an individual married to another, or who  has
 a legal relationship entered into under the laws of the United States or
 of  any  state,  local  or  foreign jurisdiction, which is substantially
 equivalent to a marriage, including a civil union or  domestic  partner-
 ship.
   [(s)]  (Z) "State" means a state of the United States, the District of
 Columbia, Puerto Rico, the United States Virgin Islands, or any territo-
 ry or insular possession subject  to  the  jurisdiction  of  the  United
 States.
   [(t)]  (AA)  "SURROGACY AGREEMENT" MEANS 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.
   (BB) "Transfer" means the placement of an embryo or gametes  into  the
 body of a person with the intent to achieve pregnancy and live birth.
   § 2. Section 581-202 of the family court act, as added by section 1 of
 part L of chapter 56 of the laws of 2020, is amended to read as follows:
   §  581-202.  Proceeding for judgment of parentage of a child conceived
 through assisted reproduction.  (a)  A  proceeding  for  a  judgment  of
 parentage  with  respect  to  a child conceived through assisted reprod-
 uction may be commenced:
   (1) if [the] AN intended parent or child resides in New York state, in
 the county where the intended parent resides any time  after  THE  FIRST
 TRIMESTER  OF  pregnancy  [is achieved] or in the county where the child
 was born or resides; or
   (2) if [the] NEITHER AN intended parent [and] NOR THE  child [do  not]
 reside in New York state, up to ninety days after the birth of the child
 in the county where the child was born.
   (b) The petition for a judgment of parentage must be verified.
   (c) Where [a petition includes the following truthful] THE COURT FINDS
 THE  FOLLOWING  statements  IN  THE PETITION TO BE TRUE, the court shall
 adjudicate the intended parent OR PARENTS to be the parent OR PARENTS of
 the child:
   (1) a statement that an intended parent has been  a  resident  of  the
 state  for  at  least  six months, 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
 S. 7749                             5
 
   (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]  A  NONIDENTIFIED  donor  [or]  WHO
 RECEIVED  COMPENSATION FOR TIME AND EFFORT TO PRODUCE GAMETES FOR USE IN
 ASSISTED REPRODUCTION BY AN INTENDED PARENT OR PARENTS WHO WERE  UNKNOWN
 TO  THE  DONOR  OF  THE GAMETES AT THE TIME OF DONATION, A SIGNED RECORD
 FROM THE GAMETE STORAGE FACILITY, FERTILITY CLINIC, HEALTH CARE  PRACTI-
 TIONER,  OR  OTHER  ENTITY  THAT  COLLECTED  THE  DONOR GAMETES, OR THAT
 RECEIVED THE DONOR GAMETES FROM ANOTHER ENTITY, STATING OR DEMONSTRATING
 THAT SUCH GAMETES WERE DONATED ON A NONIDENTIFIED  BASIS  AND  THAT  THE
 GAMETE  DONOR  HAS NO PROPRIETARY OR PARENTAL INTEREST IN THE GAMETES OR
 EMBRYOS. THE RECORD SHALL BE SIGNED BY THE HEALTH CARE  PRACTITIONER  OR
 BY A REPRESENTATIVE OF THE GAMETE STORAGE FACILITY, FERTILITY CLINIC, OR
 OTHER ENTITY:
   (I) BEFORE A NOTARY PUBLIC, OR
   (II)  BEFORE  TWO  WITNESSES  WHO ARE NEITHER THE INTENDED PARENTS NOR
 EMPLOYED BY THE  HEALTH  CARE  PRACTITIONER,  GAMETE  STORAGE  FACILITY,
 FERTILITY CLINIC, OR OTHER ENTITY; PROVIDED THAT IF THE RECORD IS SIGNED
 BEFORE TWO WITNESSES, THE NAME, PHONE NUMBER, EMAIL ADDRESS, AND MAILING
 ADDRESS OF EACH WITNESS MUST BE RECORDED; OR
   (2)  IN  THE CASE OF AN IDENTIFIED DONOR WHO RECEIVED COMPENSATION FOR
 TIME AND EFFORT TO PRODUCE GAMETES FOR USE IN ASSISTED  REPRODUCTION  BY
 AN  INTENDED  PARENT  OR  PARENTS  WHO  WERE UNKNOWN TO THE DONOR OF THE
 GAMETES AT THE TIME OF DONATION, A SIGNED RECORD FROM THE  GAMETE  DONOR
 CERTIFYING  THAT  THEY  AGREED TO IDENTIFIED GAMETE DONATION AND HAVE NO
 PROPRIETARY OR PARENTAL INTEREST IN THE GAMETES OR EMBRYOS.  THE  RECORD
 SHALL BE SIGNED:
   (I) BEFORE A NOTARY PUBLIC, OR
   (II)  BEFORE  TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS; PROVIDED
 THAT IF THE RECORD IS SIGNED  BEFORE  TWO  WITNESSES,  THE  NAME,  PHONE
 NUMBER,  EMAIL  ADDRESS,  AND  MAILING  ADDRESS  OF EACH WITNESS MUST BE
 RECORDED; OR
   (3) where gametes or embryos have previously been released to a gamete
 or embryo storage facility or in the presence of a health  care  practi-
 tioner, either:
   (i)  a  statement  or  documentation from the gamete or embryo storage
 facility or health care practitioner stating or demonstrating that  such
 gametes  or embryos were [anonymously] donated ON AN IDENTIFIED OR NONI-
 DENTIFIED BASIS, or had previously been released; or
   (ii) clear and convincing evidence that the  gamete  or  embryo  donor
 intended  to donate gametes or embryos [anonymously] ON AN IDENTIFIED OR
 NONIDENTIFIED BASIS, or intended to release such gametes or embryos to a
 gamete or embryo storage facility or health care practitioner; or
   [(2)] (4) in the case of a donation from a [known] donor WHO IS  KNOWN
 TO THE INTENDED PARENT OR PARENTS, either: [a.]
   (I)  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
 gestating intended parent and the gamete or embryo donor[.   The  record
 may be, but is not required to be, signed] OR DONORS:
   [(i)] (A) before a notary public, or
   [(ii)]  (B)  before  two  witnesses  who are not the intended parents;
 PROVIDED THAT IF THE RECORD IS SIGNED BEFORE TWO WITNESSES WHO  ARE  NOT
 THE INTENDED PARENTS, THE NAME, PHONE NUMBER, EMAIL ADDRESS, AND MAILING
 ADDRESS OF EACH WITNESS MUST BE RECORDED, or
 S. 7749                             6
 
   [(iii)] (C) before a health care practitioner; or
   [b.]  (II)  clear  and  convincing  evidence that the gamete or embryo
 donor agreed, prior to conception, with the gestating  parent  AND  NON-
 GESTATING  PARENT, IF APPLICABLE, that the donor [has] OR DONORS HAVE no
 parental or proprietary interest in the gametes or embryos.
   (e) (1) 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 date set for the proceeding to determine the  existence  of
 donative  intent by delivery of a copy of the petition and notice pursu-
 ant to section three hundred eight of the civil practice law and  rules.
 SUCH  NOTICE  SHALL  ALSO BE GIVEN TO THE GESTATING INTENDED PARENT, THE
 NON-GESTATING INTENDED PARENT, IF APPLICABLE, AND THE GESTATING INTENDED
 PARENT'S SPOUSE, IF APPLICABLE, EACH OF WHOM SHALL BE A NECESSARY PARTY.
 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 OR ADDRESSES OF THE DONOR OR DONORS, AND/OR THE  NON-PETI-
 TIONING  INTENDED  PARENT, IF ANY, with reasonable effort, notice may be
 given, without prior court order therefore, at least twenty  days  prior
 to  the  proceeding  by  registered  or  certified mail directed to [the
 donor's] SUCH last known address OR ADDRESSES.   Notice  by  publication
 shall not be required to be given to [a donor] ANYONE entitled to notice
 pursuant to the provisions of this section.
   (2)  Notwithstanding  the  above,  where  sperm  is provided under the
 supervision of a health care practitioner  to  someone  other  than  the
 sperm  provider's  intimate  partner  or  spouse without a record of the
 sperm provider's intent to parent notice is not required.
   (f) 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.
   (g)  Where the requirements of subdivision (c) of this section are met
 or where the court finds the intended parent OR PARENTS to be  a  parent
 under  subdivision  [(e)]  (F)  of this section, the court shall issue a
 judgment of parentage:
   (1) declaring, that upon the birth of the child, the  intended  parent
 or parents is or are the legal parent or parents of the child; and
   (2)  ordering  the intended parent or parents to assume responsibility
 for the maintenance and support of the child immediately upon the  birth
 of the child; and
   (3)  if  there  is a donor OR DONORS, ordering that [the] ANY donor is
 not a parent of the child; and
   (4) ordering that:
   (i) Pursuant to section two hundred fifty-four of the  judiciary  law,
 the  clerk  of  the  court  shall  transmit to the state commissioner of
 health, or for a person born in New York city, to  the  commissioner  of
 health  of the city of New York, on a form prescribed by the commission-
 er, a written notification of such entry together with such other  facts
 as  may  assist  in  identifying  the  birth  record of the person whose
 parentage was in issue and, if such  person  whose  parentage  has  been
 determined is under eighteen years of age, the clerk shall also transmit
 forthwith  to the registry operated by the department of social services
 pursuant to section three hundred seventy-two-c of the  social  services
 law a notification of such determination; and
   (ii)  Pursuant to section forty-one hundred thirty-eight of the public
 health law and NYC Public Health Code section 207.05 that  upon  receipt
 of  a  judgment of parentage the local registrar where a DONOR-CONCEIVED
 S. 7749                             7
 
 OR SURROGATE-BORN child is born will report the parentage of the  DONOR-
 CONCEIVED  OR  SURROGATE-BORN  child  to  the  appropriate department of
 health in conformity with the court order. [If an]  AFTER  THE  original
 birth  certificate has [already] been issued, the appropriate department
 of health will amend the birth certificate in an  expedited  manner  and
 seal  the [previously issued] ORIGINAL birth certificate [except that it
 may be rendered] WHICH SHALL BE accessible  to  the  [child]  DONOR-CON-
 CEIVED  OR  SURROGATE-BORN PERSON at eighteen years of age or [the] TO A
 legal parent or [parents.] GUARDIAN IF  THE  DONOR-CONCEIVED  OR  SURRO-
 GATE-BORN PERSON IS UNDER THE AGE OF EIGHTEEN; AND
   (5)  IF  THE JUDGMENT OF PARENTAGE IS ISSUED PRIOR TO THE BIRTH OF THE
 CHILD, ORDERING THE PETITIONER OR PETITIONERS, WITHIN SEVEN DAYS OF SUCH
 BIRTH, TO PROVIDE THE COURT WITH  NOTIFICATION  THEREOF,  TOGETHER  WITH
 SUCH  OTHER  FACTS  AS MAY ASSIST IN IDENTIFYING THE BIRTH RECORD OF THE
 CHILD WHOSE PARENTAGE WAS IN ISSUE. SUCH NOTIFICATION SHALL BE IN  WRIT-
 ING ON A FORM TO BE PRESCRIBED BY THE CHIEF ADMINISTRATOR OF THE COURTS.
 THE  COURT  SHALL THEREAFTER ISSUE AN AMENDED JUDGMENT OF PARENTAGE THAT
 INCLUDES THE CHILD'S NAME AS IT APPEARS ON THE CHILD'S BIRTH CERTIFICATE
 AND THE CHILD'S DATE OF BIRTH.
   (H) FOR THE PURPOSES OF THIS  SECTION,  "ORIGINAL  BIRTH  CERTIFICATE"
 MEANS  THE  UNAMENDED  BIRTH  CERTIFICATE  THAT CONTAINS THE INFORMATION
 REQUIRED UNDER SECTION FORTY-ONE HUNDRED THIRTY-TWO OF THE PUBLIC HEALTH
 LAW, INCLUDING THE NAME OF THE PERSON WHO ACTED AS  SURROGATE  WHO  GAVE
 BIRTH  TO  THE CHILD, AND THE NAME OF ANY IDENTIFIED GAMETE DONOR OR THE
 DONOR REFERENCE NUMBER OF ANY NONIDENTIFIED GAMETE DONOR  WHOSE  GAMETES
 WERE USED IN ASSISTED REPRODUCTION TO CONCEIVE THE CHILD.
   § 3. Section 581-203 of the family court act, as added by section 1 of
 part L of chapter 56 of the laws of 2020, is amended to read as follows:
   §  581-203.  Proceeding for judgment of parentage of a child conceived
 pursuant to a surrogacy agreement.  (a) The proceeding may be commenced:
   (1) in any county where an intended parent resided any time after  the
 surrogacy agreement was executed;
   (2) in the county where the child was born or resides; or
   (3)  in  the  county  where  the  surrogate resided any time after the
 surrogacy agreement was executed.
   (b) The proceeding may be commenced at any time after  the  [surrogacy
 agreement  has been executed] FIRST TRIMESTER OF THE SURROGATE PREGNANCY
 and the person acting as surrogate, THE SPOUSE OF THE PERSON  ACTING  AS
 SURROGATE, IF APPLICABLE, ANY DONOR FOR WHOM THERE IS NOT PROOF OF DONA-
 TIVE  INTENT  AS SET FORTH IN SUBDIVISION (D) OF SECTION 581-202 OF THIS
 PART, IF ANY, and all intended  parents  are  necessary  parties.    THE
 SERVICE  PROVISIONS  OF  SUBDIVISION (E) OF SECTION 581-202 OF THIS PART
 SHALL BE APPLICABLE TO  DONORS  ENTITLED  TO  NOTICE  PURSUANT  TO  THIS
 PROVISION.
   (c)  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]  AND  the  intended  PARENT  OR parents [has] HAVE been [a resident]
 RESIDENTS of the state for at least six months at the time the surrogacy
 agreement was executed AND HAVE CERTIFIED THAT THEY  WILL  MAINTAIN  NEW
 YORK STATE RESIDENCY FOR THE DURATION OF THE SURROGATE PREGNANCY AND FOR
 AT LEAST ONE MONTH FOLLOWING THE BIRTH OF ANY CHILDREN; [and]
   (2) a certification from the attorney representing the intended parent
 or  parents and the attorney representing the person acting as surrogate
 AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE,  IF  APPLICABLE,  that
 the requirements of part four of this article have been met; [and]
 S. 7749                             8
 
   (3)  a statement from all parties to the surrogacy agreement that they
 knowingly and voluntarily entered into the surrogacy agreement and  that
 the parties are jointly requesting the judgment of parentage; AND
   (4) A COPY OF THE EXECUTED SURROGACY AGREEMENT.
   (d)  Where  the court finds the statements required by subdivision (c)
 of this section to be true, the court shall issue a judgment of  parent-
 age, 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 are the  only
 legal parent or parents of the child;
   (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] APPLICABLE, is not
 [the] A legal parent of the child;
   (3) declaring that upon the birth of the child born during the term of
 the surrogacy agreement, [the donors] ANY DONOR,  if  [any]  APPLICABLE,
 [are] IS not [the parents] A PARENT of the child;
   (4)  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;
   (5)  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
   (6) ordering that:
   (i)  Pursuant  to section two hundred fifty-four of the judiciary law,
 the clerk of the court shall  transmit  to  the  state  commissioner  of
 health,  or  for  a person born in New York city, to the commissioner of
 health of the city of New York, on a form prescribed by the  commission-
 er,  a written notification of such entry together with such other facts
 as may assist in identifying  the  birth  record  of  the  person  whose
 parentage  was  in  issue  and,  if  the person whose parentage has been
 determined is under eighteen years of age, the clerk shall also transmit
 to the registry operated by the department of social  services  pursuant
 to  section  three  hundred  seventy-two-c  of the social services law a
 notification of the determination; and
   (ii) Pursuant to section forty-one hundred thirty-eight of the  public
 health  law  and NYC Public Health Code section 207.05 that upon receipt
 of a judgement of parentage the local registrar where a  child  is  born
 will  report the parentage of the child to the appropriate department of
 health in conformity with the court order. [If an]  AFTER  THE  original
 birth  certificate has [already] been issued, the appropriate department
 of health will amend the birth certificate in an  expedited  manner  and
 seal  the [previously issued] ORIGINAL birth certificate [except that it
 may be rendered] WHICH SHALL BE accessible  to  the  [child]  DONOR-CON-
 CEIVED  OR  SURROGATE-BORN PERSON at eighteen years of age or [the] TO A
 legal parent or [parents] GUARDIAN IF THE DONOR-CONCEIVED OR  SURROGATE-
 BORN PERSON IS UNDER THE AGE OF EIGHTEEN; AND
   (7)  IF  THE JUDGMENT OF PARENTAGE IS ISSUED PRIOR TO THE BIRTH OF THE
 CHILD, ORDERING THE PETITIONER OR PETITIONERS, WITHIN SEVEN DAYS OF SUCH
 BIRTH, TO PROVIDE THE COURT WITH  NOTIFICATION  THEREOF,  TOGETHER  WITH
 SUCH  OTHER  FACTS  AS MAY ASSIST IN IDENTIFYING THE BIRTH RECORD OF THE
 CHILD WHOSE PARENTAGE WAS IN ISSUE. SUCH NOTIFICATION SHALL BE IN  WRIT-
 ING ON A FORM TO BE PRESCRIBED BY THE CHIEF ADMINISTRATOR OF THE COURTS.
 THE  COURT  SHALL THEREAFTER ISSUE AN AMENDED JUDGMENT OF PARENTAGE THAT
 INCLUDES THE CHILD'S NAME AS IT APPEARS ON THE CHILD'S BIRTH CERTIFICATE
 AND THE CHILD'S DATE OF BIRTH.
 S. 7749                             9
 
   (e) In the event the certification required by paragraph two of subdi-
 vision (c) 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. In the event that any  other  require-
 ments  of  subdivision  (c) of this section are not met, the court shall
 determine parentage according to part four of this article.
   (F) FOR THE PURPOSES OF THIS  SECTION,  "ORIGINAL  BIRTH  CERTIFICATE"
 MEANS  THE  UNAMENDED  BIRTH  CERTIFICATE  THAT CONTAINS THE INFORMATION
 REQUIRED UNDER SECTION FORTY-ONE HUNDRED THIRTY-TWO OF THE PUBLIC HEALTH
 LAW, INCLUDING THE NAME OF THE PERSON WHO ACTED AS  SURROGATE  WHO  GAVE
 BIRTH  TO  THE CHILD, AND THE NAME OF ANY IDENTIFIED GAMETE DONOR OR THE
 DONOR REFERENCE NUMBER OF ANY NONIDENTIFIED GAMETE DONOR  WHOSE  GAMETES
 WERE USED IN ASSISTED REPRODUCTION TO CONCEIVE THE CHILD.
   § 4. Section 581-205 of the family court act, as added by section 1 of
 part L of chapter 56 of the laws of 2020, is amended to read as follows:
   §  581-205.  Inspection  of  records.  (A)  Court  records relating to
 proceedings under this article shall be sealed, provided, however,  that
 the  office of temporary and disability assistance, a child support unit
 of a social services district or a child support agency of another state
 providing child support services pursuant to title IV-d of  the  federal
 social security act, when a party to a related support proceeding and to
 the extent necessary to provide child support services or for the admin-
 istration  of  the  program pursuant to title IV-d of the federal social
 security act, may obtain a copy of a judgment of parentage. The  parties
 to the proceeding and the child shall have the right to inspect and make
 copies  of  the  entire court record, including, but not limited to, the
 name of the person acting as surrogate and, PRIOR TO THE EFFECTIVE  DATE
 OF  SECTION  FOURTEEN HUNDRED FIVE OF THE GENERAL BUSINESS LAW, THE NAME
 OF any [known donors] IDENTIFIED GAMETE DONOR  OR  THE  DONOR  REFERENCE
 NUMBER  OF  ANY NONIDENTIFIED GAMETE DONOR, AND AFTER THE EFFECTIVE DATE
 OF SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL BUSINESS LAW,  THE  NAME
 OF  ANY  IDENTIFIED GAMETE DONOR.  PURSUANT TO SECTION FORTY-ONE HUNDRED
 THIRTY-EIGHT-E OF THE PUBLIC HEALTH LAW, A PERSON WHO IS DONOR-CONCEIVED
 OR SURROGATE-BORN UNDER SECTION 581-202 OR 581-203 OF THIS PART HAS  THE
 RIGHT  TO  OBTAIN  A CERTIFIED COPY OF THEIR ORIGINAL BIRTH CERTIFICATE.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  COUNTY  CLERK  OR  THE
 CLERK  OF THE SUPREME, SURROGATE'S OR FAMILY COURT SHALL NOT DISPLAY THE
 SURNAME OF THE CHILD OR PARTIES IN ANY DOCUMENT, INDEX, MINUTES OR OTHER
 RECORD AVAILABLE TO THE PUBLIC.
   (B) FOR THE PURPOSES OF THIS  SECTION,  "ORIGINAL  BIRTH  CERTIFICATE"
 MEANS  THE  UNAMENDED  BIRTH  CERTIFICATE  THAT CONTAINS THE INFORMATION
 REQUIRED UNDER SECTION FORTY-ONE HUNDRED THIRTY-TWO OF THE PUBLIC HEALTH
 LAW, INCLUDING THE NAME OF THE PERSON WHO ACTED AS  SURROGATE  WHO  GAVE
 BIRTH  TO  THE CHILD, AND THE NAME OF ANY IDENTIFIED GAMETE DONOR OR THE
 DONOR REFERENCE NUMBER OF ANY NONIDENTIFIED GAMETE DONOR  WHOSE  GAMETES
 WERE USED IN ASSISTED REPRODUCTION TO CONCEIVE THE CHILD.
   §  5.  Subdivision  (a) of section 581-206 of the family court act, as
 added by section 1 of part L of chapter 56  of  the  laws  of  2020,  is
 amended to read as follows:
   (a)  Proceedings  pursuant  to this article may be instituted in [the]
 NEW YORK STATE supreme [or] COURT, family court or surrogates court.
   § 6. The family court act is amended by adding a new  section  581-207
 to read as follows:
 S. 7749                            10
 
   §  581-207.  CERTIFIED  COPY  OF JUDGMENT OF PARENTAGE. UPON ISSUING A
 JUDGMENT OF PARENTAGE PURSUANT TO SECTION 581-202  OR  581-203  OF  THIS
 PART,  THE ISSUING COURT SHALL PROVIDE A CERTIFIED COPY OF SUCH JUDGMENT
 TO THE INTENDED PARENT OR PARENTS AND IF THE JUDGMENT  OF  PARENTAGE  IS
 ISSUED PURSUANT TO SECTION 581-203 OF THIS PART, TO THE PERSON ACTING AS
 SURROGATE, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICA-
 BLE.
   §  7.  Subdivision  (b) of section 581-303 of the family court act, as
 added by section 1 of part L of chapter 56  of  the  laws  of  2020,  is
 amended to read as follows:
   (b)  The  court  shall  issue a judgment of parentage pursuant to this
 article upon application by any [participant] PERSON AUTHORIZED TO  FILE
 A  PETITION PURSUANT TO SUBDIVISION (C) OF SECTION 581-201 OF THIS ARTI-
 CLE.
   § 8. Paragraph 3 of subdivision (a) and  subdivision  (d)  of  section
 581-306  of  the  family  court  act, as added by section 1 of part L of
 chapter 56 of the laws of 2020, are amended to read as follows:
   (3) where the intended parents are married, transfer of  legal  rights
 and  dispositional  control  [occurs  only]  BECOMES EFFECTIVE upon: (I)
 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 (II) LIVING SEPARATE AND APART AT LEAST
 THREE YEARS; OR (III) divorce; OR (IV) DEATH.
   (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 INTENDED parent
 awarded legal rights and dispositional control of the embryos shall,  in
 this instance, be declared to be the only parent of the child.
   § 9. Section 581-402 of the family court act, as added by section 1 of
 part L of chapter 56 of the laws of 2020, is amended to read as follows:
   §  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 LESS THAN THIRTY-FIVE YEARS OF AGE AT THE TIME OF CONCEPTION;
   (2) the person acting as surrogate HAS MET AND HAS CERTIFIED THAT THEY
 WILL CONTINUE TO MEET RESIDENCY REQUIREMENTS, INCLUDING:
   (I) THE PERSON ACTING AS SURROGATE is a United  States  citizen  or  a
 lawful  permanent  resident  [and, where at least one intended parent is
 not];
   (II) THE PERSON ACTING AS SURROGATE HAS BEEN a resident  of  New  York
 state  for AT LEAST six months[, was a resident of New York state for at
 least six months] AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
   (III) THE PERSON ACTING AS SURROGATE  WILL  MAINTAIN  NEW  YORK  STATE
 RESIDENCY  FOR  THE DURATION OF THE SURROGATE PREGNANCY AND FOR AT LEAST
 ONE MONTH FOLLOWING THE BIRTH OF ANY CHILDREN;
   (3) the person acting as surrogate has not provided the  egg  used  to
 conceive the resulting child;
   (4)  the  person  acting as surrogate has [completed] OBTAINED WRITTEN
 MEDICAL CLEARANCE TO UNDERGO A SURROGATE PREGNANCY UNDER THIS PART AFTER
 S. 7749                            11
 
 COMPLETING a medical evaluation AND PSYCHOLOGICAL SCREENING with [a]  AN
 INDEPENDENT  health  care practitioner LICENSED UNDER TITLE EIGHT OF THE
 EDUCATION LAW relating to the anticipated SURROGATE pregnancy.    [Such]
 THE  DEPARTMENT SHALL MAINTAIN A LIST OF INDEPENDENT HEALTH CARE PROVID-
 ERS. THE medical evaluation shall include a  screening  of  the  medical
 history  of  the  potential  surrogate including known health conditions
 that may pose risks to the potential surrogate or embryo during pregnan-
 cy AND ANY GUIDELINES, PROCEDURES, OR PROTOCOLS  DEVELOPED  PURSUANT  TO
 PARAGRAPH  (D) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-
 NINE-CC OF THE PUBLIC HEALTH LAW.    A  POTENTIAL  SURROGATE  SHALL  NOT
 OBTAIN  WRITTEN  MEDICAL  CLEARANCE  TO UNDERGO A SURROGATE PREGNANCY IF
 THEY MEET ANY OF THE  DISQUALIFYING  CRITERIA  UNDER  PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  SECTION  TWENTY-FIVE HUNDRED NINETY-NINE-CC OF THE
 PUBLIC HEALTH LAW;
   (5) THE PERSON ACTING AS SURROGATE MUST HAVE PREVIOUSLY  DELIVERED  AT
 LEAST  ONE  HEALTHY  LIVE BIRTH FROM AN UNCOMPLICATED PREGNANCY THAT WAS
 NOT PURSUANT TO A SURROGACY AGREEMENT, AND ALL PREVIOUS PREGNANCIES MUST
 HAVE BEEN WITHOUT SERIOUS COMPLICATIONS;
   (6) THE PERSON ACTING AS SURROGATE HAS NOT DELIVERED MORE THAN A TOTAL
 OF FOUR LIVE CHILDREN;
   (7) THE PERSON ACTING AS SURROGATE HAS NOT HAD ANY  PREVIOUS  CESAREAN
 SECTIONS;
   (8)  the  person  acting  as  surrogate has given informed MEDICAL AND
 LEGAL consent [for the surrogacy after the licensed health care  practi-
 tioner  inform  them  of  the  medical  risks of surrogacy including the
 possibility of multiple births, risk of medications taken for the surro-
 gacy, risk of pregnancy complications,  psychological  and  psychosocial
 risks, and impacts on their personal lives;] TO ENTER INTO THE SURROGACY
 AGREEMENT AFTER COMPLETING THE INFORMED MEDICAL AND LEGAL CONSENT PROCE-
 DURES PURSUANT TO THIS ARTICLE;
   [(6)] (9) the person acting as surrogate, and the spouse of the person
 acting  as  surrogate,  if  applicable,  have  been represented FROM THE
 INITIATION OF AND throughout the contractual process and the duration of
 the [contract and its execution] SURROGACY AGREEMENT UNTIL  ALL  OF  THE
 ACTS  CONTEMPLATED  BY  THE  SURROGACY  AGREEMENT HAVE BEEN FULFILLED by
 SEPERATE, independent  legal  counsel  of  their  own  choosing  who  is
 licensed  to  practice  law in the state of New York which shall be paid
 for by the intended parent or parents, except that a  person  acting  as
 surrogate  who  is receiving no compensation may waive the right to have
 the intended parent or parents pay the fee for such legal counsel. Where
 the intended parent or parents are  paying  for  the  independent  legal
 counsel  of the person acting as surrogate, and the spouse of the person
 acting as surrogate, if applicable, a separate retainer agreement  shall
 be  prepared clearly stating that such legal counsel will only represent
 the person acting as surrogate and the spouse of the  person  acting  as
 surrogate,  if  applicable,  in  all matters pertaining to the surrogacy
 agreement, that such legal counsel will not offer legal  advice  to  any
 other  parties  to the surrogacy agreement, and that the attorney-client
 relationship lies with the person acting as surrogate and the spouse  of
 the person acting as surrogate, if applicable;
   [(7)  the  person  acting  as surrogate has or the surrogacy agreement
 stipulates that the person acting as surrogate will obtain a  comprehen-
 sive]
   (10)  THE  SURROGACY  AGREEMENT MUST PROVIDE THAT THE PERSON ACTING AS
 SURROGATE HAS OR WILL OBTAIN A  COMPREHENSIVE  health  insurance  policy
 that takes effect prior to taking any medication or commencing treatment
 S. 7749                            12
 
 to  further  embryo  transfer  that  covers preconception care, prenatal
 care, major medical treatments, hospitalization, and  behavioral  health
 care,  and  the  comprehensive  HEALTH  INSURANCE policy has a term that
 extends throughout the duration of the expected pregnancy and for twelve
 months after the birth of the child, a stillbirth, a miscarriage result-
 ing  in  termination  of pregnancy, or termination of the pregnancy; the
 policy shall be paid for, whether directly or through  reimbursement  or
 other  means,  by the intended parent or parents on behalf of the person
 acting as surrogate pursuant to the surrogacy agreement, except  that  a
 person  acting  as  surrogate who is receiving no compensation may waive
 the right to have the intended parent or  parents  pay  for  the  health
 insurance  policy.  The intended parent or parents shall also pay for or
 reimburse the person acting as surrogate for  all  co-payments,  deduct-
 ibles  and any other out-of-pocket medical costs associated with precon-
 ception, pregnancy, childbirth, or postnatal care, that  accrue  through
 twelve months after the birth of the child, a stillbirth, a miscarriage,
 or  termination  of  the  pregnancy. A person acting as surrogate who is
 receiving no compensation may waive  the  right  to  have  the  intended
 parent or parents make such payments or reimbursements;
   [(8)  the surrogacy agreement must provide that the intended parent or
 parents shall procure and pay for a life insurance policy for the person
 acting as surrogate that takes effect prior to taking any medication  or
 the  commencement  of  medical  procedures  to  further embryo transfer,
 provides a minimum benefit of seven hundred fifty  thousand  dollars  or
 the  maximum amount the person acting as surrogate qualifies for if less
 than seven hundred fifty thousand dollars, and has a term  that  extends
 throughout  the duration of the expected pregnancy and for twelve months
 after the birth of the child, a stillbirth, a miscarriage  resulting  in
 termination  of pregnancy, or termination of the pregnancy, with a bene-
 ficiary or beneficiaries of their choosing. The  policy  shall  be  paid
 for,  whether  directly  or through reimbursement or other means, by the
 intended parent or parents on behalf of the person acting  as  surrogate
 pursuant  to  the  surrogacy  agreement,  except that a person acting as
 surrogate who is receiving no compensation may waive the right  to  have
 the intended parent or parents pay for the life insurance policy]
   (11)  THE  PERSON  ACTING AS SURROGATE HAS REGISTERED WITH THE CENTRAL
 ASSISTED REPRODUCTION REGISTRY; and
   [(9)] (12) the person acting as surrogate meets all other requirements
 deemed appropriate by the commissioner of health regarding the health of
 the prospective surrogate.
   (b) The intended parent or parents shall be eligible to enter into  an
 enforceable  surrogacy  agreement  under this article if he, she or they
 have met the following requirements at the time the surrogacy  agreement
 was executed:
   (1)  AT LEAST ONE INTENDED PARENT MUST PROVIDE THEIR GAMETES TO CREATE
 THE EMBRYO THAT WILL BE TRANSFERRED TO THE PERSON ACTING  AS  SURROGATE,
 UNLESS  THE  INTENDED  PARENT  OR  PARENTS  ARE  UNABLE TO PROVIDE THEIR
 GAMETES FOR MEDICAL REASONS;
   (2) THE INTENDED PARENT OR PARENTS HAVE MET AND  HAVE  CERTIFIED  THAT
 THEY WILL CONTINUE TO MEET THE RESIDENCY REQUIREMENTS, INCLUDING:
   (I)  at  least  one  intended  parent  is a United States citizen or a
 lawful permanent resident; and [was a resident]
   (II) THE INTENDED PARENT OR PARENTS HAVE BEEN RESIDENTS  of  New  York
 state  for  at  least six months AT THE TIME THE SURROGACY AGREEMENT WAS
 EXECUTED; AND
 S. 7749                            13
 
   (III) THE INTENDED PARENT OR PARENTS  WILL  MAINTAIN  NEW  YORK  STATE
 RESIDENCY  FOR  THE DURATION OF THE SURROGATE PREGNANCY AND FOR AT LEAST
 ONE MONTH FOLLOWING THE BIRTH OF ANY CHILDREN;
   (3)  THE  INTENDED  PARENT  OR PARENTS HAVE GIVEN INFORMED MEDICAL AND
 LEGAL CONSENT TO ENTER INTO THE SURROGACY AGREEMENT AFTER COMPLETING THE
 INFORMED MEDICAL AND LEGAL CONSENT PROCEDURES PURSUANT TO  PART  TEN  OF
 THIS ARTICLE;
   [(2)](4)  the  intended  parent or parents [has] HAVE been represented
 [throughout] FROM THE INITIATION OF AND THROUGHOUT the contractual proc-
 ess and the duration of  the  [contract  and  its  execution]  SURROGACY
 AGREEMENT  UNTIL ALL OF THE ACTS CONTEMPLATED BY THE SURROGACY AGREEMENT
 HAVE BEEN FULFILLED by SEPARATE, independent legal counsel of  his,  her
 or  their  own  choosing who is licensed to practice law in the state of
 New York; [and
   (3) he or she is] (5) THEY ARE an adult person who is not in a spousal
 relationship, or [adult] ANY ADULTS WHO ARE 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 agree-
 ment without [his or her] THEIR spouse if:
   (i) they are living separate and apart pursuant to a decree  or  judg-
 ment  of  separation  or  pursuant  to a written agreement of separation
 subscribed by the parties thereto and acknowledged or proved in the form
 required to entitle a deed to be recorded; or
   (ii) they have been living separate and apart for at least three years
 prior to execution of the surrogacy agreement;
   (6) THE INTENDED PARENT OR PARENTS WERE NOT PARTIES TO ANOTHER  SURRO-
 GACY AGREEMENT AT THE TIME THE SURROGACY AGREEMENT PURSUANT TO PART FOUR
 OF THIS ARTICLE WAS EXECUTED AND THEY WILL NOT ENTER INTO ANOTHER SURRO-
 GACY  AGREEMENT  UNTIL AFTER ALL OF THE ACTS CONTEMPLATED BY THE CURRENT
 SURROGACY AGREEMENT HAVE BEEN FULFILLED; AND
   (7) THE INTENDED PARENT OR PARENTS HAVE REGISTERED  WITH  THE  CENTRAL
 ASSISTED REPRODUCTION REGISTRY.
   (c)  [where]  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.
   §  10.  Section 581-403 of the family court act, as added by section 1
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   § 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 or executed before]
 WITH EACH SIGNATURE EITHER NOTARIZED  OR  WITNESSED  BY  two  [non-party
 witnesses] NON-PARTIES, WHOSE NAMES, PHONE NUMBERS, EMAIL ADDRESSES, AND
 MAILING ADDRESSES SHALL BE RECORDED, AND SIGNED by:
   (1) each intended parent, and
   (2)  the  person  acting  as  surrogate,  and the spouse of the person
 acting as surrogate, if [any] APPLICABLE, unless:
   (i) [the person acting as surrogate  and  the  spouse  of  the  person
 acting  as  surrogate]  THEY 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) THEY have been living separate and apart for at least three years
 prior to execution of the surrogacy agreement;
 S. 7749                            14
 
   (b) it shall be executed prior  to  the  person  acting  as  surrogate
 taking  any  medication or the commencement of medical procedures in the
 furtherance of embryo transfer, [provided] AND AFTER the  person  acting
 as  surrogate  [shall  have]  HAS  provided  informed  MEDICAL AND LEGAL
 consent  PURSUANT  TO  PART TEN OF THIS ARTICLE to [undergo such medical
 treatment or medical procedures prior to executing the] ENTER  INTO  THE
 SURROGACY agreement;
   (c) it shall be executed by a person acting as surrogate [meeting] WHO
 MET  the  eligibility requirements of subdivision (a) of section 581-402
 of this part and by the spouse of the person  acting  as  surrogate,  IF
 APPLICABLE,  unless  the signature of the spouse of the person acting as
 surrogate is not required as set forth in this section;
   (d) it shall be executed by AN intended parent or parents who met  the
 eligibility  requirements  of subdivision (b) of section 581-402 of this
 part;
   (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 FROM THE INITIATION OF AND throughout the contrac-
 tual  process  and  the  SURROGACY  AGREEMENT  STIPULATES THAT THEY WILL
 CONTINUE TO BE REPRESENTED THROUGHOUT THE duration of the [contract  and
 its execution] SURROGACY AGREEMENT UNTIL ALL OF THE ACTS CONTEMPLATED BY
 THE  SURROGACY  AGREEMENT  HAVE  BEEN FULFILLED by separate, independent
 legal counsel of their own choosing, WHO IS LICENSED TO PRACTICE LAW  IN
 THE STATE OF NEW YORK, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS;
   (f)  if  the  surrogacy  agreement provides for the payment of compen-
 sation to the person acting as surrogate, the  funds  for  base  compen-
 sation  and  reasonable  anticipated additional expenses shall have been
 placed in escrow with an independent escrow agent, who consents  to  the
 jurisdiction  of  New  York  courts  for  all proceedings related to the
 enforcement of the escrow agreement,  prior  to  the  person  acting  as
 surrogate  commencing  [with]  any  medical procedure other than medical
 evaluations necessary to determine  the  person  acting  as  surrogate's
 eligibility;
   (g)  THE  PERSON  ACTING  AS  SURROGATE HAS OR THE SURROGACY AGREEMENT
 STIPULATES THAT THE PERSON ACTING AS SURROGATE  HAS  OR  WILL  OBTAIN  A
 COMPREHENSIVE  HEALTH  INSURANCE POLICY OR SHALL OBTAIN SUCH POLICY ONCE
 THE SURROGACY AGREEMENT IS EXECUTED PURSUANT TO SECTION FOURTEEN HUNDRED
 NINE OF THE GENERAL BUSINESS LAW,  WHICH  SHALL  TAKE  EFFECT  PRIOR  TO
 TAKING ANY MEDICATION OR COMMENCING TREATMENT TO FURTHER EMBRYO TRANSFER
 THAT COVERS PRECONCEPTION CARE, PRENATAL CARE, MAJOR MEDICAL TREATMENTS,
 HOSPITALIZATION, AND BEHAVIORAL HEALTH CARE, AND THE COMPREHENSIVE POLI-
 CY HAS A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREG-
 NANCY  AND FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH,
 A MISCARRIAGE RESULTING IN TERMINATION OF PREGNANCY, OR  TERMINATION  OF
 THE PREGNANCY; THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH
 REIMBURSEMENT  OR  OTHER  MEANS,  BY  THE  INTENDED PARENT OR PARENTS ON
 BEHALF OF THE PERSON ACTING  AS  SURROGATE  PURSUANT  TO  THE  SURROGACY
 AGREEMENT,  EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO
 COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR  PARENTS
 PAY  FOR  THE  HEALTH  INSURANCE  POLICY. THE INTENDED PARENT OR PARENTS
 SHALL ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE  FOR  ALL
 CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSO-
 CIATED  WITH  PRECONCEPTION,  PREGNANCY,  CHILDBIRTH, OR POSTNATAL CARE,
 THAT ACCRUE THROUGH TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILL-
 BIRTH, A MISCARRIAGE, OR TERMINATION OF THE PREGNANCY. A  PERSON  ACTING
 AS  SURROGATE  WHO  IS  RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO
 S. 7749                            15
 
 HAVE THE INTENDED PARENT OR PARENTS MAKE  SUCH  PAYMENTS  OR  REIMBURSE-
 MENTS;
   (H)  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 comprehensive health care
 coverage is used to cover the  medical  expenses,  the]  THE  disclosure
 shall  include  a  review  and  summary of the COMPREHENSIVE health care
 policy provisions related to coverage  and  exclusions  for  the  person
 acting  as surrogate's pregnancy AND IF AN INTENDED PARENT'S OR PARENTS'
 HEALTH INSURANCE COVERAGE OF IN VITRO FERTILIZATION  SHALL  BE  USED  TO
 COVER  MEDICAL  COSTS  OF ASSISTED REPRODUCTION SERVICES RENDERED TO THE
 PERSON ACTING AS  SURROGATE  PURSUANT  TO  SECTION  THREE  THOUSAND  TWO
 HUNDRED TWENTY-ONE OR FOUR THOUSAND THREE HUNDRED THREE OF THE INSURANCE
 LAW; and
   [(h)] (I) it shall include the following information:
   (1)  the  date,  city  and  state  where  the  surrogacy agreement was
 executed;
   (2) the first and last  names  of  and  contact  information  for  the
 intended parent or parents and of the person acting as surrogate;
   (3)  PRIOR  TO  THE EFFECTIVE DATE OF SECTION FOURTEEN HUNDRED FIVE OF
 THE GENERAL BUSINESS LAW, the first and last names of and contact infor-
 mation for the persons from which the  gametes  originated,  if  [known]
 IDENTIFIED,  OR  THE  GAMETE  DONOR REFERENCE NUMBER IF THE DONATION WAS
 NONIDENTIFIED. AFTER THE EFFECTIVE DATE OF SECTION FOURTEEN HUNDRED FIVE
 OF THE GENERAL BUSINESS LAW THE FIRST AND LAST NAME AND CONTACT INFORMA-
 TION FOR ANY GAMETE DONOR MUST BE INCLUDED. The agreement shall  specify
 whether the gametes provided were eggs, sperm, or embryos;
   (4)  the  name  of and contact information for the licensed and regis-
 tered surrogacy program handling the surrogacy agreement, THE  INDEPEND-
 ENT ESCROW AGENT, AND THE FERTILITY CLINIC; and
   (5)  the name of and contact information for the attorney representing
 the person acting as surrogate, and the spouse of the person  acting  as
 surrogate,  if  applicable,  and  the attorney representing the intended
 parent or parents; and
   [(i)] (J) the surrogacy agreement must comply with all of the  follow-
 ing 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;
   (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;
   (iii) the surrogacy agreement shall include the name  of  AND  CONTACT
 INFORMATION FOR the attorney representing the person acting as surrogate
 and, if applicable, the spouse of the person acting as surrogate;
   (iv)  the  surrogacy  agreement must include an acknowledgement by the
 person acting as surrogate and the spouse of the person acting as surro-
 gate, if applicable, that they have received a copy of  the  Surrogate's
 Bill  of Rights AND THE BILL OF RIGHTS OF DONOR-CONCEIVED AND SURROGATE-
 BORN INDIVIDUALS from their legal counsel INCLUDING  AN  EXPLANATION  OF
 EACH  RIGHT  AND  HOW  TO IMPLEMENT THEIR RIGHTS PURSUANT TO PART TEN OF
 THIS ARTICLE;
   (v) the surrogacy agreement must permit the person acting as surrogate
 to make all health [and], welfare, AND  BEHAVIORAL  decisions  regarding
 S. 7749                            16
 
 themselves and their pregnancy [including]. HEALTH AND WELFARE DECISIONS
 INCLUDE  but  ARE  not limited to, whether to GET VACCINATED AGAINST THE
 CORONAVIRUS AND OTHER ILLNESSES, 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 or continue a pregnancy. THE  SURROGACY
 AGREEMENT  MAY  NOT INCLUDE CLAUSES OR TERMS THAT IMPOSE RESTRICTIONS ON
 THE BEHAVIOR OF THE PERSON ACTING AS SURROGATE. ANY SUCH CLAUSE OR  TERM
 IS VOID AND UNENFORCEABLE;
   (vi) THE SURROGACY AGREEMENT SHALL REQUIRE THE PERSON ACTING AS SURRO-
 GATE  TO  RECEIVE  SURROGATE SCREENING, ASSISTED REPRODUCTION, MATERNITY
 HEALTH CARE AND DELIVERY,  AND  BEHAVIORAL  HEALTH  CARE  SERVICES  FROM
 HEALTH CARE PROVIDERS LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW;
   (VII)  the  surrogacy  agreement  shall  permit the person acting as a
 surrogate to utilize the services of a health care practitioner LICENSED
 UNDER TITLE EIGHT OF THE EDUCATION LAW of the person's choosing;
   [(vii)] (VIII) the surrogacy agreement shall 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 carry-
 ing;
   [(viii)] (IX) the surrogacy agreement shall provide for [the right of]
 the person acting as surrogate [, upon request,] to obtain A  COMPREHEN-
 SIVE HEALTH INSURANCE POLICY THAT COVERS BEHAVIORAL HEALTH CARE AND WILL
 COVER  THE  COST OF PSYCHOLOGICAL counseling to address issues resulting
 from the person's participation in the surrogacy  agreement,  including,
 but  not  limited  to, counseling following delivery[.  The cost of that
 counseling], AND SUCH POLICY shall be paid FOR by the intended parent or
 parents;
   [(ix)] (X) the surrogacy agreement must  include  a  notice  that  any
 compensation  received  pursuant  to  the  agreement  IS TAXABLE AND may
 affect THE ELIGIBILITY OF the person  acting  as  [surrogate's  ability]
 SURROGATE  AND  THE  PERSON ACTING AS SURROGATE'S SPOUSE, IF APPLICABLE,
 for public benefits or the amount of such benefits; [and
   (x)] (XI) THE SURROGACY  AGREEMENT  MUST  PROVIDE  THAT  THE  INTENDED
 PARENT  OR PARENTS SHALL PROCURE AND PAY FOR A LIFE INSURANCE POLICY FOR
 THE PERSON ACTING AS SURROGATE THAT TAKES EFFECT  PRIOR  TO  TAKING  ANY
 MEDICATION  OR  THE  COMMENCEMENT  OF MEDICAL AND SURGICAL PROCEDURES TO
 FURTHER EMBRYO TRANSFER, PROVIDES A MINIMUM  BENEFIT  OF  SEVEN  HUNDRED
 FIFTY THOUSAND DOLLARS OR THE MAXIMUM AMOUNT THE PERSON ACTING AS SURRO-
 GATE  QUALIFIES  FOR  IF LESS THAN SEVEN HUNDRED FIFTY THOUSAND DOLLARS,
 AND HAS A TERM THAT EXTENDS THROUGHOUT  THE  DURATION  OF  THE  EXPECTED
 PREGNANCY  AND  FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILL-
 BIRTH, A MISCARRIAGE RESULTING IN TERMINATION OF  PREGNANCY,  OR  TERMI-
 NATION  OF  THE  PREGNANCY, WITH A BENEFICIARY OR BENEFICIARIES OF THEIR
 CHOOSING. THE POLICY SHALL BE PAID  FOR,  WHETHER  DIRECTLY  OR  THROUGH
 REIMBURSEMENT  OR  OTHER  MEANS,  BY  THE  INTENDED PARENT OR PARENTS ON
 BEHALF OF THE PERSON ACTING  AS  SURROGATE  PURSUANT  TO  THE  SURROGACY
 AGREEMENT,  EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO
 COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR  PARENTS
 PAY FOR THE LIFE INSURANCE POLICY;
   (XII)  the  surrogacy  agreement  shall provide that[, upon the person
 acting as surrogate's request,] the intended parent or parents [have  or
 will procure and] SHALL PROCURE AND pay for a disability insurance poli-
 cy  for  the person acting as surrogate[; the person acting as surrogate
 may designate the beneficiary  of  the  person's  choosing]  BEFORE  THE
 S. 7749                            17
 
 PERSON ACTING AS SURROGATE STARTS TAKING MEDICATION OR COMMENCES MEDICAL
 AND SURGICAL PROCEDURES TO FURTHER EMBRYO TRANSFER; AND
   (XIII)  THE SURROGACY AGREEMENT MAY NOT INCLUDE A NONDISCLOSURE CLAUSE
 THAT PROHIBITS THE PERSON ACTING AS SURROGATE  FROM  TALKING  ABOUT  THE
 SURROGACY AGREEMENT, THE SURROGATE PREGNANCY, OR THEIR EXPERIENCE ACTING
 AS A SURROGATE. ANY SUCH CLAUSE SHALL BE VOID AND UNENFORCEABLE.
   (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 regardless of whether the intended
 embryos were transferred due to a laboratory error  without  diminishing
 the  rights,  if  any,  of  anyone  claiming to have a superior parental
 interest in the child; 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  AND  CONTACT
 INFORMATION  FOR  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
 and authorizing their executor  to  perform  the  intended  parent's  or
 parents' obligations pursuant to the surrogacy agreement.
   §  11.  Section 581-408 of the family court act, as added by section 1
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   § 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, TAKING INTO ACCOUNT THE BEST INTERESTS OF THE CHILD.
   §  12.  Section 581-409 of the family court act, as added by section 1
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   § 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[, in]. IN any proceed-
 ing  initiated  pursuant  to  this  section,  the  court  may,  at   its
 discretion,  authorize the use of conferencing or mediation at any point
 in the proceedings.
   (b) ANY DISPUTES AS TO PARENTAGE SHALL BE RESOLVED TAKING INTO ACCOUNT
 THE BEST INTERESTS OF THE CHILD.
   (C) 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)]  (D) There shall be no specific performance remedy available for
 a breach.
   (E) IN ANY PROCEEDING INITIATED PURSUANT TO THIS  SECTION,  WHERE  THE
 SUPREME  COURT DETERMINES THAT THE DISPUTE INVOLVES BOTH CONTRACTUAL AND
 PARENTAGE ISSUES, THE COURT MAY ORDER THAT THE PORTION OF THE PROCEEDING
 RAISING PARENTAGE ISSUES MAY BE TRANSFERRED TO THE FAMILY OR SURROGATE'S
 COURT.
 S. 7749                            18
 
   § 13. Subdivision (c) of section 581-502 of the family court  act,  as
 added  by  section  1  of  part  L of chapter 56 of the laws of 2020, is
 amended to read as follows:
   (c)  Compensation  may  not  be conditioned upon the NUMBER OF OOCYTES
 RETRIEVED, purported quality or genome-related traits of the gametes  or
 embryos.
   §  14.  Section 581-601 of the family court act, as added by section 1
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   §  581-601.  Applicability.  The  rights enumerated in this part shall
 apply to any person acting as surrogate [in this state] UNDER PART  FOUR
 OF  THIS  ARTICLE,  notwithstanding any surrogacy agreement, judgment of
 parentage, memorandum of understanding, verbal agreement or contract  to
 the contrary. Except as otherwise provided by law, any written or verbal
 agreement purporting to waive or limit any of the rights in this part is
 void  as  against  public policy. The rights enumerated in this part are
 not exclusive, and are in addition to any other rights provided by  law,
 regulation, or a surrogacy agreement that meets the requirements of this
 article.
   §  15.  Section 581-602 of the family court act, as added by section 1
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   §  581-602.  Health [and], welfare, AND BEHAVIORAL decisions. A person
 acting as surrogate has  the  SAME  right  to  make  all  health  [and],
 welfare,  AND  BEHAVIORAL  decisions  regarding [them-self] THEMSELF and
 their pregnancy, including but not limited to whether to GET  VACCINATED
 AGAINST  THE  CORONAVIRUS  AND OTHER ILLNESSES, TO consent to a cesarean
 section or multiple embryo transfer, to utilize the services of a health
 care practitioner LICENSED UNDER TITLE EIGHT OF  THE  EDUCATION  LAW  of
 their  choosing,  whether  to  terminate  or continue the pregnancy, and
 whether to reduce or retain the number of fetuses or  embryos  they  are
 carrying.  A  PERSON  ACTING AS SURROGATE HAS THE SAME RIGHT TO MAKE ALL
 BEHAVIORAL DECISIONS REGARDING THEMSELF AND  THEIR  PREGNANCY  AS  OTHER
 PREGNANT  PEOPLE  IN  NEW  YORK  STATE. ANY PROVISIONS THAT RESTRICT THE
 BEHAVIOR OF A PERSON ACTING AS SURROGATE IN A SURROGACY AGREEMENT  UNDER
 PART FOUR OF THIS ARTICLE ARE VOID AND UNENFORCEABLE.
   §  16.  Section 581-603 of the family court act, as added by section 1
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   §  581-603.  Independent  legal counsel. A person acting as surrogate,
 has the right to be represented FROM THE INITIATION  OF  AND  throughout
 the contractual process and the duration of the surrogacy agreement [and
 its  execution],  UNTIL  ALL  OF  THE ACTS CONTEMPLATED BY THE SURROGACY
 AGREEMENT HAVE BEEN FULFILLED by SEPARATE, independent legal counsel  of
 their  own  choosing who is licensed to practice law in the state of New
 York, to be paid for by the intended parent or parents.
   § 17. Section 581-604 of the family court act, as added by  section  1
 of  part  L  of  chapter  56  of the laws of 2020, is amended to read as
 follows:
   § 581-604. Health insurance and medical  costs.  A  person  acting  as
 surrogate  has the right to have a comprehensive health insurance policy
 that covers preconception care, prenatal care, major medical treatments,
 hospitalization and behavioral health care for  a  term  [that  extends]
 BEGINNING  BEFORE THE PERSON ACTING AS SURROGATE TAKES ANY MEDICATION OR
 COMMENCES MEDICAL PROCEDURES TO FURTHER EMBRYO  TRANSFER  AND  EXTENDING
 throughout  the duration of the expected pregnancy and for twelve months
 S. 7749                            19
 
 after the birth of the child, a stillbirth, a miscarriage  resulting  in
 termination  of  pregnancy,  or termination of the pregnancy, to be paid
 for by the intended parent or parents. The intended  parent  or  parents
 shall  also  pay for or reimburse the person acting as surrogate for all
 co-payments, deductibles and any other out-of-pocket medical costs asso-
 ciated with pregnancy, childbirth, or postnatal care that accrue through
 twelve months after the birth of the child, a stillbirth, a miscarriage,
 or the termination of the pregnancy. A person acting as a surrogate  who
 is  receiving  no  compensation may waive the right to have the intended
 parent or parents make such payments or reimbursements.
   § 18. Section 581-605 of the family court act, as added by  section  1
 of  part  L  of  chapter  56  of the laws of 2020, is amended to read as
 follows:
   § 581-605. Counseling. A person acting as surrogate has the  right  to
 [obtain] HAVE a comprehensive health insurance policy that covers behav-
 ioral health care and will cover the cost of psychological counseling to
 address  issues resulting from their participation in a surrogacy AGREE-
 MENT and such policy shall  be  paid  for  by  the  intended  parent  or
 parents.
   §  19.  Section  581-607 of the family court act is renumbered section
 581-608 and a new section 581-607 is added to read as follows:
   § 581-607. DISABILITY INSURANCE POLICY. A PERSON ACTING  AS  SURROGATE
 HAS  THE  RIGHT  TO  BE  PROVIDED A DISABILITY INSURANCE POLICY PRIOR TO
 TAKING ANY MEDICATION OR COMMENCEMENT OF MEDICAL AND SURGICAL PROCEDURES
 TO FURTHER EMBRYO TRANSFER, WHICH SHALL BE  PAID  FOR  BY  THE  INTENDED
 PARENT OR PARENTS.
   §  20.  Article  5-C of the family court act is amended by adding four
 new parts 8, 9, 10 and 11 to read as follows:
                                  PART 8
                   GAMETE DONATION MATCHED AGREEMENT AND
                     GAMETE DONATION AGENCY AGREEMENT
 SECTION 581-801. APPLICABILITY.
         581-802. GAMETE DONATION MATCHED AGREEMENT  OR  GAMETE  DONATION
                    AGENCY AGREEMENT AUTHORIZED.
         581-803. ELIGIBILITY  TO  ENTER  INTO  A GAMETE DONATION MATCHED
                    AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT.
         581-804. REQUIREMENTS OF A GAMETE DONATION MATCHED AGREEMENT  OR
                    A GAMETE DONATION AGENCY AGREEMENT.
         581-805. GAMETE  DONATION  MATCHED  AGREEMENT OR GAMETE DONATION
                    AGENCY  AGREEMENT;  EFFECT  OF   SUBSEQUENT   SPOUSAL
                    RELATIONSHIP.
         581-806. TERMINATION OF A GAMETE DONATION MATCHED AGREEMENT OR A
                    GAMETE DONATION AGENCY AGREEMENT.
         581-807. PARENTAGE  UNDER  A  COMPLIANT  GAMETE DONATION MATCHED
                    AGREEMENT  OR  A  COMPLIANT  GAMETE  DONATION  AGENCY
                    AGREEMENT.
         581-808. DISPUTE  AS TO A GAMETE DONATION MATCHED AGREEMENT OR A
                    GAMETE DONATION AGENCY AGREEMENT.
   § 581-801. APPLICABILITY. THE PROVISIONS ENUMERATED IN THIS PART SHALL
 APPLY TO:
   (A) A GAMETE DONATION MATCHED AGREEMENT BETWEEN A GAMETE DONOR AND  AN
 INTENDED  PARENT OR PARENTS. THE GAMETE DONOR AND/OR THE INTENDED PARENT
 OR PARENTS IS LOCATED IN OR IS A RESIDENT OF NEW YORK STATE; AND
   (B) A GAMETE DONATION AGENCY AGREEMENT BETWEEN:
   (1) A GAMETE DONOR LOCATED IN, OR WHO IS A RESIDENT OF NEW YORK STATE;
 OR
 S. 7749                            20
 
   (2) AN INTENDED PARENT OR PARENTS LOCATED IN, OR WHO ARE RESIDENTS  OF
 NEW YORK STATE THAT RECEIVE FRESH OR FROZEN GAMETES; AND
   (3) AN AGENT, GAMETE AGENCY, GAMETE BROKER, SURROGACY PROGRAM, FERTIL-
 ITY  CLINIC,  OR  HEALTH  CARE PROVIDER, HEREINAFTER REFERRED TO IN THIS
 PART AS AN "ENTITY".
   § 581-802. GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY
 AGREEMENT AUTHORIZED. IF ELIGIBLE UNDER THIS ARTICLE  TO  ENTER  INTO  A
 GAMETE DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT:
   (A)  A GAMETE DONOR AND AN INTENDED PARENT OR PARENTS MAY ENTER INTO A
 GAMETE DONATION MATCHED AGREEMENT WHICH WILL BE ENFORCEABLE PROVIDED THE
 GAMETE DONATION MATCHED AGREEMENT MEETS THE REQUIREMENTS OF  THIS  ARTI-
 CLE;
   (B)  A  GAMETE DONOR OR AN INTENDED PARENT OR PARENTS MAY ENTER INTO A
 GAMETE DONATION AGENCY AGREEMENT WITH AN ENTITY WHICH WILL BE  ENFORCEA-
 BLE PROVIDED THE GAMETE DONATION AGENCY AGREEMENT MEETS THE REQUIREMENTS
 OF THIS ARTICLE.
   §  581-803. ELIGIBILITY TO ENTER INTO A GAMETE DONATION MATCHED AGREE-
 MENT OR A GAMETE DONATION AGENCY AGREEMENT. (A) AN EGG  DONOR  SHALL  BE
 ELIGIBLE  TO ENTER INTO AN ENFORCEABLE GAMETE DONATION MATCHED AGREEMENT
 OR A GAMETE DONATION AGENCY AGREEMENT UNDER  THIS  ARTICLE  IF  THE  EGG
 DONOR  HAS  MET ALL OF THE FOLLOWING REQUIREMENTS AT THE TIME THE AGREE-
 MENT IS EXECUTED:
   (1) THE EGG DONOR MUST BE AT LEAST TWENTY-ONE YEARS OF AGE AND NO MORE
 THAN THIRTY YEARS OF AGE, UNLESS THE ENTITY REQUIRES A MAXIMUM AGE  THAT
 IS LESS THAN THIRTY;
   (2) THE EGG DONOR MAY ONLY ENTER INTO A GAMETE DONATION MATCHED AGREE-
 MENT  OR  A  GAMETE  DONATION  AGENCY  AGREEMENT  WHERE  THE ENTITY THAT
 COLLECTS THE DONOR'S GAMETES AND PROVIDES MATCHING SERVICES, IF APPLICA-
 BLE, IS LICENSED AND REGISTERED BY NEW YORK STATE;
   (3) FEWER THAN TEN DONOR-CONCEIVED  INDIVIDUALS  THAT  WERE  CONCEIVED
 USING  THE  DONOR  GAMETES  OF  THE EGG DONOR HAVE BEEN BORN IN NEW YORK
 STATE, PROVIDED THAT THIS NUMBER SHALL NOT INCLUDE THE EGG  DONOR'S  OWN
 BIOLOGICAL CHILDREN;
   (4)  THE  EGG  DONOR  HAS  GIVEN INFORMED MEDICAL AND LEGAL CONSENT TO
 ENTER INTO THE GAMETE DONATION MATCHED AGREEMENT OR THE GAMETE  DONATION
 AGENCY AGREEMENT AFTER COMPLETING THE INFORMED MEDICAL AND LEGAL CONSENT
 PROCEDURES PURSUANT TO PART TEN OF THIS ARTICLE;
   (5)  THE  EGG  DONOR HAS OBTAINED WRITTEN MEDICAL CLEARANCE TO UNDERGO
 OVARIAN STIMULATION AND OOCYTE  RETRIEVAL  AFTER  COMPLETING  A  MEDICAL
 EVALUATION  AND  PSYCHOLOGICAL  SCREENING  WITH  INDEPENDENT HEALTH CARE
 PRACTITIONERS LICENSED UNDER TITLE EIGHT OF THE EDUCATION  LAW  RELATING
 TO THE ANTICIPATED GAMETE DONATION. THE DEPARTMENT SHALL MAINTAIN A LIST
 OF INDEPENDENT HEALTH CARE PROVIDERS;
   (6) THE EGG DONOR SHALL NOT OBTAIN WRITTEN MEDICAL CLEARANCE TO UNDER-
 GO  OVARIAN  STIMULATION  AND  OOCYTE RETRIEVAL IF THEY HAVE ANY MEDICAL
 CONDITIONS INDICATED BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND  GYNE-
 COLOGISTS (ACOG) THAT PLACE INDIVIDUALS AT RISK OF OVARIAN HYPERSTIMULA-
 TION, IF THEY HAVE ANY RELEVANT COMMUNICABLE DISEASE AGENTS AND DISEASES
 SPECIFIED  BY  THE U.S. FOOD AND DRUG ADMINISTRATION, OR IF THEY ARE NOT
 ELIGIBLE TO DONATE GAMETES PURSUANT TO REGULATIONS OF THE DEPARTMENT  OF
 HEALTH AS SET FORTH IN 10 NYCRR 52-8.5 AND 52-3.4;
   (7)  THE  EGG  DONOR  IS  NOT ELIGIBLE TO ENTER INTO A GAMETE DONATION
 MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT IF THE EGG DONOR
 HAS PREVIOUSLY UNDERGONE OVARIAN STIMULATION SIX TIMES OR MORE,  INCLUD-
 ING  FOR  PURPOSES  OF EGG FREEZING, OR IF THE EGG DONOR HAS EXPERIENCED
 S. 7749                            21
 
 OVARIAN HYPERSTIMULATION SYNDROME (OHSS),  POLYCYSTIC  OVARIAN  SYNDROME
 (PCOS), OR ENDOMETRIOSIS;
   (8)  IF AN EGG DONOR IS ENTERING INTO A GAMETE DONATION MATCHED AGREE-
 MENT OR A GAMETE DONATION AGENCY AGREEMENT PRIOR TO THE  EFFECTIVE  DATE
 OF  SECTION  FOURTEEN  HUNDRED FIVE OF THE GENERAL BUSINESS LAW, THE EGG
 DONOR WAS COUNSELED ON THEIR OPTIONS REGARDING IDENTITY DISCLOSURE UNDER
 SECTION FOURTEEN HUNDRED SEVEN OF  THE  GENERAL  BUSINESS  LAW  AND  HAS
 CERTIFIED  IN A SIGNED RECORD WHETHER THEY AGREE TO DONATE GAMETES AS AN
 IDENTIFIED OR NONIDENTIFIED GAMETE DONOR AFTER COMPLETING  THE  INFORMED
 MEDICAL  AND LEGAL CONSENT PROCEDURES PURSUANT TO PART TEN OF THIS ARTI-
 CLE. IF AN EGG DONOR IS ENTERING INTO A GAMETE DONATION  MATCHED  AGREE-
 MENT  OR  A GAMETE DONATION AGENCY AGREEMENT AFTER THE EFFECTIVE DATE OF
 SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL BUSINESS LAW, THE EGG DONOR
 WAS COUNSELED ON  THEIR  OPTIONS  REGARDING  IDENTITY  DISCLOSURE  UNDER
 SECTION  FOURTEEN  HUNDRED  SEVEN  OF  THE  GENERAL BUSINESS LAW AND HAS
 CERTIFIED IN A SIGNED RECORD THAT THEY AGREE TO  DONATE  GAMETES  AS  AN
 IDENTIFIED  GAMETE DONOR AFTER COMPLETING THE INFORMED MEDICAL AND LEGAL
 CONSENT PROCEDURES PURSUANT TO PART TEN OF THIS ARTICLE; AND
   (9) THE EGG DONOR HAS REGISTERED WITH  THE  CENTRAL  ASSISTED  REPROD-
 UCTION REGISTRY.
   (B)  A  SPERM  DONOR  SHALL  BE  ELIGIBLE TO ENTER INTO AN ENFORCEABLE
 GAMETE DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY  AGREEMENT
 UNDER  THIS  ARTICLE  IF  THE  SPERM  DONOR HAS MET ALL OF THE FOLLOWING
 REQUIREMENTS AT THE TIME THE AGREEMENT IS EXECUTED:
   (1) A SPERM DONOR MUST BE AT LEAST TWENTY-ONE YEARS  OF  AGE,  AND  NO
 MORE  THAN  FORTY YEARS OF AGE, UNLESS THE ENTITY REQUIRES A MAXIMUM AGE
 THAT IS LESS THAN FORTY YEARS OF AGE;
   (2) A SPERM DONOR MAY ONLY ENTER INTO A GAMETE DONATION MATCHED AGREE-
 MENT OR A  GAMETE  DONATION  AGENCY  AGREEMENT  WHERE  THE  ENTITY  THAT
 COLLECTS THE DONOR'S GAMETES AND PROVIDES MATCHING SERVICES, IF APPLICA-
 BLE, IS LICENSED AND REGISTERED BY NEW YORK STATE;
   (3)  FEWER  THAN  TEN  DONOR-CONCEIVED INDIVIDUALS THAT WERE CONCEIVED
 USING THE DONOR GAMETES OF THE SPERM DONOR HAVE BEEN BORN  IN  NEW  YORK
 STATE,  PROVIDED  THAT THIS NUMBER SHALL NOT INCLUDE A SPERM DONOR'S OWN
 BIOLOGICAL CHILDREN;
   (4) A SPERM DONOR PROVIDED INFORMED MEDICAL AND LEGAL CONSENT TO ENTER
 INTO THE GAMETE DONATION MATCHED AGREEMENT OR THE GAMETE DONATION AGENCY
 AGREEMENT AFTER COMPLETING THE INFORMED MEDICAL AND LEGAL CONSENT PROCE-
 DURES PURSUANT TO PART TEN OF THIS ARTICLE;
   (5) A SPERM DONOR HAS OBTAINED WRITTEN MEDICAL  CLEARANCE  TO  PRODUCE
 THEIR  GAMETES  FOR  USE  IN  ASSISTED  REPRODUCTION  AFTER COMPLETING A
 MEDICAL EVALUATION AND A PSYCHOLOGICAL SCREENING WITH INDEPENDENT HEALTH
 CARE PRACTITIONERS LICENSED UNDER  TITLE  EIGHT  OF  THE  EDUCATION  LAW
 RELATING  TO THE ANTICIPATED GAMETE DONATION. THE DEPARTMENT SHALL MAIN-
 TAIN A LIST OF INDEPENDENT HEALTH CARE PROVIDERS;
   (6) A SPERM DONOR SHALL NOT OBTAIN WRITTEN MEDICAL  CLEARANCE  IF  THE
 SPERM  DONOR  HAS  ANY RELEVANT COMMUNICABLE DISEASE AGENTS AND DISEASES
 SPECIFIED BY THE U.S. FOOD AND DRUG ADMINISTRATION, OR IF THEY  ARE  NOT
 ELIGIBLE  PURSUANT  TO  REGULATIONS  OF  THE DEPARTMENT OF HEALTH AS SET
 FORTH IN 10 NYCRR 52-8.5 AND 52-3.4;
   (7) IF A SPERM DONOR IS ENTERING INTO A GAMETE DONATION MATCHED AGREE-
 MENT OR A GAMETE DONATION AGENCY AGREEMENT PRIOR TO THE  EFFECTIVE  DATE
 OF  SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL BUSINESS LAW, THE SPERM
 DONOR WAS COUNSELED ON THEIR OPTIONS REGARDING IDENTITY DISCLOSURE UNDER
 SECTION FOURTEEN HUNDRED SEVEN OF  THE  GENERAL  BUSINESS  LAW  AND  HAS
 CERTIFIED  IN A SIGNED RECORD WHETHER THEY AGREE TO DONATE GAMETES AS AN
 S. 7749                            22
 
 IDENTIFIED OR NONIDENTIFIED GAMETE DONOR AFTER COMPLETING  THE  INFORMED
 MEDICAL  AND LEGAL CONSENT PROCEDURES PURSUANT TO PART TEN OF THIS ARTI-
 CLE. IF A SPERM DONOR IS ENTERING INTO A GAMETE DONATION MATCHED  AGREE-
 MENT  OR  A GAMETE DONATION AGENCY AGREEMENT AFTER THE EFFECTIVE DATE OF
 SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL  BUSINESS  LAW,  THE  SPERM
 DONOR WAS COUNSELED ON THEIR OPTIONS REGARDING IDENTITY DISCLOSURE UNDER
 SECTION  FOURTEEN  HUNDRED  SEVEN  OF  THE  GENERAL BUSINESS LAW AND HAS
 CERTIFIED IN A SIGNED RECORD THAT THEY AGREE TO  DONATE  GAMETES  AS  AN
 IDENTIFIED  GAMETE DONOR AFTER COMPLETING THE INFORMED MEDICAL AND LEGAL
 CONSENT PROCEDURES PURSUANT TO PART TEN OF THIS ARTICLE; AND
   (8) THE SPERM DONOR REGISTERED WITH THE CENTRAL ASSISTED  REPRODUCTION
 REGISTRY.
   (C)  AN  INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
 ENFORCEABLE GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION  AGENCY
 AGREEMENT  IF THE INTENDED PARENT OR PARENTS HAVE MET ALL OF THE FOLLOW-
 ING REQUIREMENTS AT THE TIME THE AGREEMENT IS EXECUTED:
   (1) THE INTENDED PARENT OR PARENTS HAVE  GIVEN  INFORMED  MEDICAL  AND
 LEGAL CONSENT TO ENTER INTO THE GAMETE DONATION MATCHED AGREEMENT OR THE
 GAMETE  DONATION  AGENCY AGREEMENT AFTER COMPLETING THE INFORMED MEDICAL
 AND LEGAL CONSENT PROCEDURES PURSUANT TO PART TEN OF THIS ARTICLE;
   (2) AN INTENDED PARENT  OR  PARENTS  MAY  ONLY  ENTER  INTO  A  GAMETE
 DONATION  MATCHED  AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT WHERE
 THE ENTITY THAT COLLECTS  THE  DONOR'S  GAMETES  AND  PROVIDES  MATCHING
 SERVICES, IF APPLICABLE, IS LICENSED AND REGISTERED BY NEW YORK STATE;
   (3)  IF  AN  INTENDED  PARENT  OR  PARENTS  ARE ENTERING INTO A GAMETE
 DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY  AGREEMENT  PRIOR
 TO  THE  EFFECTIVE  DATE OF SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL
 BUSINESS LAW, THE INTENDED PARENT  OR  PARENTS  WERE  COUNSELED  ON  THE
 OPTIONS  REGARDING  IDENTITY DISCLOSURE OF GAMETE DONORS AND INFORMATION
 THAT A DONOR-CONCEIVED PERSON, OR THE PARENT OR LEGAL GUARDIAN, HAS  THE
 RIGHT TO OBTAIN UPON REQUEST UNDER SECTION FOURTEEN HUNDRED SEVEN OF THE
 GENERAL BUSINESS LAW. IF AN INTENDED PARENT OR PARENTS ARE ENTERING INTO
 A  GAMETE  DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREE-
 MENT AFTER THE THE EFFECTIVE DATE OF SECTION FOURTEEN  HUNDRED  FIVE  OF
 THE  GENERAL BUSINESS LAW, THE INTENDED PARENT OR PARENTS WERE COUNSELED
 THAT NONIDENTIFIED DONATION IS NOT PERMITTED AND ON THE INFORMATION THAT
 DONOR-CONCEIVED INDIVIDUALS, OR THE PARENT OR LEGAL  GUARDIAN,  HAS  THE
 RIGHT TO OBTAIN UPON REQUEST UNDER SECTION FOURTEEN HUNDRED SEVEN OF THE
 GENERAL BUSINESS LAW.
   §  581-804.  REQUIREMENTS  OF A GAMETE DONATION MATCHED AGREEMENT OR A
 GAMETE DONATION AGENCY AGREEMENT. A GAMETE DONATION MATCHED AGREEMENT OR
 A GAMETE DONATION AGENCY AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED THE
 REQUIREMENTS OF THIS ARTICLE AND BE ENFORCEABLE IF IT MEETS ALL  OF  THE
 FOLLOWING REQUIREMENTS:
   (A)  IT  SHALL  BE  IN  A  RECORD  SIGNED BY THE GAMETE DONOR AND EACH
 INTENDED PARENT, IF APPLICABLE:
   (1) BEFORE A NOTARY PUBLIC; OR
   (2) BEFORE TWO  WITNESSES  WHO  ARE  NOT  PARTIES  TO  THE  AGREEMENT;
 PROVIDED  THAT  IF THE RECORD IS SIGNED BEFORE TWO WITNESSES WHO ARE NOT
 THE INTENDED PARENTS, THE NAME, PHONE NUMBER, EMAIL ADDRESS, AND MAILING
 ADDRESS OF EACH WITNESS MUST BE RECORDED.
   (B) IT SHALL BE EXECUTED BY A GAMETE DONOR  WHO  MET  THE  ELIGIBILITY
 REQUIREMENTS OF SUBDIVISION (A) OR (B) OF SECTION 581-803 OF THIS PART;
   (C) IT SHALL BE EXECUTED BY AN INTENDED PARENT OR PARENTS, IF APPLICA-
 BLE,  WHO MET THE ELIGIBILITY REQUIREMENTS OF SUBDIVISION (C) OF SECTION
 581-803 OF THIS PART.
 S. 7749                            23
 
   (D) THE GAMETE DONOR WAS PROVIDED THE OPTION TO CONSULT WITH AN  INDE-
 PENDENT  LEGAL COUNSEL OF THEIR OWN CHOOSING WHO IS LICENSED TO PRACTICE
 IN THE STATE OF NEW YORK, TO BE PAID FOR BY THE ENTITY.  IF  THE  GAMETE
 DONOR  OPTED  TO CONSULT WITH LEGAL COUNSEL, THEY HAVE HAD THE CONSULTA-
 TION  PRIOR  TO  EXECUTING  THE GAMETE DONATION MATCHED AGREEMENT OR THE
 GAMETE DONATION AGENCY AGREEMENT.
   (E) IF AN EGG DONOR IS ENTERING INTO A GAMETE DONATION MATCHED  AGREE-
 MENT  OR  A  GAMETE  DONATION  AGENCY  AGREEMENT, THE AGREEMENT SHALL BE
 EXECUTED PRIOR TO THE EGG DONOR TAKING ANY MEDICATION OR COMMENCEMENT OF
 MEDICAL PROCEDURES IN THE FURTHERANCE OF OVARIAN STIMULATION AND  OOCYTE
 RETRIEVAL.
   (F) IT SHALL INCLUDE THE FOLLOWING INFORMATION:
   (1) THE DATE, CITY, AND STATE WHERE THE GAMETE DONATION MATCHED AGREE-
 MENT OR THE GAMETE DONATION AGENCY AGREEMENT WAS EXECUTED;
   (2)  THE FIRST AND LAST NAME OF AND CONTACT INFORMATION FOR THE GAMETE
 DONOR, AND WHETHER THE GAMETES PROVIDED ARE EGGS, SPERM, OR EMBRYOS;
   (3) THE FIRST AND  LAST  NAME  OF  AND  CONTACT  INFORMATION  FOR  THE
 INTENDED PARENT OR PARENTS IF APPLICABLE;
   (4)  THE  NAME OF AND CONTACT INFORMATION FOR THE ENTITY THAT PROVIDED
 MATCHING SERVICES, IF APPLICABLE, AND COLLECTED THE DONOR GAMETES; AND
   (5) THE AMOUNT OF COMPENSATION THAT THE GAMETE DONOR SHALL RECEIVE FOR
 THEIR TIME AND EFFORT TO PRODUCE EGGS OR SPERM.
   (G) THE GAMETE DONATION MATCHED AGREEMENT OR THE GAMETE DONATION AGEN-
 CY AGREEMENT MUST COMPLY WITH ALL OF THE FOLLOWING TERMS:
   (1) AS TO THE EGG DONOR, IF APPLICABLE:
   (I) THE GAMETE DONATION MATCHED AGREEMENT OR THE GAMETE DONATION AGEN-
 CY AGREEMENT MUST INCLUDE SIGNED CERTIFICATION BY  THE  EGG  DONOR  THAT
 THEY  HAVE  COMPLETED  THE INFORMED MEDICAL AND LEGAL CONSENT PROCEDURES
 PURSUANT TO PART TEN OF THIS ARTICLE AND HAVE PROVIDED INFORMED  MEDICAL
 AND LEGAL CONSENT TO ENTER INTO THE GAMETE DONATION MATCHED AGREEMENT OR
 GAMETE DONATION AGENCY AGREEMENT;
   (II)  THE  GAMETE  DONATION  MATCHED  AGREEMENT OR THE GAMETE DONATION
 AGENCY AGREEMENT MUST INCLUDE SIGNED  CERTIFICATION  INDICATING  WHETHER
 THE  EGG  DONOR AUTHORIZES USE OF THE EGGS THEY ARE DONATING, OR EMBRYOS
 CREATED FROM THE DONATED EGGS, FOR RESEARCH AT ANY TIME;
   (III) THE GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION  AGENCY
 AGREEMENT  MUST  INCLUDE SIGNED CERTIFICATION INDICATING WHETHER THE EGG
 DONOR AUTHORIZES DISTRIBUTION OF THE EGGS THEY ARE DONATING, OR  EMBRYOS
 CREATED FROM THE DONATED EGGS, TO MULTIPLE INTENDED PARENTS IN DIFFERENT
 HOUSEHOLDS;
   (IV)  THE  EGG  DONOR AGREES TO UNDERGO OVARIAN STIMULATION AND OOCYTE
 RETRIEVAL AND ATTEMPT TO PRODUCE EGGS FOR USE IN ASSISTED  REPRODUCTION,
 SUBJECT TO THEIR RIGHT TO CANCEL AN EGG RETRIEVAL CYCLE OR TERMINATE THE
 GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY AGREEMENT AT
 ANY TIME;
   (V) THE EGG DONOR HAS CERTIFIED THAT THEY HAVE NO PARENTAL OR PROPRIE-
 TARY  INTEREST  IN  THE  EGGS PROVIDED UNDER THE GAMETE DONATION MATCHED
 AGREEMENT OR GAMETE DONATION AGENCY AGREEMENT;
   (VI) THE GAMETE DONATION MATCHED AGREEMENT OR GAMETE  DONATION  AGENCY
 AGREEMENT  MUST  PROVIDE FOR THE RIGHT OF THE EGG DONOR TO EXERCISE SOLE
 DISCRETION OVER DECISIONS REGARDING THEIR BEHAVIOR, OTHER THAN BEHAVIORS
 THAT WOULD HARM THEIR HEALTH, AND TO MAKE ALL DECISIONS REGARDING  THEIR
 HEALTH AND WELFARE, INCLUDING THE AMOUNT OF TIME THAT TRANSPIRES BETWEEN
 EGG  RETRIEVAL  CYCLES  AND GAMETE DONATION MATCHED AGREEMENTS OR GAMETE
 DONATION AGENCY AGREEMENTS AND WHETHER TO CANCEL AN EGG RETRIEVAL  CYCLE
 S. 7749                            24
 
 OR  TERMINATE  A  GAMETE  DONATION  MATCHED AGREEMENT OR GAMETE DONATION
 AGENCY AGREEMENT AT ANY TIME;
   (VII)  THE GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY
 AGREEMENT MUST PROVIDE  THAT  THE  ENTITY  OR  THE  INTENDED  PARENT  OR
 PARENTS,  IF  APPLICABLE,  SHALL  PAY FOR A HEALTH INSURANCE POLICY THAT
 COVERS MAJOR MEDICAL TREATMENT, HOSPITALIZATION, AND  BEHAVIORAL  HEALTH
 CARE  FOR THE EGG DONOR, AND THE HEALTH INSURANCE POLICY HAS A TERM THAT
 BEGINS BEFORE THE EGG DONOR STARTS TAKING ANY MEDICATION OR COMMENCEMENT
 OF MEDICAL AND SURGICAL PROCEDURES IN FURTHERANCE OF OVARIAN STIMULATION
 AND  OOCYTE  RETRIEVAL  AND  EXTENDS  FOR  TWELVE  MONTHS  AFTER  OOCYTE
 RETRIEVAL  IS  COMPLETED.  IF  THE EGG DONOR DOES NOT HAVE SUCH A HEALTH
 INSURANCE POLICY, ONE MAY BE PURCHASED PURSUANT TO SECTION THREE HUNDRED
 SIXTY-FIVE-P OF THE SOCIAL SERVICES LAW ONCE THE GAMETE DONATION MATCHED
 AGREEMENT OR THE GAMETE DONATION AGENCY AGREEMENT HAS BEEN EXECUTED. THE
 ENTITY OR THE INTENDED PARENT OR PARENTS SHALL ALSO PAY FOR OR REIMBURSE
 THE EGG DONOR FOR ALL CO-PAYMENTS, DEDUCTIBLES  AND  ANY  OTHER  OUT-OF-
 POCKET   MEDICAL  COSTS  ASSOCIATED  WITH  OVARIAN  STIMULATION,  OOCYTE
 RETRIEVAL,  AND  MEDICAL  OR  PSYCHOLOGICAL  COMPLICATIONS  THAT  ACCRUE
 THROUGH TWELVE MONTHS AFTER OOCYTE RETRIEVAL IS COMPLETED;
   (VIII) THE GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY
 AGREEMENT  SHALL  PROVIDE FOR THE EGG DONOR TO OBTAIN A HEALTH INSURANCE
 POLICY THAT COVERS MAJOR MEDICAL TREATMENT, HOSPITALIZATION, AND  BEHAV-
 IORAL HEALTH CARE AND WILL COVER THE COST OF PSYCHOLOGICAL COUNSELING TO
 ADDRESS  ISSUES  RESULTING  FROM THE DONOR'S PARTICIPATION IN THE GAMETE
 DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY AGREEMENT,  INCLUD-
 ING,  BUT  NOT LIMITED TO, COUNSELING FOLLOWING THE GAMETE DONATION. THE
 POLICY SHALL BE PAID FOR  BY  THE  ENTITY  OR  THE  INTENDED  PARENT  OR
 PARENTS, IF APPLICABLE;
   (IX)  THE  GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY
 AGREEMENT MAY NOT INCLUDE MORE THAN ONE CYCLE OF OOCYTE  RETRIEVAL,  AND
 MAY  NOT  REQUIRE  THE EGG DONOR TO SIGN ANOTHER GAMETE DONATION MATCHED
 AGREEMENT OR GAMETE DONATION AGENCY AGREEMENT UNTIL A MINIMUM  OF  THREE
 MONTHS HAS PASSED FOLLOWING FULFILLMENT OF THE CURRENT AGREEMENT;
   (X)  THE  EGG  DONOR HAS BEEN SHOWN THE ENTITY'S COMPENSATION LIST FOR
 GAMETE DONATION THAT IS MADE AVAILABLE TO THE GENERAL PUBLIC;
   (XI) IF AN EGG DONOR IS ENTERING INTO A GAMETE DONATION MATCHED AGREE-
 MENT OR A GAMETE DONATION AGENCY AGREEMENT PRIOR TO THE  EFFECTIVE  DATE
 OF SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL BUSINESS LAW, THE AGREE-
 MENT  MUST  INCLUDE THE EGG DONOR'S SIGNED CERTIFICATION THAT THEY AGREE
 TO PROVIDE DONOR GAMETES ON AN IDENTIFIED OR NONIDENTIFIED BASIS.  IF AN
 EGG DONOR IS ENTERING INTO A GAMETE DONATION MATCHED AGREEMENT OR GAMETE
 DONATION AGENCY AGREEMENT AFTER THE EFFECTIVE DATE OF  SECTION  FOURTEEN
 HUNDRED FIVE OF THE GENERAL BUSINESS LAW, THE AGREEMENT MUST INCLUDE THE
 EGG DONOR'S SIGNED CERTIFICATION THAT THEY AGREE TO IDENTIFIED DONATION;
 AND
   (XII)  DONOR  SCREENING,  OVARIAN  STIMULATION,  OOCYTE RETRIEVAL, AND
 OTHER MEDICAL SERVICES THAT ARE RECEIVED PURSUANT TO  THE  GAMETE  DONOR
 MATCHED  AGREEMENT OR THE GAMETE DONOR AGENCY AGREEMENT MUST BE PROVIDED
 BY HEALTH CARE PROVIDERS LICENSED UNDER TITLE  EIGHT  OF  THE  EDUCATION
 LAW.
   (2) AS TO THE SPERM DONOR, IF APPLICABLE:
   (I)  THE  GAMETE  DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY
 AGREEMENT MUST INCLUDE SIGNED CERTIFICATION BY THE SPERM DONOR THAT THEY
 HAVE COMPLETED THE INFORMED MEDICAL AND LEGAL CONSENT PROCEDURES  PURSU-
 ANT  TO  PART TEN OF THIS ARTICLE AND HAVE PROVIDED INFORMED MEDICAL AND
 S. 7749                            25
 
 LEGAL CONSENT TO ENTER INTO THE GAMETE  DONATION  MATCHED  AGREEMENT  OR
 GAMETE DONATION AGENCY AGREEMENT;
   (II)  THE  SPERM  DONOR  AGREES TO ATTEMPT TO PRODUCE SPERM FOR USE IN
 ASSISTED REPRODUCTION, SUBJECT TO THEIR RIGHT TO STOP DONATING SPERM AND
 TO TERMINATE THE GAMETE DONATION MATCHED AGREEMENT  OR  GAMETE  DONATION
 AGENCY AGREEMENT AT ANY TIME;
   (III)  THE  SPERM  DONOR  HAS  CERTIFIED THAT THEY HAVE NO PARENTAL OR
 PROPRIETARY INTEREST IN THE SPERM PROVIDED  UNDER  THE  GAMETE  DONATION
 MATCHED AGREEMENT OR GAMETE DONATION AGENCY AGREEMENT;
   (IV)  THE  GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY
 AGREEMENT MUST PERMIT THE SPERM DONOR TO MAKE  ALL  HEALTH  AND  WELFARE
 DECISIONS  REGARDING  THEMSELF, INCLUDING WHETHER TO STOP DONATING SPERM
 AND TO TERMINATE  A  GAMETE  DONATION  MATCHED  AGREEMENT  OR  A  GAMETE
 DONATION AGENCY AGREEMENT AT ANY TIME;
   (V)  THE SPERM DONOR HAS BEEN SHOWN THE ENTITY'S COMPENSATION LIST FOR
 GAMETE DONATION THAT IS MADE AVAILABLE TO THE GENERAL PUBLIC;
   (VI) THE GAMETE DONATION MATCHED  AGREEMENT  OR  THE  GAMETE  DONATION
 AGENCY  AGREEMENT  MUST  INCLUDE SIGNED CERTIFICATION INDICATING WHETHER
 THE SPERM DONOR AUTHORIZES USE OF THE SPERM THEY ARE DONATING, OR  EMBR-
 YOS CREATED FROM THE DONATED SPERM, FOR RESEARCH AT ANY TIME;
   (VII)  IF  A  SPERM  DONOR  IS ENTERING INTO A GAMETE DONATION MATCHED
 AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT PRIOR TO  THE  EFFECTIVE
 DATE  OF  SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL BUSINESS LAW, THE
 AGREEMENT MUST INCLUDE THE SPERM DONOR'S SIGNED CERTIFICATION THAT  THEY
 AGREE  TO PROVIDE DONOR GAMETES ON AN IDENTIFIED OR NONIDENTIFIED BASIS.
 IF A SPERM DONOR IS ENTERING INTO A GAMETE DONATION MATCHED AGREEMENT OR
 GAMETE DONATION AGENCY AGREEMENT AFTER THE  EFFECTIVE  DATE  OF  SECTION
 FOURTEEN  HUNDRED  FIVE  OF THE GENERAL BUSINESS LAW, THE AGREEMENT MUST
 INCLUDE THE SPERM DONOR'S SIGNED CERTIFICATION THAT THEY AGREE TO  IDEN-
 TIFIED DONATION; AND
   (VIII)  DONOR  SCREENING  AND OTHER MEDICAL SERVICES THAT ARE REQUIRED
 UNDER THE GAMETE DONOR MATCHED AGREEMENT  OR  THE  GAMETE  DONOR  AGENCY
 AGREEMENT MUST BE PROVIDED BY HEALTH CARE PROVIDERS LICENSED UNDER TITLE
 EIGHT OF THE EDUCATION LAW.
   (3) AS TO THE INTENDED PARENT OR PARENTS, IF APPLICABLE:
   (I) THE GAMETE DONATION MATCHED AGREEMENT OR THE GAMETE DONATION AGEN-
 CY  AGREEMENT  MUST  INCLUDE  CERTIFICATION BY EACH INTENDED PARENT THAT
 THEY HAVE COMPLETED THE INFORMED MEDICAL AND  LEGAL  CONSENT  PROCEDURES
 PURSUANT  TO PART TEN OF THIS ARTICLE AND HAVE PROVIDED INFORMED MEDICAL
 AND LEGAL CONSENT TO ENTER INTO THE GAMETE DONATION MATCHED AGREEMENT OR
 THE GAMETE DONATION AGENCY AGREEMENT; AND
   (II) THE INTENDED PARENT OR PARENTS AGREE TO  ACCEPT  PARENTAL  RIGHTS
 AND RESPONSIBILITY OF ALL RESULTING DONOR-CONCEIVED CHILDREN, REGARDLESS
 OF  NUMBER,  GENDER, OR MENTAL OR PHYSICAL CONDITION WITHOUT DIMINISHING
 THE RIGHTS, IF ANY, OF ANYONE  CLAIMING  TO  HAVE  A  SUPERIOR  PARENTAL
 INTEREST IN THE CHILD.
   § 581-805. GAMETE DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY
 AGREEMENT;   EFFECT   OF  SUBSEQUENT  SPOUSAL  RELATIONSHIP.  AFTER  THE
 EXECUTION OF A GAMETE DONATION MATCHED AGREEMENT OR  A  GAMETE  DONATION
 AGENCY  AGREEMENT  UNDER  THIS  ARTICLE,  THE  SUBSEQUENT  SEPARATION OR
 DIVORCE OF THE INTENDED PARENTS DOES NOT AFFECT THE RIGHTS,  DUTIES  AND
 RESPONSIBILITIES  OF  THE  INTENDED  PARENTS  AS  OUTLINED IN THE GAMETE
 DONATION MATCHED AGREEMENT OR GAMETE DONATION AGENCY AGREEMENT.
   § 581-806. TERMINATION OF A GAMETE DONATION  MATCHED  AGREEMENT  OR  A
 GAMETE  DONATION  AGENCY  AGREEMENT.  (A) RIGHT TO TERMINATE.   A GAMETE
 DONOR HAS THE RIGHT TO TERMINATE A GAMETE DONATION MATCHED AGREEMENT  OR
 S. 7749                            26

 A GAMETE DONATION AGENCY AGREEMENT AT ANY TIME, AND AN EGG DONOR HAS THE
 RIGHT TO CANCEL AN EGG RETRIEVAL CYCLE AT ANY TIME.
   (B)  TERMINATION  OF  A GAMETE DONATION MATCHED AGREEMENT.  (1) AN EGG
 DONOR OR THE INTENDED PARENT OR PARENTS MAY TERMINATE A GAMETE  DONATION
 MATCHED  AGREEMENT  WITHOUT  PENALTY AND WITHOUT BEING REQUIRED TO REIM-
 BURSE DONOR SCREENING COSTS AFTER THE AGREEMENT HAS  BEEN  EXECUTED  AND
 BEFORE  THE EGG DONOR HAS STARTED TAKING MEDICATION OR COMMENCED MEDICAL
 PROCEDURES TO FURTHER OVARIAN STIMULATION AND OOCYTE RETRIEVAL.
   (2) AN EGG DONOR MAY TERMINATE THE GAMETE DONATION  MATCHED  AGREEMENT
 AT  ANY  TIME  WITHOUT  PENALTY  AND WITHOUT BEING REQUIRED TO REIMBURSE
 DONOR SCREENING, MEDICATION, OR MEDICAL PROCEDURE COSTS DUE TO  CHANGING
 THEIR  MIND ABOUT DONATING THEIR GAMETES, PROVIDED THAT IF THE EGG DONOR
 TERMINATES THE GAMETE DONATION MATCHED AGREEMENT AFTER THEY HAVE STARTED
 TAKING MEDICATION OR COMMENCED MEDICAL  PROCEDURES  TO  FURTHER  OVARIAN
 STIMULATION  AND  OOCYTE  RETRIEVAL, THE EGG DONOR IS REQUIRED TO RETURN
 ANY FINANCIAL COMPENSATION RECEIVED. THE  EGG  DONOR  SHALL  RETAIN  THE
 HEALTH INSURANCE POLICY OBTAINED UNDER THE TERMS OF THE AGREEMENT.
   (3)  AN  EGG DONOR MAY TERMINATE THE GAMETE DONATION MATCHED AGREEMENT
 AT ANY TIME WITHOUT PENALTY AND  WITHOUT  BEING  REQUIRED  TO  REIMBURSE
 DONOR  SCREENING,  MEDICATION, OR MEDICAL PROCEDURE COSTS DUE TO EXPERI-
 ENCING MEDICAL COMPLICATIONS VERIFIED  BY  AN  INDEPENDENT  HEALTH  CARE
 PROVIDER  LICENSED  UNDER  TITLE  EIGHT  OF THE EDUCATION LAW OF THE EGG
 DONOR'S CHOOSING, PROVIDED THAT IF THE EGG DONOR TERMINATES  THE  GAMETE
 DONATION  MATCHED AGREEMENT AFTER THEY HAVE STARTED TAKING MEDICATION OR
 COMMENCED MEDICAL PROCEDURES TO FURTHER OVARIAN STIMULATION  AND  OOCYTE
 RETRIEVAL,  THE  EGG DONOR SHALL RECEIVE PRORATED COMPENSATION FOR THEIR
 TIME AND EFFORT AND SHALL RETAIN THE HEALTH  INSURANCE  POLICY  OBTAINED
 UNDER THE TERMS OF THE AGREEMENT.
   (4) IF THE PHYSICIAN CANCELS THE EGG RETRIEVAL CYCLE OR TERMINATES THE
 GAMETE DONATION MATCHED AGREEMENT AFTER THE EGG DONOR HAS STARTED TAKING
 MEDICATION  OR  COMMENCED  MEDICAL  PROCEDURES TO FURTHER OVARIAN STIMU-
 LATION AND OOCYTE  RETRIEVAL,  THE  EGG  DONOR  SHALL  RECEIVE  PRORATED
 COMPENSATION  FOR  THEIR TIME AND EFFORT, WHICH SHALL BE PAID FOR BY THE
 ENTITY, AND THE EGG DONOR  SHALL  RETAIN  THE  HEALTH  INSURANCE  POLICY
 OBTAINED UNDER THE TERMS OF THE AGREEMENT.
   (5)  IF  THE INTENDED PARENT OR PARENTS CANCEL THE EGG RETRIEVAL CYCLE
 OR TERMINATE THE GAMETE DONATION MATCHED AGREEMENT AFTER THE  EGG  DONOR
 HAS STARTED TAKING MEDICATION OR COMMENCED MEDICAL PROCEDURES TO FURTHER
 OVARIAN  STIMULATION  AND  OOCYTE RETRIEVAL, THE EGG DONOR SHALL RECEIVE
 PRORATED COMPENSATION FOR THEIR TIME AND EFFORT, WHICH SHALL BE PAID FOR
 BY THE INTENDED PARENT OR PARENTS, AND SHALL RETAIN THE HEALTH INSURANCE
 POLICY OBTAINED UNDER THE TERMS OF THE AGREEMENT.
   (6) A SPERM DONOR MAY STOP DONATING SPERM AND MAY TERMINATE  A  GAMETE
 DONATION MATCHED AGREEMENT AT ANY TIME WITHOUT PENALTY AND WITHOUT BEING
 REQUIRED TO REIMBURSE DONOR SCREENING COSTS.
   (C) TERMINATION OF A GAMETE DONATION AGENCY AGREEMENT BETWEEN A GAMETE
 DONOR  AND  AN ENTITY.  (1) AN EGG DONOR MAY TERMINATE A GAMETE DONATION
 AGENCY AGREEMENT WITHOUT PENALTY AND WITHOUT BEING REQUIRED TO REIMBURSE
 DONOR SCREENING COSTS AFTER THE AGREEMENT HAS BEEN EXECUTED  AND  BEFORE
 THE  EGG DONOR HAS STARTED TAKING MEDICATION OR COMMENCED MEDICAL PROCE-
 DURES TO FURTHER OVARIAN STIMULATION AND OOCYTE RETRIEVAL.
   (2) AN EGG DONOR MAY TERMINATE THE GAMETE DONATION AGENCY AGREEMENT AT
 ANY TIME WITHOUT PENALTY AND WITHOUT BEING REQUIRED TO  REIMBURSE  DONOR
 SCREENING,  MEDICATION, OR MEDICAL PROCEDURE COSTS DUE TO CHANGING THEIR
 MIND ABOUT DONATING THEIR GAMETES, PROVIDED THAT IF THE EGG DONOR TERMI-
 NATES THE GAMETE DONATION  AGENCY  AGREEMENT  AFTER  THEY  HAVE  STARTED
 S. 7749                            27
 
 TAKING  MEDICATION  OR  COMMENCED  MEDICAL PROCEDURES TO FURTHER OVARIAN
 STIMULATION AND OOCYTE RETRIEVAL, THE EGG DONOR IS  REQUIRED  TO  RETURN
 ANY  FINANCIAL  COMPENSATION  RECEIVED.  THE  EGG DONOR SHALL RETAIN THE
 HEALTH INSURANCE POLICY OBTAINED UNDER THE TERMS OF THE AGREEMENT.
   (3) AN EGG DONOR MAY TERMINATE THE GAMETE DONATION AGENCY AGREEMENT AT
 ANY  TIME  WITHOUT PENALTY AND WITHOUT BEING REQUIRED TO REIMBURSE DONOR
 SCREENING, MEDICATION, OR MEDICAL PROCEDURE COSTS  DUE  TO  EXPERIENCING
 MEDICAL  COMPLICATIONS  VERIFIED  BY AN INDEPENDENT HEALTH CARE PROVIDER
 LICENSED UNDER TITLE EIGHT OF THE  EDUCATION  LAW  OF  THE  EGG  DONOR'S
 CHOOSING,  PROVIDED THAT IF THE EGG DONOR TERMINATES THE GAMETE DONATION
 AGENCY AGREEMENT AFTER THEY HAVE STARTED TAKING MEDICATION OR  COMMENCED
 MEDICAL  PROCEDURES TO FURTHER OVARIAN STIMULATION AND OOCYTE RETRIEVAL,
 THE EGG DONOR SHALL RECEIVE A PRORATED COMPENSATION FOR THEIR  TIME  AND
 EFFORT,  AND  THE  EGG  DONOR  SHALL  RETAIN THE HEALTH INSURANCE POLICY
 OBTAINED UNDER THE TERMS OF THE AGREEMENT.
   (4) IF THE PHYSICIAN CANCELS THE EGG RETRIEVAL CYCLE OR TERMINATES THE
 GAMETE DONATION AGENCY AGREEMENT AFTER THE EGG DONOR HAS STARTED  TAKING
 MEDICATION  OR  COMMENCED  MEDICAL  PROCEDURES TO FURTHER OVARIAN STIMU-
 LATION AND OOCYTE  RETRIEVAL,  THE  EGG  DONOR  SHALL  RECEIVE  PRORATED
 COMPENSATION  FOR  THEIR TIME AND EFFORT, WHICH SHALL BE PAID FOR BY THE
 ENTITY, AND THE EGG DONOR  SHALL  RETAIN  THE  HEALTH  INSURANCE  POLICY
 OBTAINED UNDER THE TERMS OF THE AGREEMENT.
   (5)  A  SPERM DONOR MAY STOP DONATING SPERM AND MAY TERMINATE A GAMETE
 DONATION AGENCY AGREEMENT AT ANY TIME WITHOUT PENALTY AND WITHOUT  BEING
 REQUIRED TO REIMBURSE DONOR SCREENING COSTS.
   (D)  TERMINATION  OF  A  GAMETE  DONATION  AGENCY AGREEMENT BETWEEN AN
 INTENDED PARENT OR PARENTS AND AN ENTITY, WHERE THE INTENDED  PARENT  OR
 PARENTS ARE RECEIVING FRESH DONOR GAMETES.  (1) IF RECEIVING FRESH DONOR
 EGGS,  THE  INTENDED  PARENT  OR PARENTS MAY TERMINATE A GAMETE DONATION
 AGENCY AGREEMENT WITHOUT PENALTY AND WITHOUT BEING REQUIRED TO REIMBURSE
 DONOR SCREENING COSTS AFTER THE AGREEMENT HAS BEEN EXECUTED  AND  BEFORE
 THE  EGG DONOR HAS STARTED TAKING MEDICATION OR COMMENCED MEDICAL PROCE-
 DURES TO FURTHER OVARIAN STIMULATION AND OOCYTE RETRIEVAL.
   (2) IF RECEIVING FRESH DONOR EGGS AND THE PHYSICIAN  CANCELS  THE  EGG
 RETRIEVAL  CYCLE OR TERMINATES THE GAMETE DONATION AGENCY AGREEMENT, THE
 INTENDED PARENT OR PARENTS  MAY  NOT  BE  REQUIRED  TO  REIMBURSE  DONOR
 SCREENING COSTS OR COMPENSATE THE EGG DONOR FOR TIME AND EFFORT.
   (3)  IF  RECEIVING FRESH DONOR EGGS AND THE INTENDED PARENT OR PARENTS
 TERMINATE THE GAMETE DONATION AGENCY AGREEMENT AFTER THE EGG  DONOR  HAS
 STARTED  TAKING  MEDICATION  OR  COMMENCED MEDICAL PROCEDURES TO FURTHER
 OVARIAN STIMULATION AND OOCYTE RETRIEVAL, THE INTENDED PARENT OR PARENTS
 MAY NOT BE REQUIRED TO REIMBURSE DONOR SCREENING COSTS.  THE  EGG  DONOR
 SHALL  RECEIVE  PRORATED  COMPENSATION  FOR THEIR TIME AND EFFORT, WHICH
 SHALL BE PAID BY THE INTENDED PARENT OR PARENTS; AND
   (4) IF RECEIVING FRESH DONOR SPERM, THE INTENDED PARENT OR PARENTS MAY
 TERMINATE A GAMETE DONATION AGENCY AGREEMENT WITHOUT PENALTY AND WITHOUT
 BEING REQUIRED TO REIMBURSE DONOR SCREENING COSTS; AND
   (E) THE AMOUNT OF  PRORATED  COMPENSATION  THAT  AN  EGG  DONOR  SHALL
 RECEIVE  FOR  THEIR TIME AND EFFORT UNDER SUBDIVISIONS (B), (C), AND (D)
 OF THIS SECTION SHALL BE STIPULATED IN REGULATIONS THAT SHALL BE PROMUL-
 GATED BY THE COMMISSIONER.
   § 581-807. PARENTAGE UNDER A COMPLIANT GAMETE DONATION MATCHED  AGREE-
 MENT  OR A COMPLIANT GAMETE DONATION AGENCY AGREEMENT. UPON THE BIRTH OF
 A CHILD CONCEIVED BY  ASSISTED  REPRODUCTION  UNDER  A  GAMETE  DONATION
 MATCHED  AGREEMENT  OR  A GAMETE DONATION AGENCY AGREEMENT THAT COMPLIES
 WITH THIS PART, EACH INTENDED PARENT IS, BY OPERATION OF LAW,  A  PARENT
 S. 7749                            28
 
 OF  THE  CHILD  AND  THE  GAMETE DONOR OR DONORS ARE NOT A PARENT OF THE
 CHILD.
   §  581-808.  DISPUTE  AS  TO  A GAMETE DONATION MATCHED AGREEMENT OR A
 GAMETE DONATION AGENCY AGREEMENT. (A) ANY DISPUTE WHICH IS RELATED TO  A
 GAMETE  DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT
 SHALL BE RESOLVED BY THE SUPREME COURT OF THE STATE OF NEW  YORK,  WHICH
 SHALL DETERMINE THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES.
   (B) EXCEPT AS EXPRESSLY PROVIDED IN THE GAMETE DONATION MATCHED AGREE-
 MENT, THE INTENDED PARENT OR PARENTS AND THE GAMETE DONOR SHALL BE ENTI-
 TLED  TO  ALL REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE RELATED
 TO THE GAMETE DONATION MATCHED AGREEMENT.
   (C) THERE SHALL BE NO SPECIFIC  PERFORMANCE  REMEDY  AVAILABLE  FOR  A
 BREACH  BY  THE GAMETE DONOR OF ANY GAMETE DONATION MATCHED AGREEMENT OR
 OF ANY GAMETE DONATION AGENCY AGREEMENT TERM.
 
                                  PART 9
                       GAMETE DONOR'S BILL OF RIGHTS
 SECTION 581-901. APPLICABILITY.
         581-902. MEDICAL RECORDS.
         581-903. HEALTH AND WELFARE DECISIONS.
         581-904. INDEPENDENT LEGAL COUNSEL.
         581-905. HEALTH INSURANCE AND MEDICAL COSTS.
         581-906. COUNSELING.
         581-907. TERMINATION OF A GAMETE DONATION MATCHED AGREEMENT OR A
                    GAMETE DONATION AGENCY AGREEMENT.
   § 581-901. APPLICABILITY. THE RIGHTS ENUMERATED  IN  THIS  PART  SHALL
 APPLY  TO  ANY GAMETE DONOR LOCATED IN, OR WHO IS A RESIDENT OF NEW YORK
 STATE, RECEIVES COMPENSATION FOR TIME AND  EFFORT  TO  PRODUCE  EGGS  OR
 SPERM COLLECTED BY A NEW YORK STATE LICENSED GAMETE AGENCY, GAMETE BANK,
 OR  FERTILITY  CLINIC  FOR  USE  IN ASSISTED REPRODUCTION BY AN INTENDED
 PARENT OR PARENTS WHO ARE UNKNOWN TO THE DONOR OF  THE  GAMETES  AT  THE
 TIME  OF  DONATION, NOTWITHSTANDING ANY GAMETE DONATION AGREEMENT, JUDG-
 MENT OF PARENTAGE, MEMORANDUM  OF  UNDERSTANDING,  VERBAL  AGREEMENT  OR
 CONTRACT TO THE CONTRARY. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY WRIT-
 TEN  OR  VERBAL AGREEMENT PURPORTING TO WAIVE OR LIMIT ANY OF THE RIGHTS
 IN THIS PART IS VOID AS AGAINST PUBLIC POLICY. THE RIGHTS ENUMERATED  IN
 THIS  PART  ARE  NOT  EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS
 PROVIDED BY LAW, REGULATION, OR A GAMETE DONATION MATCHED  AGREEMENT  OR
 GAMETE  DONATION  AGENCY  AGREEMENT  THAT MEETS THE REQUIREMENTS OF THIS
 ARTICLE.
   § 581-902. MEDICAL RECORDS. (A) A GAMETE DONOR HAS THE RIGHT TO CHOOSE
 WHICH MEDICAL RECORDS AND HEALTH INFORMATION THEY SHALL  SHARE  WITH  AN
 INTENDED  PARENT  OR  PARENTS OR WITH AN AGENT, GAMETE AGENCY, SURROGACY
 PROGRAM, GAMETE BANK, FERTILITY CLINIC, OR HEALTH CARE PROVIDER THAT  IS
 PROVIDING  MATCHING SERVICES OR COLLECTING THEIR GAMETES, OTHER THAN THE
 MEDICAL RECORDS AND INFORMATION THEY ARE REQUIRED TO SHARE  PURSUANT  TO
 10 NYCRR PART 52.
   (B)  AN  EGG DONOR HAS THE RIGHT TO OBTAIN A COPY OF THEIR MEDICAL AND
 CLINICAL RECORDS RELATED TO DONOR SCREENING AND TO  EACH  EGG  RETRIEVAL
 CYCLE INCLUDING:
   (1)  ALL  TEST  RECORDS  INCLUDING  ALL  LABORATORY  AND  GENETIC TEST
 RESULTS;
   (2) ALL X-RAY OR IMAGING PROCEDURE RESULTS INCLUDING  SONOGRAM  IMAGES
 AND ANALYSIS;
   (3) REPORTS ON EGG AND EMBRYO QUALITY; AND
 S. 7749                            29
 
   (4)  THE  NAMES  OF  MEDICATIONS THE EGG DONOR HAS BEEN PRESCRIBED AND
 CORRESPONDING DOSAGES.
   (C)  A SPERM DONOR HAS THE RIGHT TO OBTAIN A COPY OF THEIR MEDICAL AND
 CLINICAL RECORDS RELATED TO DONOR SCREENING AND TO EACH  SPERM  DONATION
 INCLUDING:
   (1)  ALL  TEST  RECORDS  INCLUDING  ALL  LABORATORY  AND  GENETIC TEST
 RESULTS; AND
   (2) REPORTS ON SPERM COUNT AND QUALITY OF ALL SPERM SAMPLES.
   § 581-903. HEALTH AND WELFARE DECISIONS. (A)  AN  EGG  DONOR  HAS  THE
 RIGHT  TO EXERCISE SOLE DISCRETION OVER DECISIONS REGARDING THEIR BEHAV-
 IOR, OTHER THAN BEHAVIORS THAT WOULD HARM THEIR HEALTH, AND TO MAKE  ALL
 HEALTH  AND  WELFARE  DECISIONS  REGARDING THEMSELVES, INCLUDING BUT NOT
 LIMITED TO, THE AMOUNT OF TIME THAT TRANSPIRES  BETWEEN  COMMENCING  EGG
 RETRIEVAL  CYCLES,  ENTERING  INTO GAMETE DONATION MATCHED AGREEMENTS OR
 GAMETE  DONATION  AGENCY  AGREEMENTS,  AND  WHETHER  TO  CANCEL  AN  EGG
 RETRIEVAL  CYCLE  OR  TERMINATE A GAMETE DONATION MATCHED AGREEMENT OR A
 GAMETE DONATION AGENCY AGREEMENT AT ANY TIME.
   (B) A SPERM DONOR HAS THE RIGHT TO EXERCISE SOLE DISCRETION OVER DECI-
 SIONS REGARDING THEIR BEHAVIOR, OTHER THAN  BEHAVIORS  THAT  WOULD  HARM
 THEIR  HEALTH,  AND  TO  MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING
 THEMSELF, INCLUDING THE RIGHT TO TERMINATE THE GAMETE  DONATION  MATCHED
 AGREEMENT OR THE GAMETE DONATION AGENCY AGREEMENT AT ANY TIME.
   (C)  THIS  ARTICLE DOES NOT DIMINISH THE RESPONSIBILITY OF HEALTH CARE
 PROVIDERS TO ENSURE ADHERENCE TO STANDARDS OF MEDICAL PRACTICE.
   § 581-904. INDEPENDENT LEGAL COUNSEL.  PRIOR  TO  EXECUTING  A  GAMETE
 DONATION  MATCHED  AGREEMENT  OR  A  GAMETE DONATION AGENCY AGREEMENT, A
 GAMETE DONOR HAS THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL  OF
 THEIR  OWN  CHOOSING WHO IS LICENSED TO PRACTICE LAW IN THE STATE OF NEW
 YORK, TO BE PAID FOR BY THE AGENT,  GAMETE  AGENCY,  SURROGACY  PROGRAM,
 GAMETE  BANK,  FERTILITY CLINIC, OR HEALTH CARE PROVIDER. THE DEPARTMENT
 SHALL MAINTAIN A LIST OF INDEPENDENT LEGAL COUNSELORS.
   § 581-905. HEALTH INSURANCE AND MEDICAL COSTS. AN EGG  DONOR  HAS  THE
 RIGHT TO HAVE A HEALTH INSURANCE POLICY THAT COVERS MAJOR MEDICAL TREAT-
 MENTS,  HOSPITALIZATIONS,  AND  BEHAVIORAL  HEALTH  CARE FOR A TERM THAT
 TAKES EFFECT PRIOR TO THE EGG DONOR TAKING ANY MEDICATION AND COMMENCING
 MEDICAL PROCEDURES IN FURTHERANCE  OF  OVARIAN  STIMULATION  AND  OOCYTE
 RETRIEVAL  AND  THAT EXTENDS FOR TWELVE MONTHS AFTER OOCYTE RETRIEVAL IS
 COMPLETED. SUCH POLICY SHALL BE PAID FOR BY THE  AGENT,  GAMETE  AGENCY,
 SURROGACY  PROGRAM, GAMETE BANK, FERTILITY CLINIC, HEALTH CARE PROVIDER,
 OR THE INTENDED PARENT OR PARENTS, IF APPLICABLE, WHICH SHALL  ALSO  PAY
 FOR  OR REIMBURSE THE EGG DONOR FOR ALL CO-PAYMENTS, DEDUCTIBLES AND ANY
 OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH  OVARIAN  STIMULATION,
 OOCYTE RETRIEVAL, AND MEDICAL OR PSYCHOLOGICAL COMPLICATIONS PURSUANT TO
 THE  GAMETE  DONATION  MATCHED  AGREEMENT  OR THE GAMETE DONATION AGENCY
 AGREEMENT.
   § 581-906. COUNSELING. AN EGG DONOR HAS THE RIGHT  TO  HAVE  A  HEALTH
 INSURANCE  POLICY  THAT COVERS BEHAVIORAL HEALTH CARE AND WILL COVER THE
 COST OF  PSYCHOLOGICAL  COUNSELING  TO  ADDRESS  ISSUES  RESULTING  FROM
 PARTICIPATION  IN  THE  GAMETE  DONATION MATCHED AGREEMENT OR THE GAMETE
 DONATION AGENCY AGREEMENT, INCLUDING,  BUT  NOT  LIMITED  TO  COUNSELING
 FOLLOWING  THE  GAMETE  DONATION.  SUCH  POLICY SHALL BE PAID FOR BY THE
 AGENT, GAMETE AGENCY, SURROGACY PROGRAM, GAMETE BANK, FERTILITY  CLINIC,
 HEALTH CARE PROVIDER, OR THE INTENDED PARENT OR PARENTS, IF APPLICABLE.
   §  581-907.  TERMINATION  OF  A GAMETE DONATION MATCHED AGREEMENT OR A
 GAMETE DONATION AGENCY AGREEMENT. (A) AN EGG  DONOR  HAS  THE  RIGHT  TO
 S. 7749                            30
 
 TERMINATE A GAMETE DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGEN-
 CY AGREEMENT AT ANY TIME.
   (B) A SPERM DONOR HAS THE RIGHT TO STOP DONATING GAMETES AND TO TERMI-
 NATE  A  GAMETE  DONATION  MATCHED AGREEMENT OR A GAMETE DONATION AGENCY
 AGREEMENT AT ANY TIME. AN EGG DONOR HAS  THE  RIGHT  TO  CANCEL  AN  EGG
 RETRIEVAL CYCLE AT ANY TIME.
 
                                  PART 10
                             INFORMED CONSENT
 
 SECTION 581-1001. APPLICABILITY.
         581-1002. UNIFORM  PROTOCOLS  FOR  INFORMED  MEDICAL  AND  LEGAL
                     CONSENT.
         581-1003. INFORMED MEDICAL AND LEGAL CONSENT  PROCEDURES  FOR  A
                     POTENTIAL EGG DONOR.
         581-1004. INFORMED  MEDICAL  AND  LEGAL CONSENT PROCEDURES FOR A
                     POTENTIAL SPERM DONOR.
         581-1005. INFORMED MEDICAL AND LEGAL CONSENT  PROCEDURES  FOR  A
                     POTENTIAL PERSON ACTING AS SURROGATE.
         581-1006. INFORMED  MEDICAL  AND LEGAL CONSENT PROCEDURES FOR AN
                     INTENDED PARENT OR PARENTS.
   § 581-1001. APPLICABILITY. (A) THE INFORMED MEDICAL AND LEGAL  CONSENT
 PROCEDURES AND REQUIREMENTS IN THIS SECTION SHALL BE ADMINISTERED TO:
   (1)  A  POTENTIAL  GAMETE  DONOR  WHO  INTENDS  TO ENTER INTO A GAMETE
 DONATION MATCHED AGREEMENT OR GAMETE  DONATION  AGENCY  AGREEMENT  UNDER
 PART  EIGHT  OF THIS ARTICLE TO RECEIVE COMPENSATION FOR TIME AND EFFORT
 TO PROVIDE GAMETES FOR USE  IN  ASSISTED  REPRODUCTION  BY  AN  INTENDED
 PARENT  WHO  IS  UNKNOWN  TO  THE  DONOR  OF  THE GAMETES AT THE TIME OF
 DONATION;
   (2) A POTENTIAL PERSON ACTING AS SURROGATE WHO INTENDS TO ENTER INTO A
 SURROGACY AGREEMENT UNDER PART FOUR OF THIS ARTICLE; AND
   (3) AN INTENDED PARENT WHO INTENDS TO ENTER  INTO  A  GAMETE  DONATION
 MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT UNDER PART EIGHT
 OF  THIS  ARTICLE OR A SURROGACY AGREEMENT UNDER PART FOUR OF THIS ARTI-
 CLE.
   (B) THE INFORMED MEDICAL AND LEGAL CONSENT PROCESSES SHALL BE ADMINIS-
 TERED AND DOCUMENTED PRIOR TO THE EXECUTION OF A GAMETE DONATION MATCHED
 AGREEMENT, OR A SURROGACY AGREEMENT.
   § 581-1002. UNIFORM PROTOCOLS FOR INFORMED MEDICAL AND LEGAL  CONSENT.
 UNIFORM  PROTOCOLS  TO  ADMINISTER  INFORMED  MEDICAL  AND LEGAL CONSENT
 PROCEDURES ARE ESTABLISHED, AND SHALL BE UPDATED,  TO  REFLECT  RESEARCH
 FINDINGS  AND CURRENT EVIDENCE-BASED BEST PRACTICES, TO ENSURE THAT EACH
 POTENTIAL GAMETE  DONOR,  POTENTIAL  PERSON  ACTING  AS  SURROGATE,  AND
 INTENDED  PARENT  IS  FULLY  INFORMED AND ABLE TO VOLUNTARILY CONSENT TO
 AGREEMENT PROVISIONS WITHOUT BEING COERCED OR INCENTIVIZED.
   (A) THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE TASK  FORCE  ON
 LIFE AND THE LAW, SHALL DEVELOP VIDEO TUTORIALS THAT PROVIDE INFORMATION
 ABOUT  HOW  GAMETE  DONATION AND SURROGACY WORK IN NEW YORK STATE, WHICH
 SHALL ADDRESS  APPLICABLE  REGULATIONS,  AN  OVERVIEW  OF  THE  INFORMED
 MEDICAL AND LEGAL CONSENT PROCESSES, REQUIRED MEDICAL SCREENINGS, AND AN
 OVERVIEW  OF  THE  RIGHTS  AFFORDED  TO GAMETE DONORS, PERSONS ACTING AS
 SURROGATES, INTENDED PARENTS,  AND  DONOR-CONCEIVED  AND  SURROGATE-BORN
 INDIVIDUALS.  THE DEPARTMENT SHALL MAKE VIDEO TUTORIALS AVAILABLE ONLINE
 AND IN DVD FORMAT.  VIDEO TUTORIALS SHALL BE  UPDATED  AS  NECESSARY  TO
 REFLECT CURRENT LAW, REGULATIONS, AND MEDICAL BEST PRACTICES.
 S. 7749                            31
 
   (B)  THE  DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE TASK FORCE ON
 LIFE AND THE LAW, SHALL DEVELOP AND MAINTAIN A CHECKLIST OF  INFORMATION
 THAT  MUST  BE  REVIEWED  WITH POTENTIAL EGG DONORS AND REQUIREMENTS THE
 POTENTIAL EGG DONOR  MUST  COMPLY  WITH  BEFORE  THEY  PROVIDE  INFORMED
 MEDICAL AND LEGAL CONSENT TO ENTER INTO A GAMETE DONATION MATCHED AGREE-
 MENT OR A GAMETE DONATION AGENCY AGREEMENT, INCLUDING:
   (1) THE POTENTIAL EGG DONOR SHALL BE INFORMED OF THE FOLLOWING MEDICAL
 INFORMATION,  WHICH  SHALL  BE  PROVIDED IN WRITING TO THE POTENTIAL EGG
 DONOR AND REVIEWED VERBALLY WITH THE POTENTIAL EGG DONOR:
   (I) THE RESULTS OF THE POTENTIAL EGG DONOR'S MEDICAL AND PSYCHOLOGICAL
 SCREENINGS AND WHETHER THEY HAVE ANY HEALTH CONDITIONS  THAT  DISQUALIFY
 THEM  FROM  DONATING  GAMETES  OR THAT WOULD PUT THEM AT GREATER RISK OF
 ADVERSE HEALTH OUTCOMES FROM UNDERGOING OVARIAN STIMULATION  AND  OOCYTE
 RETRIEVAL;
   (II)  THE  MEDICATIONS  AND MEDICAL AND SURGICAL PROCEDURES ASSOCIATED
 WITH OVARIAN STIMULATION AND OOCYTE RETRIEVAL AND THEIR POTENTIAL  RISKS
 OR SIDE EFFECTS; AND
   (III)  THE  KNOWN  HEALTH  RISKS  TO  EGG  DONORS  AND DONOR-CONCEIVED
 PERSONS, INCLUDING DISCLOSURE THAT ALL HEALTH RISKS ARE NOT KNOWN DUE TO
 LACK OF DATA.
   (2) THE POTENTIAL EGG DONOR SHALL ATTEND A COUNSELING SESSION  REGARD-
 ING ISSUES RELATED TO GAMETE DONATION, INCLUDING:
   (I) POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS ON THE POTENTIAL EGG
 DONOR, THE EGG DONOR'S CURRENT OR FUTURE CHILDREN AND PARTNER, IF APPLI-
 CABLE, AND ON ANY DONOR-CONCEIVED PERSONS; AND
   (II) BEST PRACTICES FOR TALKING WITH CHILDREN AND OTHER FAMILY MEMBERS
 ABOUT GAMETE DONATION.
   (3)  THE  POTENTIAL EGG DONOR SHALL BE INFORMED OF THE FOLLOWING LEGAL
 INFORMATION WHICH SHALL BE PROVIDED IN  WRITING  TO  THE  POTENTIAL  EGG
 DONOR AND REVIEWED VERBALLY WITH THE POTENTIAL EGG DONOR:
   (I)  THE RIGHTS AN EGG DONOR IS AFFORDED IN THE GAMETE DONOR'S BILL OF
 RIGHTS PURSUANT TO PART NINE OF THIS ARTICLE AND HOW TO  IMPLEMENT  EACH
 RIGHT,  AND  RIGHTS THAT ARE AFFORDED DONOR-CONCEIVED INDIVIDUALS IN THE
 BILL OF RIGHTS OF DONOR-CONCEIVED AND SURROGATE-BORN INDIVIDUALS  PURSU-
 ANT TO PART ELEVEN OF THIS ARTICLE;
   (II) THAT DONATED EGGS, OR EMBRYOS CREATED FROM DONATED EGGS, COULD BE
 USED  FOR  RESEARCH  AT ANY TIME UNLESS THE EGG DONOR DOES NOT AUTHORIZE
 SUCH USE OF THEIR DONOR GAMETES.  THE  EGG  DONOR  MUST  PROVIDE  SIGNED
 CERTIFICATION  THAT  INDICATES WHETHER THEY AUTHORIZE USE OF THEIR DONOR
 GAMETES FOR RESEARCH AT ANY TIME;
   (III) THAT DONATED EGGS, OR EMBRYOS CREATED FROM DONATED  EGGS,  COULD
 BE  PROVIDED  TO  INTENDED  PARENTS  FROM MULTIPLE HOUSEHOLDS FOR USE IN
 ASSISTED REPRODUCTION, UNLESS THE GAMETE DONOR DOES NOT  AUTHORIZE  SUCH
 DISTRIBUTION. THE EGG DONOR MUST PROVIDE SIGNED CERTIFICATION THAT INDI-
 CATES WHETHER THEY AUTHORIZE SUCH DISTRIBUTION OF THEIR GAMETES;
   (IV)  THE  LIST  OF  GAMETE  DONATION COMPENSATION FOR PROVIDING DONOR
 GAMETES PURSUANT TO A GAMETE DONATION  MATCHED  AGREEMENT  OR  A  GAMETE
 DONATION AGENCY AGREEMENT;
   (V)  THE MAXIMUM NUMBER OF DONOR-CONCEIVED PERSONS THAT MAY BE BORN IN
 NEW YORK STATE AFTER THE EFFECTIVE DATE OF SECTION FOURTEEN HUNDRED FOUR
 OF THE GENERAL BUSINESS LAW USING THE  DONOR  GAMETES  PROVIDED  BY  THE
 POTENTIAL  EGG  DONOR,  AND THE POSSIBILITY THAT THE GAMETES PROVIDED BY
 THE EGG DONOR WILL BE USED FOR ASSISTED REPRODUCTION TO CONCEIVE A CHILD
 THAT WILL BE BORN OUTSIDE OF NEW YORK STATE, WHICH CANNOT BE TRACKED  OR
 REGULATED BY NEW YORK STATE;
 S. 7749                            32
 
   (VI)  THAT COMPENSATION RECEIVED PURSUANT TO A GAMETE DONATION MATCHED
 AGREEMENT OR A GAMETE DONATION  AGENCY  AGREEMENT  IS  TAXABLE  AND  MAY
 AFFECT  THE  ELIGIBILITY  OF  THE  EGG  DONOR FOR PUBLIC BENEFITS OR THE
 AMOUNT OF SUCH BENEFITS, INCLUDING SOCIAL SECURITY BENEFITS;
   (VII)  THE POTENTIAL EGG DONOR'S OPTIONS REGARDING IDENTITY DISCLOSURE
 UNDER SECTION FOURTEEN HUNDRED SEVEN OF THE GENERAL BUSINESS LAW;
   (VIII) INFORMATION ABOUT THE CENTRAL ASSISTED  REPRODUCTION  REGISTRY,
 INCLUDING:
   (A) THE PURPOSE OF THE REGISTRY;
   (B)  WHAT  PERSONAL  AND CLINICAL DATA THAT IS COLLECTED AND HOW IT IS
 USED;
   (C) HOW COLLECTED PERSONAL INFORMATION IS SECURED AND  KEPT  CONFIDEN-
 TIAL;
   (D)  THAT  A  GAMETE  DONOR IS REQUIRED TO REGISTER BEFORE EXECUTING A
 GAMETE DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT;
   (E) HOW THE EGG  DONOR  CAN  VOLUNTARILY  PROVIDE  HEALTH  INFORMATION
 UPDATES CONFIDENTIALLY TO THE REGISTRY IN THE FUTURE; AND
   (F)  THE  TERMS OF THE GAMETE DONATION MATCHED AGREEMENT OR THE GAMETE
 DONATION AGENCY AGREEMENT.
   (C) THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE TASK  FORCE  ON
 LIFE  AND THE LAW, SHALL DEVELOP AND MAINTAIN A CHECKLIST OF INFORMATION
 THAT MUST BE REVIEWED WITH POTENTIAL SPERM DONORS AND  REQUIREMENTS  THE
 POTENTIAL  SPERM  DONOR  MUST  COMPLY  WITH BEFORE THEY PROVIDE INFORMED
 MEDICAL AND LEGAL CONSENT TO ENTER INTO A GAMETE DONATION MATCHED AGREE-
 MENT OR A GAMETE DONATION AGENCY AGREEMENT, INCLUDING:
   (1) THE POTENTIAL SPERM  DONOR  MUST  BE  INFORMED  OF  THE  FOLLOWING
 MEDICAL INFORMATION, WHICH SHALL BE PROVIDED IN WRITING TO THE POTENTIAL
 SPERM DONOR AND REVIEWED VERBALLY WITH THE POTENTIAL SPERM DONOR:
   (I)  THE RESULTS OF THE POTENTIAL SPERM DONOR'S MEDICAL AND PSYCHOLOG-
 ICAL SCREENINGS  AND  WHETHER  THEY  HAVE  ANY  HEALTH  CONDITIONS  THAT
 DISQUALIFY THEM FROM DONATING GAMETES; AND
   (II)  THE  KNOWN  HEALTH  RISKS  TO DONOR-CONCEIVED PERSONS, INCLUDING
 DISCLOSURE THAT ALL HEALTH RISKS ARE NOT KNOWN DUE TO LACK OF DATA.
   (2) THE POTENTIAL SPERM DONOR SHALL BE PROVIDED WRITTEN  MATERIALS  ON
 COUNSELING  TOPICS  REGARDING ISSUES RELATED TO GAMETE DONATION, INCLUD-
 ING:
   (I) THE POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS ON THE POTENTIAL
 SPERM DONOR, THE SPERM DONOR'S CURRENT OR FUTURE CHILDREN  AND  PARTNER,
 IF APPLICABLE, AND ANY DONOR-CONCEIVED CHILDREN; AND
   (II)  THE  BEST  PRACTICES  FOR TALKING WITH CHILDREN AND OTHER FAMILY
 MEMBERS ABOUT GAMETE DONATION.
   (3) THE POTENTIAL SPERM DONOR MUST BE INFORMED OF THE FOLLOWING  LEGAL
 INFORMATION,  WHICH  SHALL BE PROVIDED IN WRITING TO THE POTENTIAL SPERM
 DONOR AND REVIEWED VERBALLY WITH THE POTENTIAL SPERM DONOR:
   (I) THE RIGHTS A SPERM DONOR IS AFFORDED IN THE GAMETE DONOR'S BILL OF
 RIGHTS PURSUANT TO PART NINE OF THIS ARTICLE AND HOW TO  IMPLEMENT  EACH
 RIGHT, AND RIGHTS THAT ARE AFFORDED DONOR-CONCEIVED INDIVIDUALS PURSUANT
 TO PART ELEVEN OF THIS ARTICLE;
   (II) THE MAXIMUM NUMBER OF DONOR-CONCEIVED PERSONS THAT MAY BE BORN IN
 NEW  YORK  STATE USING THE DONOR GAMETES PROVIDED BY THE POTENTIAL SPERM
 DONOR AFTER THE EFFECTIVE DATE OF SECTION FOURTEEN HUNDRED EIGHT OF  THE
 GENERAL  BUSINESS  LAW, AND THE POSSIBILITY THAT THE GAMETES PROVIDED BY
 THE SPERM DONOR WILL BE USED FOR ASSISTED  REPRODUCTION  TO  CONCEIVE  A
 CHILD  THAT  WILL  BE  BORN  OUTSIDE  OF NEW YORK STATE, WHICH CANNOT BE
 TRACKED OR REGULATED BY NEW YORK STATE;
 S. 7749                            33
 
   (III) THAT DONATED SPERM, OR EMBRYOS CREATED FROM DONATED SPERM, COULD
 BE USED FOR RESEARCH AT ANY TIME UNLESS THE SPERM DONOR DOES NOT AUTHOR-
 IZE SUCH USE OF THEIR DONOR GAMETES. THE SPERM DONOR MUST PROVIDE SIGNED
 CERTIFICATION THAT INDICATES WHETHER THEY AUTHORIZE USE OF  THEIR  DONOR
 GAMETES FOR RESEARCH AT ANY TIME;
   (IV)  THE  LIST OF GAMETE DONATION COMPENSATION SCHEDULE FOR PROVIDING
 DONOR GAMETES PURSUANT TO A  GAMETE  DONATION  MATCHED  AGREEMENT  OR  A
 GAMETE DONATION AGENCY AGREEMENT;
   (V)  THAT  COMPENSATION RECEIVED PURSUANT TO A GAMETE DONATION MATCHED
 AGREEMENT OR A GAMETE DONATION  AGENCY  AGREEMENT  IS  TAXABLE  AND  MAY
 AFFECT  THE ELIGIBILITY OF THE SPERM DONOR FOR PUBLIC BENEFITS OR AMOUNT
 OF SUCH BENEFITS, INCLUDING SOCIAL SECURITY BENEFITS;
   (VI) THE POTENTIAL SPERM DONOR'S OPTIONS REGARDING IDENTITY DISCLOSURE
 UNDER SECTION FOURTEEN HUNDRED SEVEN OF THE GENERAL BUSINESS LAW;
   (VII) INFORMATION ABOUT THE CENTRAL  ASSISTED  REPRODUCTION  REGISTRY,
 INCLUDING:
   (A) THE PURPOSE OF THE REGISTRY;
   (B)  WHAT  PERSONAL  AND CLINICAL DATA THAT IS COLLECTED AND HOW IT IS
 USED;
   (C) HOW COLLECTED PERSONAL INFORMATION IS SECURED AND  KEPT  CONFIDEN-
 TIAL;
   (D)  THAT  DONORS  ARE  REQUIRED TO REGISTER BEFORE EXECUTING A GAMETE
 DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT; AND
   (E) HOW THE SPERM DONOR CAN  VOLUNTARILY  PROVIDE  HEALTH  INFORMATION
 UPDATES CONFIDENTIALLY TO THE REGISTRY IN THE FUTURE; AND
   (VIII)  THE  TERMS  OF  THE  GAMETE  DONATION MATCHED AGREEMENT OR THE
 GAMETE DONATION AGENCY AGREEMENT.
   (D) THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE TASK  FORCE  ON
 LIFE  AND THE LAW, SHALL DEVELOP AND MAINTAIN A CHECKLIST OF INFORMATION
 THAT MUST BE REVIEWED WITH A POTENTIAL PERSON ACTING  AS  SURROGATE  AND
 REQUIREMENTS  THE  POTENTIAL  SPERM  DONOR  MUST COMPLY WITH BEFORE THEY
 PROVIDE INFORMED MEDICAL AND LEGAL CONSENT TO  ENTER  INTO  A  SURROGACY
 AGREEMENT, INCLUDING:
   (1)  THE  POTENTIAL PERSON ACTING AS SURROGATE MUST BE INFORMED OF THE
 FOLLOWING MEDICAL INFORMATION, WHICH SHALL BE PROVIDED IN WRITING TO THE
 POTENTIAL PERSON ACTING AS SURROGATE  AND  REVIEWED  VERBALLY  WITH  THE
 POTENTIAL PERSON ACTING AS SURROGATE:
   (I)  THE RESULTS OF THE POTENTIAL PERSON ACTING AS SURROGATE'S MEDICAL
 AND PSYCHOLOGICAL SCREENINGS AND WHETHER THEY HAVE ANY HEALTH CONDITIONS
 THAT DISQUALIFY THEM FROM UNDERGOING A SURROGATE PREGNANCY OR THAT WOULD
 PUT THEM AT GREATER RISK OF ADVERSE HEALTH OUTCOMES DURING  A  SURROGATE
 PREGNANCY;
   (II)  THE  MEDICATIONS  AND MEDICAL AND SURGICAL PROCEDURES ASSOCIATED
 WITH SURROGATE PREGNANCY AND THEIR POTENTIAL RISKS OR SIDE EFFECTS;
   (III) THAT IN VITRO FERTILIZATION PROCEDURES AND PRENATAL AND  OBSTET-
 RIC  CARE WILL BE ADMINISTERED ACCORDING TO THE BEST PRACTICES DESCRIBED
 BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS;
   (IV) THE MEDICAL RISKS OF SURROGATE PREGNANCY, INCLUDING:
   (A) THE POSSIBILITY AND RISK OF MULTIPLE BIRTHS  AND  PRETERM  BIRTHS,
 WHICH  ALSO  INCREASES  THE  CHANCE  OF  A  MEDICALLY-NECESSARY CESAREAN
 SECTION;
   (B) THE RISKS OF MULTIPLE EMBRYO TRANSFER AND DISCLOSURE THAT MULTIPLE
 EMBRYO TRANSFER CONTRADICTS THE GUIDELINES OF THE  AMERICAN  COLLEGE  OF
 OBSTETRICS AND GYNECOLOGY;
   (C) THE RISK OF PREGNANCY COMPLICATIONS, INCLUDING PREECLAMPSIA;
 S. 7749                            34
 
   (D)  THE  RISKS  OF  DELIVERY  BY CESAREAN SECTION AND DISCLOSURE THAT
 ELECTIVE CESAREAN SECTION CONTRADICTS THE  GUIDELINES  OF  THE  AMERICAN
 COLLEGE OF OBSTETRICS AND GYNECOLOGY; AND
   (E)  THE KNOWN HEALTH RISKS TO PERSONS ACTING AS SURROGATES AND SURRO-
 GATE-BORN PERSONS, INCLUDING DISCLOSURE THAT ALL HEALTH  RISKS  ARE  NOT
 KNOWN DUE TO LACK OF DATA.
   (2) THE POTENTIAL PERSON ACTING AS SURROGATE SHALL ATTEND A COUNSELING
 SESSION REGARDING ISSUES RELATED TO SURROGACY, INCLUDING:
   (I)  THE POTENTIAL PSYCHOLOGICAL, EMOTIONAL, AND PSYCHOSOCIAL RISKS TO
 THE PERSON ACTING AS SURROGATE, THEIR CURRENT AND  FUTURE  CHILDREN  AND
 PARTNER, AND ANY SURROGATE-BORN PERSONS;
   (II)  BEST  PRACTICES  FOR  TALKING  TO A PERSON ACTING AS SURROGATE'S
 CHILDREN AND OTHER FAMILY MEMBERS ABOUT SURROGACY; AND
   (III) IMPACTS ON THEIR PERSONAL LIVES.
   (3) THE POTENTIAL PERSON ACTING AS SURROGATE MUST BE INFORMED  OF  THE
 FOLLOWING  LEGAL  INFORMATION, WHICH SHALL BE PROVIDED IN WRITING TO THE
 POTENTIAL PERSON ACTING AS SURROGATE  AND  REVIEWED  VERBALLY  WITH  THE
 POTENTIAL PERSON ACTING AS SURROGATE:
   (I)  THE RIGHTS A PERSON ACTING AS SURROGATE IS AFFORDED IN THE SURRO-
 GATE'S BILL OF RIGHTS PURSUANT TO PART SIX OF THIS ARTICLE  AND  HOW  TO
 IMPLEMENT  EACH  RIGHT,  AND  RIGHTS THAT SURROGATE-BORN INDIVIDUALS ARE
 AFFORDED IN THE BILL OF RIGHTS  OF  DONOR-CONCEIVED  AND  SURROGATE-BORN
 INDIVIDUALS PURSUANT TO PART ELEVEN OF THIS ARTICLE;
   (II)  COMPENSATION RECEIVED PURSUANT TO A SURROGACY AGREEMENT IS TAXA-
 BLE AND MAY AFFECT THE ELIGIBILITY OF THE PERSON ACTING AS SURROGATE AND
 THE PERSON ACTING AS SURROGATE'S SPOUSE, IF APPLICABLE, FOR PUBLIC BENE-
 FITS OR THE AMOUNT OF SUCH BENEFITS, INCLUDING SOCIAL SECURITY BENEFITS;
   (III) A PERSON ACTING AS SURROGATE IS REQUIRED BY NEW YORK  STATE  LAW
 TO TRANSFER PARENTAL RIGHTS IMMEDIATELY UPON THE BIRTH OF ANY CHILD BORN
 PURSUANT  TO  A  SURROGACY AGREEMENT UNDER PART FOUR OF THIS ARTICLE AND
 PURSUANT TO SECTION 581-203 OF THIS ARTICLE. THE REQUIREMENT  IS  IRREV-
 OCABLE,  EVEN  IF  THE INTENDED PARENT OR PARENTS ARE FOUND TO HAVE BEEN
 CONVICTED OF CRIMINAL BEHAVIOR, DOMESTIC VIOLENCE, OR CHILD ABUSE;
   (IV) INFORMATION ABOUT THE  CENTRAL  ASSISTED  REPRODUCTION  REGISTRY,
 INCLUDING:
   (A) THE PURPOSE OF THE REGISTRY;
   (B)  WHAT  PERSONAL  AND CLINICAL DATA THAT IS COLLECTED AND HOW IT IS
 USED;
   (C) HOW COLLECTED PERSONAL INFORMATION IS SECURED AND  KEPT  CONFIDEN-
 TIAL;
   (D)  THAT  A PERSON ACTING AS SURROGATE IS REQUIRED TO REGISTER BEFORE
 EXECUTING A SURROGACY AGREEMENT; AND
   (E) HOW THE PERSON ACTING AS SURROGATE CAN VOLUNTARILY PROVIDE  HEALTH
 INFORMATION UPDATES CONFIDENTIALLY TO THE REGISTRY IN THE FUTURE; AND
   (V) THE TERMS OF THE SURROGACY AGREEMENT.
   (E)  THE  DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE TASK FORCE ON
 LIFE AND THE LAW, SHALL DEVELOP AND MAINTAIN A CHECKLIST OF  INFORMATION
 THAT  MUST  BE  REVIEWED WITH THE INTENDED PARENT OR PARENTS BEFORE THEY
 PROVIDE INFORMED MEDICAL AND  LEGAL  CONSENT  TO  ENTER  INTO  A  GAMETE
 DONATION  MATCHED  AGREEMENT  OR  A  GAMETE  DONATION  AGENCY AGREEMENT,
 INCLUDING:
   (1) THE INTENDED PARENT OR PARENTS MUST BE INFORMED OF  THE  FOLLOWING
 MEDICAL  INFORMATION, WHICH SHALL BE PROVIDED IN WRITING TO THE INTENDED
 PARENT OR PARENTS AND REVIEWED VERBALLY  WITH  THE  INTENDED  PARENT  OR
 PARENTS:
 S. 7749                            35
 
   (I)  IF THE INTENDED PARENT OR PARENTS ARE USING DONOR EGGS, THE MEDI-
 CATIONS AND MEDICAL AND  SURGICAL  PROCEDURES  ASSOCIATED  WITH  OVARIAN
 STIMULATION  AND  OOCYTE  RETRIEVAL  AND  THEIR  POTENTIAL RISKS OR SIDE
 EFFECTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH ONE OF SUBDIVISION  (B)  OF
 THIS SECTION;
   (II)  IF  THE  INTENDED  PARENT OR PARENTS ARE USING DONOR EGGS, KNOWN
 HEALTH RISKS  TO  EGG  DONORS  AND  DONOR-CONCEIVED  PERSONS,  INCLUDING
 DISCLOSURE THAT ALL HEALTH RISKS ARE NOT KNOWN DUE TO LACK OF DATA UNDER
 SUBPARAGRAPH  (III) OF PARAGRAPH ONE OF SUBDIVISION (B) OF THIS SECTION;
 AND
   (III) IF THE INTENDED PARENT OR PARENTS ARE USING DONOR  SPERM,  KNOWN
 HEALTH  RISKS TO DONOR-CONCEIVED CHILDREN, INCLUDING DISCLOSURE THAT ALL
 HEALTH RISKS ARE NOT KNOWN DUE TO LACK OF DATA, UNDER SUBPARAGRAPH  (II)
 OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION.
   (2)  THE  INTENDED PARENT OR PARENTS SHALL ATTEND A COUNSELING SESSION
 REGARDING ISSUES RELATED TO USING DONOR  GAMETES  TO  HELP  BUILD  THEIR
 FAMILY, INCLUDING:
   (I)  THE POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS OF CONCEIVING A
 CHILD USING DONOR GAMETES ON THE INTENDED  PARENT  OR  PARENTS  AND  ANY
 CURRENT CHILDREN;
   (II)  THE  POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS ON DONOR-CON-
 CEIVED CHILDREN AND RISKS TO THE MENTAL HEALTH OF DONOR-CONCEIVED  CHIL-
 DREN WHO ARE NOT TOLD ABOUT BEING DONOR-CONCEIVED; AND
   (III)  THE  BEST  PRACTICES  FOR  TELLING CHILDREN THEY ARE DONOR-CON-
 CEIVED.
   (3) THE INTENDED PARENT OR PARENTS MUST BE INFORMED OF  THE  FOLLOWING
 LEGAL  INFORMATION,  WHICH  SHALL BE PROVIDED IN WRITING TO THE INTENDED
 PARENT OR PARENTS AND REVIEWED VERBALLY  WITH  THE  INTENDED  PARENT  OR
 PARENTS:
   (I)  THE  RIGHTS GAMETE DONORS ARE AFFORDED IN THE GAMETE DONOR'S BILL
 OF RIGHTS PURSUANT TO PART NINE OF THIS ARTICLE;
   (II) THE  RIGHTS  DONOR-CONCEIVED  INDIVIDUALS  ARE  AFFORDED  IN  THE
 DONOR-CONCEIVED  AND SURROGATE-BORN INDIVIDUAL'S BILL OF RIGHTS PURSUANT
 TO PART ELEVEN OF THIS ARTICLE;
   (III) THE MAXIMUM NUMBER OF DONOR-CONCEIVED INDIVIDUALS  THAT  MAY  BE
 BORN  IN  NEW YORK STATE THAT WERE CONCEIVED USING ASSISTED REPRODUCTION
 AND THE DONOR GAMETES PROVIDED BY A SINGLE GAMETE DONOR, AND THE  POSSI-
 BILITY  THAT DONOR-CONCEIVED INDIVIDUALS WHO ARE CONCEIVED USING GAMETES
 FROM THE SAME DONOR MAY BE BORN OUTSIDE OF NEW YORK STATE, WHICH  CANNOT
 BE TRACKED OR REGULATED BY NEW YORK STATE;
   (IV)  IF  DONOR  GAMETES  ARE  BEING  USED, THE GAMETE DONOR'S OPTIONS
 REGARDING IDENTITY DISCLOSURE UNDER SECTION FOURTEEN  HUNDRED  SEVEN  OF
 THE GENERAL BUSINESS LAW;
   (V)  INFORMATION  ABOUT  THE  CENTRAL  ASSISTED REPRODUCTION REGISTRY,
 INCLUDING:
   (A) THE PURPOSE OF THE REGISTRY;
   (B) WHAT PERSONAL AND CLINICAL DATA THAT IS COLLECTED AND  HOW  IT  IS
 USED;
   (C)  HOW  COLLECTED PERSONAL INFORMATION IS SECURED AND KEPT CONFIDEN-
 TIAL; AND
   (D) HOW AN INTENDED PARENT CAN VOLUNTARILY PROVIDE HEALTH  INFORMATION
 UPDATES  CONFIDENTIALLY  FOR THEIR DONOR-CONCEIVED CHILD TO THE REGISTRY
 IN THE FUTURE; AND
   (VI) THE TERMS OF THE GAMETE DONATION MATCHED AGREEMENT OR THE  GAMETE
 DONATION AGENCY AGREEMENT.
 S. 7749                            36
 
   (F)  THE  DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE TASK FORCE ON
 LIFE AND THE LAW, SHALL DEVELOP AND MAINTAIN A CHECKLIST OF  INFORMATION
 THAT  MUST  BE  REVIEWED WITH THE INTENDED PARENT OR PARENTS BEFORE THEY
 PROVIDE INFORMED MEDICAL AND LEGAL CONSENT TO  ENTER  INTO  A  SURROGACY
 AGREEMENT, INCLUDING:
   (1)  THE  INTENDED PARENT OR PARENTS MUST BE INFORMED OF THE FOLLOWING
 MEDICAL INFORMATION, WHICH SHALL BE PROVIDED IN WRITING TO THE  INTENDED
 PARENT  OR  PARENTS  AND  REVIEWED  VERBALLY WITH THE INTENDED PARENT OR
 PARENTS:
   (I) IF THE INTENDED PARENT  OR  PARENTS  ARE  USING  DONOR  EGGS,  THE
 MEDICAL INFORMATION UNDER SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH
 ONE  OF  SUBDIVISION  (E)  OF THIS SECTION   AND IF THEY ARE USING DONOR
 SPERM, THE MEDICAL INFORMATION UNDER SUBPARAGRAPH (III) OF PARAGRAPH ONE
 OF SUBDIVISION (E) OF THIS SECTION;
   (II) THE MEDICATIONS AND MEDICAL AND  SURGICAL  PROCEDURES  ASSOCIATED
 WITH SURROGATE PREGNANCY AND THEIR POTENTIAL RISKS OR SIDE EFFECTS UNDER
 SUBPARAGRAPH (II) OF PARAGRAPH ONE OF SUBDIVISION (D) OF THIS SECTION;
   (III)  THE  MEDICAL RISKS OF SURROGATE PREGNANCY LISTED UNDER SUBPARA-
 GRAPH (IV) OF PARAGRAPH ONE OF SUBDIVISION (D) OF THIS SECTION; AND
   (IV) THE KNOWN HEALTH RISKS TO PERSONS ACTING AS SURROGATES AND SURRO-
 GATE-BORN PERSONS, INCLUDING DISCLOSURE THAT ALL HEALTH  RISKS  ARE  NOT
 KNOWN  DUE  TO  LACK  OF  DATA, UNDER CLAUSE (E) OF SUBPARAGRAPH (IV) OF
 PARAGRAPH ONE OF SUBDIVISION (D) OF THIS SECTION.
   (2) THE INTENDED PARENT OR PARENTS SHALL ATTEND A  COUNSELING  SESSION
 REGARDING ISSUES RELATED TO, IF APPLICABLE, USING DONOR GAMETES SURROGA-
 CY TO HELP BUILD THEIR FAMILY, INCLUDING:
   (I)  THE POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS OF CONCEIVING A
 CHILD USING DONOR GAMETES, IF  APPLICABLE,  AND  OF  ENGAGING  A  PERSON
 ACTING  AS  SURROGATE  ON THE INTENDED PARENT OR PARENTS AND ANY CURRENT
 CHILDREN;
   (II) THE POTENTIAL PSYCHOLOGICAL AND EMOTIONAL IMPACTS  ON  DONOR-CON-
 CEIVED,  IF  APPLICABLE,  AND  SURROGATE-BORN  CHILDREN AND RISKS TO THE
 MENTAL HEALTH OF CHILDREN WHO ARE NOT TOLD ABOUT BEING  DONOR-CONCEIVED,
 IF APPLICABLE, AND SURROGATE-BORN; AND
   (III)  THE  BEST  PRACTICES  FOR  TELLING CHILDREN THEY ARE DONOR-CON-
 CEIVED, IF APPLICABLE, AND SURROGATE-BORN.
   (3) THE INTENDED PARENT OR PARENTS MUST BE INFORMED OF  THE  FOLLOWING
 LEGAL  INFORMATION,  WHICH  SHALL BE PROVIDED IN WRITING TO THE INTENDED
 PARENT OR PARENTS AND REVIEWED VERBALLY  WITH  THE  INTENDED  PARENT  OR
 PARENTS:
   (I)  IF  THE  INTENDED  PARENT  OR  PARENTS ARE USING DONOR GAMETES TO
 CONCEIVE THE CHILD THAT SHALL BE BORN PURSUANT TO A SURROGACY  AGREEMENT
 UNDER  PART  FOUR  OF THIS ARTICLE, THE LEGAL INFORMATION REQUIRED UNDER
 PARAGRAPH THREE OF SUBDIVISION (E) OF THIS SECTION;
   (II) THE RIGHTS THAT A PERSON ACTING AS SURROGATE IS AFFORDED  IN  THE
 SURROGATE'S BILLS OF RIGHTS PURSUANT TO PART SIX OF THIS ARTICLE;
   (III)  THE  RIGHTS THAT SURROGATE-BORN INDIVIDUALS ARE AFFORDED IN THE
 BILL OF RIGHTS OF DONOR-CONCEIVED AND SURROGATE-BORN INDIVIDUALS  PURSU-
 ANT TO PART ELEVEN OF THIS ARTICLE;
   (IV)  THAT  THE  PERSON ACTING AS SURROGATE HAS THE SAME RIGHT TO MAKE
 DECISIONS ABOUT THEIR BEHAVIOR DURING THE SURROGATE PREGNANCY  AS  OTHER
 PREGNANT  PEOPLE  HAVE  IN NEW YORK STATE. ANY PROVISIONS IN A SURROGACY
 AGREEMENT THAT RESTRICT A SURROGATE'S BEHAVIOR ARE VOID AND  UNENFORCEA-
 BLE;
   (V)  INFORMATION  ABOUT  THE  CENTRAL  ASSISTED REPRODUCTION REGISTRY,
 INCLUDING:
 S. 7749                            37

   (A) THE PURPOSE OF THE REGISTRY;
   (B)  WHAT  PERSONAL  AND CLINICAL DATA THAT IS COLLECTED AND HOW IT IS
 USED;
   (C) HOW COLLECTED PERSONAL INFORMATION IS SECURED AND  KEPT  CONFIDEN-
 TIAL;
   (D)  THAT  THE  INTENDED  PARENT  OR  PARENTS ARE REQUIRED TO REGISTER
 BEFORE EXECUTING A SURROGACY AGREEMENT; AND
   (E) HOW AN INTENDED PARENT CAN VOLUNTARILY PROVIDE HEALTH  INFORMATION
 UPDATES  CONFIDENTIALLY  FOR  THEIR  DONOR-CONCEIVED, IF APPLICABLE, AND
 SURROGATE-BORN CHILD TO THE REGISTRY IN THE FUTURE; AND
   (VII) THE TERMS OF THE SURROGACY AGREEMENT.
   § 581-1003. INFORMED MEDICAL AND LEGAL CONSENT PROCEDURES FOR A POTEN-
 TIAL EGG DONOR. BEFORE A POTENTIAL EGG DONOR EXECUTES A GAMETE  DONATION
 MATCHED  AGREEMENT  OR  A  GAMETE  DONATION AGENCY AGREEMENT, ALL OF THE
 FOLLOWING PROCEDURES MUST  BE  COMPLETED  AND  DOCUMENTED  IN  ORDER  TO
 PROVIDE INFORMED MEDICAL AND LEGAL CONSENT TO ENTER INTO THE AGREEMENT:
   (A)  THE  POTENTIAL  EGG  DONOR  SHALL  WATCH THE VIDEO TUTORIAL UNDER
 SUBDIVISION (A) OF SECTION 581-1002 OF THIS PART AND HAVE AN OPPORTUNITY
 TO SPEAK WITH A REPRESENTATIVE TO REVIEW THE INFORMATION AND  ASK  QUES-
 TIONS ABOUT THE VIDEO AND THE PROCEDURE.
   (B)  AN INDEPENDENT HEALTH CARE PROVIDER LICENSED UNDER TITLE EIGHT OF
 THE EDUCATION LAW SHALL PROVIDE THE MEDICAL INFORMATION  REQUIRED  UNDER
 PARAGRAPH  ONE  OF  SUBDIVISION  (B) OF SECTION 581-1002 OF THIS PART IN
 WRITING TO THE POTENTIAL EGG DONOR, AND REVIEW THE INFORMATION WITH  THE
 POTENTIAL  EGG  DONOR,  AND ANSWER QUESTIONS THE POTENTIAL EGG DONOR MAY
 HAVE.
   (C) THE POTENTIAL EGG DONOR SHALL ATTEND A COUNSELING SESSION WITH  AN
 INDEPENDENT MENTAL HEALTH PRACTITIONER LICENSED UNDER TITLE EIGHT OF THE
 EDUCATION  LAW WHO SHALL REVIEW THE INFORMATION REQUIRED UNDER PARAGRAPH
 TWO OF SUBDIVISION (B) OF SECTION 581-1002 OF THIS PART. THE COST OF THE
 COUNSELING SESSION SHALL BE PAID FOR BY THE AGENT, GAMETE AGENCY, GAMETE
 BANK, FERTILITY CLINIC, SURROGACY PROGRAM, OR HEALTH CARE  PROVIDER,  AS
 APPLICABLE.
   (D)  A  REPRESENTATIVE  SHALL  PROVIDE  THE LEGAL INFORMATION REQUIRED
 UNDER PARAGRAPH THREE OF SUBDIVISION (B) OF  SECTION  581-1002  OF  THIS
 PART  IN  WRITING, INCLUDING A COPY OF THE GAMETE DONOR'S BILL OF RIGHTS
 AND THE BILL OF RIGHTS OF DONOR-CONCEIVED  AND  SURROGATE-BORN  INDIVID-
 UALS,  AND  REVIEW  THE  INFORMATION.  THE  POTENTIAL EGG DONOR SHALL BE
 PROVIDED AN  OPPORTUNITY  TO  CONSULT  WITH  INDEPENDENT  LEGAL  COUNSEL
 LICENSED  TO  PRACTICE  IN  NEW YORK STATE, TO BE PAID FOR BY THE AGENT,
 GAMETE AGENCY, GAMETE BANK,  FERTILITY  CLINIC,  SURROGACY  PROGRAM,  OR
 HEALTH CARE PROVIDER, AS APPLICABLE.
   (E)  THE  POTENTIAL  EGG  DONOR  SHALL  VERIFY IN A SIGNED RECORD THAT
 INFORMED MEDICAL AND LEGAL CONSENT PROCEDURES HAVE BEEN COMPLETED,  THEY
 HAD  AN  OPPORTUNITY  TO  ASK  QUESTIONS,  AND THEY FULLY UNDERSTAND THE
 INFORMATION.
   § 581-1004. INFORMED MEDICAL AND LEGAL CONSENT PROCEDURES FOR A POTEN-
 TIAL SPERM DONOR. BEFORE A  POTENTIAL  SPERM  DONOR  EXECUTES  A  GAMETE
 DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT, ALL OF
 THE  FOLLOWING  PROCEDURES  MUST BE COMPLETED AND DOCUMENTED IN ORDER TO
 PROVIDE INFORMED MEDICAL AND LEGAL CONSENT TO ENTER INTO THE AGREEMENT:
   (A) THE POTENTIAL SPERM DONOR SHALL WATCH  THE  VIDEO  TUTORIAL  UNDER
 SUBDIVISION (A) OF SECTION 581-1002 OF THIS PART AND HAVE AN OPPORTUNITY
 TO  SPEAK  WITH A REPRESENTATIVE TO REVIEW THE INFORMATION AND ASK QUES-
 TIONS ABOUT THE VIDEO AND THE PROCEDURE.
 S. 7749                            38
 
   (B) AN INDEPENDENT HEALTH CARE PROVIDER LICENSED UNDER TITLE EIGHT  OF
 THE  EDUCATION  LAW SHALL PROVIDE THE MEDICAL INFORMATION REQUIRED UNDER
 PARAGRAPH ONE OF SUBDIVISION (C) OF SECTION 581-1002  OF  THIS  PART  IN
 WRITING  TO  THE  POTENTIAL SPERM DONOR, REVIEW THE INFORMATION WITH THE
 POTENTIAL  SPERM  DONOR,  AND ANSWER QUESTIONS THE POTENTIAL SPERM DONOR
 MAY HAVE.
   (C) THE POTENTIAL SPERM DONOR SHALL RECEIVE THE  INFORMATION  REQUIRED
 UNDER  PARAGRAPH TWO OF SUBDIVISION (C) OF SECTION 581-1002 OF THIS PART
 IN WRITING FROM AN INDEPENDENT MENTAL HEALTH PRACTITIONER LICENSED UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   (D) A REPRESENTATIVE SHALL  PROVIDE  THE  LEGAL  INFORMATION  REQUIRED
 UNDER  PARAGRAPH  THREE  OF  SUBDIVISION (C) OF SECTION 581-1002 OF THIS
 PART IN WRITING, INCLUDING A COPY OF THE GAMETE DONOR'S BILL  OF  RIGHTS
 AND  THE  BILL  OF RIGHTS OF DONOR-CONCEIVED AND SURROGATE-BORN INDIVID-
 UALS. THE POTENTIAL SPERM DONOR SHALL  BE  PROVIDED  AN  OPPORTUNITY  TO
 CONSULT  WITH INDEPENDENT LEGAL COUNSEL LICENSED TO PRACTICE IN NEW YORK
 STATE, TO BE PAID FOR BY THE AGENT, GAMETE AGENCY, GAMETE BANK, FERTILI-
 TY CLINIC, SURROGACY PROGRAM, OR HEALTH CARE PROVIDER, AS APPLICABLE.
   (E) THE POTENTIAL SPERM DONOR SHALL VERIFY IN  A  SIGNED  RECORD  THAT
 INFORMED  MEDICAL AND LEGAL CONSENT PROCEDURES HAVE BEEN COMPLETED, THEY
 HAD AN OPPORTUNITY TO ASK  QUESTIONS,  AND  THEY  FULLY  UNDERSTAND  THE
 INFORMATION.
   § 581-1005. INFORMED MEDICAL AND LEGAL CONSENT PROCEDURES FOR A POTEN-
 TIAL  PERSON  ACTING  AS  SURROGATE. BEFORE A POTENTIAL PERSON ACTING AS
 SURROGATE EXECUTES A SURROGACY AGREEMENT, ALL OF  THE  FOLLOWING  PROCE-
 DURES  MUST  BE  COMPLETED  AND  DOCUMENTED IN ORDER TO PROVIDE INFORMED
 MEDICAL AND LEGAL CONSENT TO ENTER INTO THE SURROGACY AGREEMENT:
   (A) THE POTENTIAL PERSON ACTING AS SURROGATE  SHALL  WATCH  THE  VIDEO
 TUTORIAL REQUIRED UNDER SUBDIVISION (A) OF SECTION 581-1002 OF THIS PART
 AND  HAVE  AN  OPPORTUNITY  TO SPEAK WITH A REPRESENTATIVE TO REVIEW THE
 INFORMATION AND ASK QUESTIONS ABOUT THE VIDEO AND SURROGACY;
   (B) AN INDEPENDENT HEALTH CARE PROVIDER LICENSED UNDER TITLE EIGHT  OF
 THE  EDUCATION  LAW SHALL PROVIDE THE MEDICAL INFORMATION REQUIRED UNDER
 PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION 581-1002  OF  THIS  PART  IN
 WRITING TO THE POTENTIAL PERSON ACTING AS SURROGATE, REVIEW THE INFORMA-
 TION WITH THE POTENTIAL PERSON ACTING AS SURROGATE, AND ANSWER QUESTIONS
 THE POTENTIAL PERSON ACTING AS SURROGATE MAY HAVE;
   (C)  THE  POTENTIAL PERSON ACTING AS SURROGATE SHALL HAVE A COUNSELING
 SESSION WITH AN INDEPENDENT MENTAL HEALTH  PRACTITIONER  LICENSED  UNDER
 TITLE  EIGHT  OF  THE  EDUCATION  LAW,  WHO SHALL REVIEW THE INFORMATION
 REQUIRED UNDER PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION  581-1002  OF
 THIS  PART.  THE COST OF THE COUNSELING SESSION SHALL BE PAID FOR BY THE
 SURROGACY PROGRAM, FERTILITY CLINIC, OR THE INTENDED PARENT OR  PARENTS,
 AS APPLICABLE;
   (D)  THE  INDEPENDENT  LEGAL  COUNSEL LICENSED TO PRACTICE IN NEW YORK
 STATE WHO REPRESENTS THE PERSON ACTING AS SURROGATE  SHALL  PROVIDE  THE
 LEGAL  INFORMATION  REQUIRED UNDER PARAGRAPH THREE OF SUBDIVISION (D) OF
 SECTION 581-1002 OF THIS PART IN WRITING, INCLUDING THE SURROGATE'S BILL
 OF RIGHTS AND THE BILL OF RIGHTS OF DONOR-CONCEIVED  AND  SURROGATE-BORN
 PEOPLE, AND REVIEW THE INFORMATION;
   (E)  THE POTENTIAL PERSON ACTING AS SURROGATE SHALL VERIFY IN A SIGNED
 RECORD THAT INFORMED MEDICAL AND  LEGAL  CONSENT  PROCEDURES  HAVE  BEEN
 COMPLETED,  THEY  HAD  AN  OPPORTUNITY  TO ASK QUESTIONS, AND THEY FULLY
 UNDERSTAND THE INFORMATION.
   § 581-1006. INFORMED MEDICAL  AND  LEGAL  CONSENT  PROCEDURES  FOR  AN
 INTENDED PARENT OR PARENTS. BEFORE AN INTENDED PARENT OR PARENTS EXECUTE
 S. 7749                            39
 
 A GAMETE DONATION MATCHED AGREEMENT, A GAMETE DONATION AGENCY AGREEMENT,
 OR A SURROGACY AGREEMENT, THE FOLLOWING PROCEDURES MUST BE COMPLETED AND
 DOCUMENTED  IN  ORDER  TO  PROVIDE INFORMED MEDICAL AND LEGAL CONSENT TO
 ENTER INTO THE AGREEMENT:
   (A)  THE  INTENDED PARENT OR PARENTS SHALL WATCH THE VIDEO TUTORIAL OR
 TUTORIALS REQUIRED UNDER SUBDIVISION (A) OF  SECTION  581-1002  OF  THIS
 PART  AND  HAVE  AN OPPORTUNITY TO SPEAK WITH A REPRESENTATIVE TO REVIEW
 THE INFORMATION AND ASK QUESTIONS.
   (B) IF THE INTENDED PARENT OR  PARENTS  ARE  ENTERING  INTO  A  GAMETE
 DONATION  MATCHED  AGREEMENT  OR  A GAMETE DONATION AGENCY AGREEMENT, AN
 INDEPENDENT HEALTH CARE PROVIDER  LICENSED  UNDER  TITLE  EIGHT  OF  THE
 EDUCATION LAW SHALL PROVIDE THE MEDICAL INFORMATION REQUIRED UNDER PARA-
 GRAPH ONE OF SUBDIVISION (E) OF SECTION 581-1002 OF THIS PART IN WRITING
 TO  THE  INTENDED  PARENT  OR  PARENTS,  REVIEW THE INFORMATION WITH THE
 INTENDED PARENT OR PARENTS, AND ANSWER QUESTIONS THE INTENDED PARENT  OR
 PARENTS  MAY HAVE. IF THE INTENDED PARENT OR PARENTS ARE ENTERING INTO A
 SURROGACY AGREEMENT, AN INDEPENDENT HEALTH CARE PROVIDER LICENSED  UNDER
 TITLE  EIGHT  OF THE EDUCATION LAW SHALL PROVIDE THE MEDICAL INFORMATION
 REQUIRED UNDER PARAGRAPH ONE OF SUBDIVISION (F) OF SECTION  581-1002  OF
 THIS  PART  IN  WRITING  TO  THE  INTENDED PARENT OR PARENTS, REVIEW THE
 INFORMATION WITH THE INTENDED PARENT OR PARENTS,  AND  ANSWER  QUESTIONS
 THE INTENDED PARENT OR PARENTS MAY HAVE.
   (C)  IF  THE  INTENDED  PARENT  OR  PARENTS ARE ENTERING INTO A GAMETE
 DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY  AGREEMENT,  THEY
 SHALL  ATTEND  A  COUNSELING  SESSION  WITH AN INDEPENDENT MENTAL HEALTH
 PRACTITIONER LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW, WHO  SHALL
 REVIEW  THE  INFORMATION REQUIRED UNDER PARAGRAPH (2) OF SUBDIVISION (E)
 OF SECTION 581-1002 OF THIS PART WITH THE INTENDED PARENT OR PARENTS. IF
 THE INTENDED PARENT OR PARENTS ARE ENTERING INTO A SURROGACY  AGREEMENT,
 THEY SHALL ATTEND A COUNSELING SESSION WITH AN INDEPENDENT MENTAL HEALTH
 PRACTITIONER  LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW, WHO SHALL
 REVIEW THE INFORMATION REQUIRED UNDER PARAGRAPH TWO OF  SUBDIVISION  (F)
 OF SECTION 581-1002 OF THIS PART.
   (D)  IF  THE  INTENDED  PARENT  OR  PARENTS ARE ENTERING INTO A GAMETE
 DONATION MATCHED AGREEMENT OR A  GAMETE  DONATION  AGENCY  AGREEMENT,  A
 REPRESENTATIVE  SHALL PROVIDE THE LEGAL INFORMATION REQUIRED UNDER PARA-
 GRAPH THREE OF SUBDIVISION (E) OF SECTION 581-1002 OF THIS PART IN WRIT-
 ING TO THE INTENDED PARENT OR PARENTS, INCLUDING THE GAMETE DONOR'S BILL
 OF RIGHTS AND THE BILL OF RIGHTS OF DONOR-CONCEIVED  AND  SURROGATE-BORN
 PEOPLE,  AND  REVIEW THE INFORMATION.  IF THE INTENDED PARENT OR PARENTS
 ARE ENTERING INTO A SURROGACY AGREEMENT, THE INDEPENDENT  LEGAL  COUNSEL
 LICENSED TO PRACTICE IN NEW YORK STATE WHO REPRESENTS THEM SHALL PROVIDE
 THE  LEGAL INFORMATION REQUIRED UNDER PARAGRAPH THREE OF SUBDIVISION (F)
 OF SECTION 581-1002 OF THIS PART IN WRITING TO THE  INTENDED  PARENT  OR
 PARENTS, INCLUDING A COPY OF THE SURROGATE'S BILL OF RIGHTS AND THE BILL
 OF  RIGHTS  OF DONOR-CONCEIVED AND SURROGATE-BORN PEOPLE, AND REVIEW THE
 INFORMATION.
   (E) EACH INTENDED PARENT SHALL VERIFY IN WRITING THAT INFORMED MEDICAL
 AND LEGAL CONSENT PROCEDURES HAVE BEEN COMPLETED, THEY HAD  AN  OPPORTU-
 NITY  TO  ASK  QUESTIONS, AND THEY FULLY UNDERSTAND THE INFORMATION THAT
 WAS PROVIDED.
 
                                  PART 11
                   BILL OF RIGHTS OF DONOR-CONCEIVED AND
                        SURROGATE-BORN INDIVIDUALS
 S. 7749                            40
 
 SECTION 581-1101. APPLICABILITY.
         581-1102. ORIGINAL BIRTH CERTIFICATE.
         581-1103. ACCESS TO NONIDENTIFYING INFORMATION.
         581-1104. ACCESS TO IDENTIFYING INFORMATION.
   §  581-1101.  APPLICABILITY.  THE RIGHTS ENUMERATED IN THIS PART SHALL
 APPLY TO  ANY  DONOR-CONCEIVED  OR  SURROGATE-BORN  INDIVIDUAL  WHO  WAS
 CONCEIVED  BY  ASSISTED REPRODUCTION PURSUANT TO PART FOUR OR PART EIGHT
 OF THIS ARTICLE TO ENSURE THAT ALL INDIVIDUALS HAVE ACCESS TO THE  IDEN-
 TIFYING  AND  MEDICAL  INFORMATION  PERMITTED  BY  NEW YORK STATE LAW OF
 EVERYONE INVOLVED IN THEIR CREATION.
   § 581-1102. ORIGINAL BIRTH CERTIFICATE. (A) FOR  THE PURPOSES OF  THIS
 SECTION,  "ORIGINAL BIRTH CERTIFICATE" MEANS THE UNAMENDED BIRTH CERTIF-
 ICATE THAT CONTAINS THE INFORMATION  REQUIRED  UNDER  SECTION  FORTY-ONE
 HUNDRED  THIRTY-TWO  OF THE PUBLIC HEALTH LAW, INCLUDING THE NAME OF THE
 PERSON WHO ACTED AS SURROGATE WHO GAVE BIRTH TO THE CHILD, AND THE  NAME
 OF  ANY  IDENTIFIED  GAMETE  DONOR  OR THE DONOR REFERENCE NUMBER OF ANY
 NONIDENTIFIED GAMETE DONOR WHOSE GAMETES WERE USED IN  ASSISTED  REPROD-
 UCTION TO CONCEIVE THE CHILD.
   (B) AN INDIVIDUAL WHO IS DONOR-CONCEIVED OR SURROGATE-BORN PURSUANT TO
 PART  FOUR  OR  PART EIGHT OF THIS ARTICLE  HAS THE RIGHT TO OBTAIN UPON
 REQUEST A CERTIFIED COPY OF THEIR ORIGINAL BIRTH CERTIFICATE PURSUANT TO
 SECTION FORTY-ONE HUNDRED THIRTY-EIGHT-E OF THE PUBLIC HEALTH LAW,  ONCE
 THEY TURN EIGHTEEN YEARS OF AGE.
   § 581-1103. ACCESS TO NONIDENTIFYING INFORMATION. AN INDIVIDUAL WHO IS
 DONOR-CONCEIVED  PURSUANT TO PART FOUR OR PART EIGHT OF THIS ARTICLE HAS
 THE RIGHT TO OBTAIN UPON REQUEST NONIDENTIFYING MEDICAL  AND  PSYCHOLOG-
 ICAL  HEALTH  INFORMATION  OF ANY NONIDENTIFIED GAMETE DONOR OR ONCE THE
 INDIVIDUAL TURNS EIGHTEEN YEARS OF AGE, OR A PARENT  OR  LEGAL  GUARDIAN
 MAY  REQUEST  THE INFORMATION IF THE DONOR-CONCEIVED PERSON IS UNDER THE
 AGE OF EIGHTEEN.
   § 581-1104. ACCESS TO IDENTIFYING INFORMATION. (A) AN  INDIVIDUAL  WHO
 IS  DONOR-CONCEIVED  PURSUANT TO PART FOUR OR PART EIGHT OF THIS ARTICLE
 HAS THE RIGHT TO OBTAIN UPON REQUEST IDENTIFYING AND MEDICAL AND PSYCHO-
 LOGICAL HEALTH INFORMATION OF ANY IDENTIFIED GAMETE DONOR  WHO  PROVIDED
 THE  DONOR  GAMETES THAT WERE USED FOR CONCEPTION OF THE INDIVIDUAL ONCE
 THE DONOR-CONCEIVED INDIVIDUAL TURNS EIGHTEEN YEARS OF AGE, OR A  PARENT
 OR  LEGAL  GUARDIAN  MAY  REQUEST THE INFORMATION IF THE DONOR-CONCEIVED
 PERSON IS UNDER THE AGE OF EIGHTEEN.
   (B) AN INDIVIDUAL WHO IS CONCEIVED PURSUANT TO PART FOUR OF THIS ARTI-
 CLE HAS THE RIGHT TO OBTAIN UPON REQUEST  IDENTIFYING  AND  MEDICAL  AND
 PSYCHOLOGICAL  HEALTH  INFORMATION  OF THE PERSON WHO ACTED AS SURROGATE
 AND GAVE BIRTH TO THEM ONCE THE SURROGATE-BORN INDIVIDUAL TURNS EIGHTEEN
 YEARS OF AGE, OR A PARENT OR LEGAL GUARDIAN MAY REQUEST THE  INFORMATION
 IF THE SURROGATE-BORN PERSON IS UNDER THE AGE OF EIGHTEEN.
   §  21.  Subdivision  1 of section 2599-cc of the public health law, as
 added by section 12 of part L of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
   1.  The  commissioner  shall promulgate regulations on the practice of
 gestational surrogacy. Such regulations shall include, but not be limit-
 ed to:
   (a) guidelines and procedures for  obtaining  fully  informed  consent
 from  potential  persons acting as surrogates, AND FROM INTENDED PARENTS
 TO ENTER INTO A SURROGACY AGREEMENT UNDER PART FOUR OF ARTICLE FIVE-C OF
 THE FAMILY COURT ACT, including but not limited to [a full disclosure of
 any known or potential health risks and mental health impacts associated
 S. 7749                            41

 with acting as a surrogate] THE PROCEDURE AND  REQUIREMENTS  UNDER  PART
 TEN OF ARTICLE FIVE-C OF THE FAMILY COURT ACT;
   (b)  the  development  and  distribution,  in  printed form and on the
 department's website, of informational material relating to  gestational
 surrogacy,  INCLUDING  BUT  NOT  LIMITED  TO  THE  SCOPE  OF INFORMATION
 PROVIDED ON THE WEBSITE OF THE HUMAN FERTILISATION & EMBRYOLOGY AUTHORI-
 TY OF THE UNITED KINGDOM;
   (c) the establishment of [a voluntary] THE central [tracking] ASSISTED
 REPRODUCTION registry of REQUIRED INFORMATION RELATED TO persons  acting
 as surrogates AND SURROGACY, as reported by surrogacy programs, FERTILI-
 TY  CLINICS,  AND  OTHER  DESIGNATED ENTITIES licensed by the department
 pursuant to article forty-four of the general  business  law  [upon  the
 affirmative  consent  of  a  person  acting as surrogate]. Such registry
 shall provide a means for gathering and maintaining accurate information
 on the:
   (i)  IDENTIFYING INFORMATION OF AND CONTACT  INFORMATION  FOR  PERSONS
 WHO ACT AS SURROGATES;
   (II) number of times a person has acted as a surrogate;
   [(ii)] (III)  MEDICAL HISTORY AND OPTIONAL SELF-REPORTED health infor-
 mation [of] UPDATES PROVIDED BY the person acting as surrogate; [and]
   (IV) MEDICAL INFORMATION AND OUTCOMES OF THE SURROGATE  PREGNANCY  AND
 BIRTH;
   (V) HEALTH INFORMATION OF CHILDREN BORN PURSUANT TO A SURROGACY AGREE-
 MENT; AND
   [(iii)] (VI) other information deemed appropriate by the commissioner;
   (d) the development of guidelines, procedures or protocols, in consul-
 tation with the American college of obstetricians and gynecologists [and
 the American society for reproductive medicine,] to assist physicians in
 screening potential surrogates for their ability to serve as a surrogate
 as  required  under  [subdivision]  PARAGRAPH four of SUBDIVISION (A) OF
 section 581-402 of the family court act including taking into  consider-
 ation  the potential surrogates family medical history and complications
 from prior pregnancies and known health conditions that may pose a  risk
 to  the  potential  surrogate during pregnancy [and], INCLUDING, BUT NOT
 LIMITED TO THE FOLLOWING CRITERIA  THAT  WOULD  DISQUALIFY  A  POTENTIAL
 PERSON  ACTING  AS  SURROGATE  FROM  ENTERING INTO A SURROGACY AGREEMENT
 UNDER PART FOUR OF ARTICLE FIVE-C OF THE FAMILY COURT ACT:  WHETHER  THE
 POTENTIAL  PERSON  ACTING AS SURROGATE MEETS ANY OF THE AMERICAN COLLEGE
 OF OBSTETRICIANS AND GYNECOLOGISTS  (ACOG)  MEDICAL  AND  MENTAL  HEALTH
 CRITERIA FOR HIGH-RISK PREGNANCY;
   (e) THE DEVELOPMENT OF BEST MEDICAL PRACTICES TO PROTECT THE HEALTH OF
 PERSONS  ACTING  AS  SURROGATES  AND  SURROGATE-BORN CHILDREN, INCLUDING
 REQUIRING THAT HEALTH CARE PROVIDERS LICENSED UNDER TITLE EIGHT  OF  THE
 EDUCATION LAW SHALL COUNSEL PERSONS ACTING AS SURROGATES ABOUT IMMUNIZA-
 TIONS  IN  ACCORDANCE WITH BEST MEDICAL PRACTICE. IMMUNIZATIONS SHALL BE
 ADMINISTERED ONLY UPON THE REQUEST OF THE PERSON ACTING AS SURROGATE;
   (F) the development of guidance to reduce conflicts of interest  among
 physicians providing health care services to the surrogate[.]; AND
   (G)  PROCEDURES FOR A SURROGACY PROGRAM, ASSISTED REPRODUCTION SERVICE
 PROVIDER, OR OTHER ENTITY TO DETERMINE THE ELIGIBILITY  OF  A  POTENTIAL
 PERSON ACTING AS SURROGATE TO ENTER INTO A SURROGACY AGREEMENT, PURSUANT
 TO PART FOUR OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
   § 22.  The  public  health  law is amended by adding four new sections
 2599-dd, 2599-ee, 2599-ff and 2599-gg to read as follows:
   § 2599-DD. GAMETE DONATION. THE COMMISSIONER, IN CONSULTATION WITH THE
 TRANSPLANT COUNCIL OR THE TASK FORCE ON LIFE AND THE LAW, SHALL  PROMUL-
 S. 7749                            42
 
 GATE REGULATIONS ON GAMETE DONATION. SUCH REGULATIONS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   1.  GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED MEDICAL AND
 LEGAL CONSENT, INCLUDING BUT NOT LIMITED TO THE PROCEDURES AND  REQUIRE-
 MENTS UNDER PART TEN OF ARTICLE FIVE-C OF THE FAMILY COURT ACT, FROM:
   (A)  A  POTENTIAL  GAMETE  DONOR  AND AN INTENDED PARENT OR PARENTS TO
 ENTER INTO A GAMETE DONATION MATCHED AGREEMENT; AND
   (B) A POTENTIAL GAMETE DONOR OR AN INTENDED PARENT OR PARENTS TO ENTER
 INTO A GAMETE DONATION AGENCY AGREEMENT.
   2. THE DEVELOPMENT AND  DISTRIBUTION,  IN  PRINTED  FORM  AND  ON  THE
 DEPARTMENT   WEBSITE,  OF  INFORMATIONAL  MATERIAL  RELATING  TO  GAMETE
 DONATION, INCLUDING BUT NOT LIMITED TO THE SCOPE OF INFORMATION PROVIDED
 ON THE WEBSITE OF THE HUMAN FERTILISATION & EMBRYOLOGY AUTHORITY OF  THE
 UNITED KINGDOM.
   3.  THE ESTABLISHMENT OF THE CENTRAL ASSISTED REPRODUCTION REGISTRY OF
 REQUIRED  INFORMATION  RELATED  TO  OVA  AND  SPERM  DONORS  AND  GAMETE
 DONATION, AS REPORTED BY AGENTS, GAMETE AGENCIES, GAMETE BANKS, SURROGA-
 CY  PROGRAMS,  FERTILITY  CLINICS, AND HEALTH CARE PROVIDERS LICENSED BY
 THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF  THE  GENERAL  BUSINESS
 LAW.  SUCH  REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING
 ACCURATE INFORMATION ON:
   (A) IDENTIFYING INFORMATION OF  AND  CONTACT  INFORMATION  FOR  GAMETE
 DONORS,  PROVIDED  THAT A NONIDENTIFIED GAMETE DONOR UPON REQUEST MAY BE
 LISTED BY A REFERENCE NUMBER;
   (B) THE NUMBER OF TIMES AN EGG  DONOR  HAS  UNDERGONE  OVARIAN  STIMU-
 LATION, INCLUDING FOR PURPOSES OF EGG FREEZING;
   (C)  MEDICAL  HISTORY  AND  OPTIONAL  SELF-REPORTED HEALTH INFORMATION
 UPDATES PROVIDED BY THE GAMETE DONOR;
   (D) HEALTH INFORMATION OF DONOR-CONCEIVED PERSONS;
   (E) NUMBER OF DONOR-CONCEIVED PERSONS BORN IN NEW YORK STATE USING THE
 GAMETES OF EACH EGG AND SPERM DONOR; AND
   (F) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
   4. THE DEVELOPMENT OF GUIDELINES, PROCEDURES OR PROTOCOLS, IN  CONSUL-
 TATION  WITH  THE  TRANSPLANT  COUNCIL OR THE TASK FORCE ON LIFE AND THE
 LAW, TO ASSIST PHYSICIANS LICENSED UNDER TITLE EIGHT  OF  THE  EDUCATION
 LAW  WHEN SCREENING POTENTIAL GAMETE DONORS FOR THEIR ABILITY TO PRODUCE
 GAMETES FOR USE IN ASSISTED REPRODUCTION PURSUANT TO A  GAMETE  DONATION
 MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT PURSUANT TO PART
 EIGHT  OF  ARTICLE FIVE-C OF THE FAMILY COURT ACT, INCLUDING TAKING INTO
 CONSIDERATION THE POTENTIAL GAMETE DONOR'S FAMILY  MEDICAL  HISTORY  AND
 MEDICAL  COMPLICATIONS  FROM  PRIOR  CYCLES  OF  OVARIAN STIMULATION AND
 OOCYTE RETRIEVAL AND KNOWN HEALTH CONDITIONS THAT MAY POSE A RISK TO THE
 POTENTIAL GAMETE DONOR OR ANY DONOR-CONCEIVED  PERSONS,  INCLUDING,  BUT
 NOT  LIMITED TO THE FOLLOWING CRITERIA THAT WOULD DISQUALIFY A POTENTIAL
 GAMETE DONOR FROM ENTERING INTO A GAMETE DONATION MATCHED AGREEMENT OR A
 GAMETE DONATION AGENCY AGREEMENT UNDER PART EIGHT OF  THE  FAMILY  COURT
 ACT:
   (A)  A POTENTIAL EGG DONOR HAS ANY MEDICAL CONDITIONS INDICATED BY THE
 AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS  (ACOG)  THAT  PLACE
 INDIVIDUALS AT RISK OF OVARIAN HYPERSTIMULATION;
   (B) A POTENTIAL EGG DONOR HAS PREVIOUSLY UNDERGONE OVARIAN STIMULATION
 MORE THAN SIX TIMES, INCLUDING FOR PURPOSES OF EGG FREEZING; OR
   (C) A POTENTIAL EGG DONOR HAS PREVIOUSLY EXPERIENCED OVARIAN HYPERSTI-
 MULATION SYNDROME (OHSS), POLYCYSTIC OVARIAN SYNDROME (PCOS), OR ENDOME-
 TRIOSIS.
 S. 7749                            43
 
   5.  THE DEVELOPMENT OF BEST MEDICAL PRACTICES TO PROTECT THE HEALTH OF
 EGG DONORS AND DONOR-CONCEIVED PERSONS, INCLUDING BUT NOT LIMITED TO:
   (A)  CONSERVATIVE  LOW  STIMULATION  MEDICATION  PROTOCOLS  AIMING  TO
 PRODUCE NO MORE THAN TWENTY TO TWENTY-FIVE EGGS IN  A  SINGLE  CYCLE  IN
 COMPLIANCE WITH BEST MEDICAL PRACTICE;
   (B) AN EGG RETRIEVAL CYCLE SHALL BE CANCELED, IF NECESSARY, IN ACCORD-
 ANCE  WITH  BEST  MEDICAL  PRACTICE  TO  AVOID  OVARIAN HYPERSTIMULATION
 SYNDROME; AND
   (C) THERE SHALL BE A MINIMUM OF THREE MONTHS AFTER AN EGG DONOR UNDER-
 GOES OOCYTE RETRIEVAL BEFORE THE EGG DONOR ENTERS INTO A GAMETE DONATION
 MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT.
   6. PROCEDURES FOR AN AGENT,  GAMETE  AGENCY,  GAMETE  BANK,  SURROGACY
 PROGRAM,  FERTILITY  CLINIC,  OR  HEALTH CARE PROVIDER TO DETERMINE IF A
 POTENTIAL EGG DONOR IS ELIGIBLE TO ENTER INTO A GAMETE DONATION  MATCHED
 AGREEMENT  OR  A GAMETE DONATION AGENCY AGREEMENT, UNDER SUBDIVISION (A)
 OF SECTION 581-803 OF THE FAMILY  COURT  ACT,  INCLUDING  PROCEDURES  TO
 VERIFY  THE  APPROXIMATE  NUMBER  OF  DONOR-CONCEIVED CHILDREN THAT HAVE
 ALREADY BEEN BORN IN NEW YORK STATE USING ASSISTED REPRODUCTION AND  THE
 GAMETES OF THE POTENTIAL EGG OR SPERM DONOR.
   § 2599-EE. NEW YORK STATE ART, GAMETE DONATION, AND GESTATIONAL SURRO-
 GACY  PROGRAM.  1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE
 NEW YORK STATE ART, GAMETE DONATION, AND GESTATIONAL SURROGACY  PROGRAM,
 HEREINAFTER REFERRED TO AS "THE PROGRAM".
   2. THE PROGRAM SHALL BE RESPONSIBLE FOR THE FOLLOWING DUTIES:
   (A)  ADMINISTER THE CENTRAL ASSISTED REPRODUCTION REGISTRY AND PROCESS
 REQUESTS FROM AUTHORIZED INDIVIDUALS FOR NONIDENTIFYING MEDICAL INFORMA-
 TION OF NONIDENTIFIED GAMETE DONORS AND IDENTIFYING AND MEDICAL INFORMA-
 TION OF IDENTIFIED GAMETE DONORS AND PERSONS ACTING AS SURROGATES;
   (B) MAINTAIN COPIES OF  GAMETE  DONATION  MATCHED  AGREEMENTS,  GAMETE
 DONATION  AGENCY  AGREEMENTS,  AND  SURROGACY  AGREEMENTS ALONG WITH ALL
 REQUIRED RECORDS AND DOCUMENTS IN A MANNER THAT PROTECTS CONFIDENTIALITY
 AND PRIVACY OF INFORMATION;
   (C) DEVELOP PRINT AND ELECTRONIC MATERIALS WITH  EDUCATIONAL  INFORMA-
 TION, CURRENT BEST PRACTICES, AND RESEARCH FINDINGS ON TOPICS RELATED TO
 ASSISTED REPRODUCTIVE TECHNOLOGY, GAMETE DONATION, AND SURROGACY; AND
   (D)  DEVELOP  THE  CONTENT AND MAINTAIN A WEBSITE WITH INFORMATION AND
 RESOURCES ON ASSISTED REPRODUCTION, GAMETE DONATION, AND SURROGACY UNDER
 SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED NINETY-NINE-CC AND SUBDI-
 VISION TWO OF SECTION TWENTY-FIVE HUNDRED NINETY-NINE-DD OF  THIS  ARTI-
 CLE.
   3.  (A)  THE PROGRAM SHALL PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND
 PROPOSE SUCH RULES, REGULATIONS AND ORDERS AS IT MAY DEEM  NECESSARY  OR
 PROPER TO FULLY EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   (B)  THE PROGRAM SHALL HAVE THE POWER TO PROMULGATE ANY AND ALL NECES-
 SARY RULES  AND  REGULATIONS  GOVERNING  ASSISTED  REPRODUCTION,  GAMETE
 DONATION, AND SURROGACY, PRACTICES IN THIS STATE.
   4.  THE TASK FORCE ON LIFE AND THE LAW SHALL ACT AS ADVISORY BOARD FOR
 THE PROGRAM. THE ADVISORY BOARD SHALL CONSIDER ALL MATTERS SUBMITTED  TO
 IT  BY THE PROGRAM, INCLUDING RULEMAKING, ADVISING THE OFFICE AND LEGIS-
 LATURE ON ASSISTED REPRODUCTION, GAMETE DONATION, AND  SURROGACY,  PRAC-
 TICES AND ISSUES.
   5.  THE  ACTION,  PROCEEDINGS,  AUTHORITY, AND ORDERS OF THE OFFICE IN
 ENFORCING THE PROVISIONS OF THIS ARTICLE AND APPLYING THEM  TO  SPECIFIC
 CASES  SHALL  AT  ALL  TIMES BE REGARDED AS IN THEIR NATURE JUDICIAL AND
 SHALL BE TREATED AS PRIMA FACIE JUST AND LEGAL.
 S. 7749                            44
 
   § 2599-FF. CENTRAL ASSISTED REPRODUCTION  REGISTRY.  1.  THE  OVA  AND
 SPERM  DONOR  REGISTRY AND THE SURROGATE REGISTRY SHALL BE KNOWN COLLEC-
 TIVELY AS THE CENTRAL ASSISTED REPRODUCTION REGISTRY.
   2.  THE  PROGRAM  SHALL  ADMINISTER  THE CENTRAL ASSISTED REPRODUCTION
 REGISTRY.
   3. THE FOLLOWING INDIVIDUALS,  SURROGACY  PROGRAMS,  ASSISTED  REPROD-
 UCTION SERVICE PROVIDERS, AND OTHER ENTITIES ARE REQUIRED TO REGISTER:
   (A)  A  POTENTIAL  PERSON  ACTING  AS SURROGATE WHO IS ENTERING INTO A
 SURROGACY AGREEMENT PURSUANT TO PART FOUR OF ARTICLE FIVE-C OF THE FAMI-
 LY COURT ACT;
   (B) A POTENTIAL GAMETE DONOR ENTERING INTO A GAMETE  DONATION  MATCHED
 AGREEMENT  OR  A GAMETE DONATION AGENCY AGREEMENT PURSUANT TO PART EIGHT
 OF ARTICLE FIVE-C OF THE FAMILY COURT ACT;
   (C) AN INTENDED PARENT OR PARENTS ENTERING INTO A SURROGACY  AGREEMENT
 PURSUANT TO PART FOUR OF ARTICLE FIVE-C OF THE FAMILY COURT ACT; AND
   (D)  A  LICENSED AGENT, GAMETE AGENCY, SURROGACY PROGRAM, GAMETE BANK,
 FERTILITY CLINIC, OR A HEALTH CARE PROVIDER THAT  PROVIDES  MATCHING  OR
 RECRUITMENT  SERVICES  OR  SERVICES  CONTEMPLATED  BY  A GAMETE DONATION
 MATCHED AGREEMENT, A GAMETE DONATION AGENCY AGREEMENT,  OR  A  SURROGACY
 AGREEMENT;
   4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ON THE FOLLOWING:
   (A)  REGISTRATION  PROCEDURES FOR THE INDIVIDUALS, SURROGACY PROGRAMS,
 ASSISTED REPRODUCTION SERVICE PROVIDERS  AND  OTHER  ENTITIES  THAT  ARE
 REQUIRED  TO  REGISTER  WITH  THE CENTRAL ASSISTED REPRODUCTION REGISTRY
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
   (B) PROCEDURES FOR A GAMETE DONOR, A PERSON WHO  ACTED  AS  SURROGATE,
 AND A DONOR-CONCEIVED OR SURROGATE-BORN INDIVIDUAL, OR A PARENT OR LEGAL
 GUARDIAN  IF  THE  DONOR-CONCEIVED OR SURROGATE-BORN PERSON IS UNDER THE
 AGE OF EIGHTEEN TO PROVIDE  OPTIONAL  SELF-REPORTED  HEALTH  INFORMATION
 UPDATES TO THE CENTRAL ASSISTED REPRODUCTION REGISTRY;
   (C) PROCEDURES FOR A DONOR-CONCEIVED OR A SURROGATE-BORN INDIVIDUAL TO
 REQUEST  UPON  ATTAINING  EIGHTEEN  YEARS  OF AGE NONIDENTIFYING MEDICAL
 INFORMATION OF A NONIDENTIFIED GAMETE DONOR WHO PROVIDED DONOR  EGGS  OR
 SPERM  THAT  WERE  USED  FOR  ASSISTED REPRODUCTION FOR THEIR CONCEPTION
 PURSUANT TO PART FOUR OR PART EIGHT OF  ARTICLE  FIVE-C  OF  THE  FAMILY
 COURT  ACT, OR FOR A PARENT OR LEGAL GUARDIAN TO REQUEST THE INFORMATION
 IF THE DONOR-CONCEIVED OR SURROGATE-BORN PERSON  IS  UNDER  THE  AGE  OF
 EIGHTEEN;
   (D) PROCEDURES FOR A DONOR-CONCEIVED OR A SURROGATE-BORN INDIVIDUAL TO
 REQUEST  UPON  ATTAINING  EIGHTEEN  YEARS OF AGE IDENTIFYING AND MEDICAL
 INFORMATION OF AN IDENTIFIED GAMETE DONOR WHO  PROVIDED  DONOR  EGGS  OR
 SPERM  THAT  WERE  USED  FOR  ASSISTED REPRODUCTION FOR THEIR CONCEPTION
 PURSUANT TO PART FOUR OR PART EIGHT OF  ARTICLE  FIVE-C  OF  THE  FAMILY
 COURT  ACT, OR FOR A PARENT OR LEGAL GUARDIAN TO REQUEST THE INFORMATION
 IF THE DONOR-CONCEIVED OR SURROGATE-BORN PERSON  IS  UNDER  THE  AGE  OF
 EIGHTEEN;
   (E) PROCEDURES FOR A SURROGATE-BORN INDIVIDUAL UPON ATTAINING EIGHTEEN
 YEARS  OF  AGE  TO  REQUEST  IDENTIFYING  AND MEDICAL INFORMATION OF THE
 PERSON WHO ACTED AS SURROGATE AND GAVE BIRTH TO THEM  PURSUANT  TO  PART
 FOUR OF ARTICLE FIVE-C OF THE FAMILY COURT ACT, OR FOR A PARENT OR LEGAL
 GUARDIAN  TO  REQUEST  THE  INFORMATION  IF THE SURROGATE-BORN PERSON IS
 UNDER THE AGE OF EIGHTEEN; AND
   (F) PROCEDURES TO REQUEST NONIDENTIFYING HEALTH INFORMATION  FROM  THE
 CENTRAL  ASSISTED  REPRODUCTION  REGISTRY  FOR PURPOSES OF PUBLIC HEALTH
 RESEARCH.
 S. 7749                            45
 
   5. THE CENTRAL ASSISTED REPRODUCTION REGISTRY  SHALL  BE  OPERATED  BY
 EMPLOYEES OF THE DEPARTMENT SPECIFICALLY DESIGNATED BY THE COMMISSIONER.
 ACCESS  TO  ALL RECORDS AND INFORMATION IN THE REGISTRY SHALL BE LIMITED
 TO SUCH DESIGNATED EMPLOYEES AND SUCH RECORDS AND INFORMATION  SHALL  BE
 KEPT STRICTLY CONFIDENTIAL EXCEPT AS SPECIFICALLY AUTHORIZED BY LAW. THE
 COMMISSIONER  SHALL ESTABLISH RULES AND PROCEDURES DESIGNED TO KEEP SUCH
 RECORDS AND INFORMATION SEPARATE AND APART FROM  OTHER  RECORDS  OF  THE
 DEPARTMENT  AND KEPT IN A MANNER WHERE ACCESS TO SUCH RECORDS AND INFOR-
 MATION IS STRICTLY  LIMITED  TO  SUCH  DESIGNATED  EMPLOYEES  AND  SHALL
 PROMULGATE  REGULATIONS  DESIGNED  TO  EFFECTUATE  THE  PURPOSES OF THIS
 SECTION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  CHAPTER  OR
 ANY OTHER LAW TO THE CONTRARY, THE COMMISSIONER SHALL HAVE ACCESS TO THE
 INFORMATION AUTHORIZED TO BE RELEASED PURSUANT TO THIS SECTION CONTAINED
 IN  SURROGACY  AGREEMENTS, GAMETE DONATION AGREEMENTS, AND CLINICAL DATA
 MAINTAINED BY THE NEW YORK STATE ART, GAMETE DONATION,  AND  GESTATIONAL
 SURROGACY PROGRAM AND ANY AGENCY, COURT OR DEPARTMENT HAVING APPROPRIATE
 RECORDS WHICH WILL ENABLE THE COMMISSIONER TO EFFECTUATE THE PURPOSES OF
 THIS  SECTION  AND  MAY REQUIRE THE COOPERATION OF SUCH AGENCY, COURT OR
 DEPARTMENT IN PROVIDING THE INFORMATION AUTHORIZED TO BE RELEASED PURSU-
 ANT TO THIS SECTION, PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL  NOT
 HAVE  ACCESS  TO  THE  ACTUAL RECORDS OF ANY AGENCY, COURT OR DEPARTMENT
 MAINTAINING SUCH RECORDS.
   § 2599-GG.  GAMETE  DONATION,  ASSISTED  REPRODUCTION,  AND  SURROGACY
 REPORTING REQUIREMENTS. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ON
 GAMETE  DONATION,  ASSISTED REPRODUCTION, AND SURROGACY REPORTING PROCE-
 DURES AND REQUIREMENTS. SUCH  REGULATIONS  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED TO:
   1.  REPORTING  REQUIREMENTS  FOR  SURROGACY PROGRAMS, ASSISTED REPROD-
 UCTION SERVICE PROVIDERS, HEALTH CARE  PROVIDERS,  OTHER  ENTITIES  THAT
 PROVIDE  SERVICES  CONTEMPLATED UNDER PART FOUR OR PART EIGHT OF ARTICLE
 FIVE-C OF THE FAMILY COURT ACT, AND STATE OR LOCAL DEPARTMENTS OF HEALTH
 INFORMATION AND OUTCOMES RELATED TO GAMETE  DONATION,  ASSISTED  REPROD-
 UCTION,  AND  SURROGACY  TO  THE CENTRAL ASSISTED REPRODUCTION REGISTRY,
 INCLUDING THE FOLLOWING:
   (A) GAMETE DONATION DATA, INCLUDING:
   (I) THE NAME, CONTACT INFORMATION, AGE,  AND  SEX  OR  GENDER  OF  THE
 GAMETE DONOR;
   (II) THE DONOR SCREENING RESULTS;
   (III)  THE  NAME  OF  ANY AGENT, GAMETE AGENCY, GAMETE BANK, SURROGACY
 PROGRAM, FERTILITY CLINIC, AND HEALTH CARE  PRACTITIONER  THAT  PROVIDED
 MATCHING SERVICES, IF APPLICABLE, AND THAT COLLECTED THE DONOR GAMETES;
   (IV) MEDICATION AND OOCYTE RETRIEVAL PROTOCOLS;
   (V)  EGG  RETRIEVAL  CYCLE  OR  SPERM DONATION OUTCOMES, INCLUDING ANY
 ADVERSE REACTIONS OR HEALTH COMPLICATIONS EXPERIENCED BY THE EGG  DONOR,
 THE  NUMBER  AND  QUALITY  OF  OOCYTES  RETRIEVED,  THE QUALITY OF SPERM
 PRODUCED, INSEMINATION AND EMBRYO INCUBATION PROTOCOLS, AND  THE  NUMBER
 AND QUALITY OF EMBRYOS, AS APPLICABLE; AND
   (VI) ANY RESULTING CLINICAL PREGNANCY AND DONOR-CONCEIVED PERSON BORN.
   (B) SURROGACY DATA:
   (I)  NAME, CONTACT INFORMATION, AND AGE OF THE PERSON ACTING AS SURRO-
 GATE, AND NAME  AND  CONTACT  INFORMATION  OF  THE  INTENDED  PARENT  OR
 PARENTS;
   (II) THE SCREENING RESULTS OF THE PERSON ACTING AS SURROGATE;
   (III)  THE NAME OF ANY SURROGACY PROGRAM, AND FERTILITY CLINIC, HEALTH
 CARE PROVIDER, AND OTHER  ENTITY  THAT  PROVIDED  MATCHING  SERVICES  OR
 ASSISTED REPRODUCTION SERVICES CONTEMPLATED BY THE SURROGACY AGREEMENT;
 S. 7749                            46

   (IV) MEDICATION AND EMBRYO TRANSFER PROTOCOLS;
   (V) EMBRYO TRANSFER CYCLE OUTCOMES, INCLUDING ANY ADVERSE REACTIONS OR
 HEALTH  COMPLICATIONS EXPERIENCED BY THE PERSON ACTING AS SURROGATE, THE
 NUMBER OF EMBRYOS TRANSFERRED, AND IF CLINICAL PREGNANCY WAS ACHIEVED;
   (VI) THE NUMBER OF  FETUSES  CARRIED,  AND  ANY  HEALTH  COMPLICATIONS
 DURING THE SURROGATE PREGNANCY AND DELIVERY, AS APPLICABLE; AND
   (VII) THE NUMBER OF ANY RESULTING CHILDREN BORN AND ANY HEALTH COMPLI-
 CATIONS.
   2.  REPORTING  PROCEDURES  AND  PROTOCOL  TO ENSURE CONFIDENTIALITY OF
 HEALTH INFORMATION.
   3. PENALTIES FOR AGENTS, GAMETE AGENCIES, SURROGACY  PROGRAMS,  GAMETE
 BANKS,  AND FERTILITY CLINICS, AND HEALTH CARE PRACTITIONERS LICENSED BY
 THE DEPARTMENT FOR VIOLATING REPORTING REQUIREMENTS, TO  INCLUDE  FINAN-
 CIAL PENALTIES AND LOSS OF LICENSURE.
   §  23. Subdivision (c) of section 1400 of the general business law, as
 added by section 11 of part L of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
   (c)  "Surrogacy  program"  does  not  include any party to a surrogacy
 agreement or any person licensed to  practice  law  and  representing  a
 party to the surrogacy agreement, but does include and is not limited to
 any  agency,  agent,  business,  or individual engaged in, arranging, or
 facilitating transactions contemplated by a surrogacy agreement, regard-
 less of whether such agreement ultimately comports with the requirements
 of PART FOUR OF article five-C of the family court act.
   § 24. Section 1401 of the general business law, as added by section 11
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   §    1401. Surrogacy   programs  regulated  under  this  article.  The
 provisions of this article apply to NEW YORK STATE LICENSED  AND  REGIS-
 TERED  surrogacy programs arranging or facilitating transactions contem-
 plated by a surrogacy agreement under part four of article five-C of the
 family court act if:
   (a) The surrogacy program does business in New York state;
   (b) A person acting as surrogate who is party to a surrogacy agreement
 resides in New York state during the term of the surrogacy agreement; or
   (c) Any medical procedures under the surrogacy agreement are performed
 in New York state.
   § 25. Section 1402 of the general business law, as added by section 11
 of part L of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   §   1402. Assisted reproduction service providers regulated under this
 article. The provisions of this article apply to  agents,  GAMETE  AGEN-
 CIES,  gamete  banks, fertility clinics, HEALTH CARE PROVIDERS and other
 entities if:
   1. The agent, GAMETE AGENCY, gamete  bank,  fertility  clinic,  HEALTH
 CARE PROVIDER, or other entity does business in this state, INCLUDING:
   (A)  RECRUITING  OR MATCHING GAMETE DONORS WHO ARE LOCATED IN OR RESI-
 DENTS OF NEW YORK STATE, OR MATCHING GAMETE DONORS WITH INTENDED PARENTS
 WHO ARE LOCATED IN OR RESIDENTS OF NEW YORK STATE; OR
   (B) COLLECTING GAMETES FROM GAMETE DONORS WHO ARE LOCATED IN OR  RESI-
 DENTS OF NEW YORK STATE; OR
   (C)  DISTRIBUTING DONOR GAMETES TO INTENDED PARENTS WHO ARE LOCATED IN
 OR RESIDENTS OF NEW YORK STATE; or
   2. Any health care services performed, provided or otherwise  arranged
 by  the  entity  are  performed  in  this  state,  INCLUDING DIAGNOSTIC,
 MEDICAL, OR SURGICAL SERVICES ASSOCIATED WITH SCREENING POTENTIAL GAMETE
 S. 7749                            47
 
 DONORS OR IN FURTHERANCE OF COLLECTING DONOR GAMETES UNDER PART FOUR  OR
 PART EIGHT OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
   §  26.  Section 1403 of the general business law is renumbered section
 1409 and subdivision (g), as added by section 11 of part L of chapter 56
 of the laws of 2020, is amended to read as follows:
   (g) Shall ensure that all potential parties to a surrogacy  agreement,
 at  the  time  of consultation with such surrogacy program, are provided
 with written notice of the surrogates' bill of rights enumerated in part
 six, THE GAMETE DONOR'S BILL OF RIGHTS ENUMERATED IN PART NINE  AND  THE
 BILL OF RIGHTS OF DONOR-CONCEIVED AND SURROGATE-BORN INDIVIDUALS ENUMER-
 ATED IN PART ELEVEN of article five-C of the family court act.
   §  27.  Section 1404 of the general business law is renumbered section
 1410 and subdivision 1, as added by section 11 of part L of  chapter  56
 of the laws of 2020, is amended to read as follows:
   1.  The  department  of health, in consultation with the department of
 financial services, shall promulgate rules and regulations to  implement
 the  requirements  of  this  article  regarding  surrogacy  programs and
 assisted reproduction service providers in a  manner  that  ensures  the
 safety  and health of gamete [providers and], DONORS, persons serving as
 surrogates, DONOR-CONCEIVED INDIVIDUALS, AND SURROGATE-BORN INDIVIDUALS.
 Such regulations shall:
   (a) Require AGENTS, GAMETE AGENCIES, surrogacy  programs  [to  monitor
 compliance  with  surrogacy  agreements  eligibility and requirements in
 state law], GAMETE BANKS, FERTILITY CLINICS, HEALTH  CARE  PRACTITIONERS
 AND  OTHER ENTITIES THAT RECRUIT OR MATCH GAMETE DONORS, OR THAT COLLECT
 DONOR GAMETES TO MAKE PUBLICLY AVAILABLE A COMPENSATION LIST FOR  GAMETE
 DONATION  THAT  IS ACCESSIBLE TO GAMETE DONORS AND THE GENERAL PUBLIC ON
 THE ENTITY'S WEBSITE AND IN PRINT; [and]
   (b) Require [the surrogacy programs and assisted reproduction  service
 providers  to  administer  informed  consent procedures that comply with
 regulations promulgated by the department of health under section  twen-
 ty-five hundred ninety-nine-cc of the public health law.] AGENTS, GAMETE
 AGENCIES,  SURROGACY  PROGRAMS,  GAMETE BANKS, FERTILITY CLINICS, HEALTH
 CARE PRACTITIONERS, AND OTHER ENTITIES, TO ADVERTISE AND MAKE  REPRESEN-
 TATIONS OF GAMETE DONATION PURSUANT TO SECTION FOURTEEN HUNDRED EIGHT OF
 THIS PART;
   (C) REQUIRE AGENTS, GAMETE AGENCIES, SURROGACY PROGRAMS, GAMETE BANKS,
 FERTILITY  CLINICS,  HEALTH  CARE  PRACTITIONERS,  AND OTHER ENTITIES TO
 COVER THE COST OF  MEDICAL  AND  PSYCHOLOGICAL  SCREENING  OF  POTENTIAL
 GAMETE DONORS. GAMETE DONORS AND INTENDED PARENTS MAY NOT BE REQUIRED TO
 COVER OR REIMBURSE SUCH SCREENING COSTS;
   (D) REQUIRE AGENTS, GAMETE AGENCIES, SURROGACY PROGRAMS, GAMETE BANKS,
 FERTILITY  CLINICS,  HEALTH  CARE  PRACTITIONERS AND OTHER ENTITIES THAT
 DISTRIBUTE DONOR GAMETES TO AN INTENDED PARENT OR PARENTS LOCATED IN  OR
 WHO  ARE RESIDENTS OF NEW YORK STATE FOR USE IN ASSISTED REPRODUCTION TO
 TRACK AND REPORT THE NUMBER OF DONOR-CONCEIVED PERSONS BORN IN NEW  YORK
 STATE USING THE GAMETES OF EACH DONOR WHO ENTERED INTO A GAMETE DONATION
 MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT UNDER PART EIGHT
 OF  ARTICLE  FIVE-C  OF  THE  FAMILY  COURT  ACT TO THE CENTRAL ASSISTED
 REPRODUCTION REGISTRY;
   (E) REQUIRE SURROGACY PROGRAMS TO MONITOR  COMPLIANCE  WITH  SURROGACY
 AGREEMENTS ELIGIBILITY AND REQUIREMENTS IN STATE LAW;
   (F)  REQUIRE  SURROGACY  PROGRAMS  AND  ASSISTED  REPRODUCTION SERVICE
 PROVIDERS TO ADMINISTER INFORMED MEDICAL AND  LEGAL  CONSENT  PROCEDURES
 THAT  COMPLY WITH PART TEN OF ARTICLE FIVE-C OF THE FAMILY COURT ACT AND
 S. 7749                            48
 
 WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH  UNDER  SECTION
 TWENTY-FIVE HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW;
   (G) REQUIRE SURROGACY PROGRAMS, FERTILITY CLINICS, HEALTH CARE PRACTI-
 TIONERS, AND OTHER ENTITIES THAT RECRUIT PERSONS ACTING AS SURROGATES TO
 TRACK AND REPORT THE NUMBER OF CHILDREN DELIVERED PURSUANT TO A SURROGA-
 CY  AGREEMENT BY EACH PERSON ACTING AS SURROGATE TO THE CENTRAL ASSISTED
 REPRODUCTION REGISTRY; AND
   (H) REQUIRE SURROGACY PROGRAMS, AGENTS, GAMETE AGENCIES, GAMETE BANKS,
 FERTILITY CLINICS, HEALTH CARE PRACTITIONERS, AND  OTHER  ENTITIES  THAT
 PROVIDE  SERVICES  CONTEMPLATED  BY  GAMETE DONATION MATCHED AGREEMENTS,
 GAMETE DONATION AGENCY AGREEMENTS, AND SURROGACY AGREEMENTS  TO  PAY  AN
 ANNUAL  FEE WHICH SHALL BE DETERMINED BY THE COMMISSIONER OF THE DEPART-
 MENT OF HEALTH THAT SHALL BE USED TO PAY FOR MAINTENANCE  COSTS  OF  THE
 CENTRAL ASSISTED REPRODUCTION REGISTRY.
   §  28.  The general business law is amended by adding six new sections
 1403, 1404, 1405, 1406, 1407 and 1408 to read as follows:
   § 1403. MATCHING SERVICE PROVIDERS REGULATED UNDER THIS  ARTICLE.  THE
 PROVISIONS  OF  THIS  ARTICLE  SHALL  APPLY  TO AN AGENT, GAMETE AGENCY,
 SURROGACY PROGRAM, GAMETE BANK, FERTILITY CLINIC,  HEALTH  CARE  PRACTI-
 TIONER,  OR  OTHER ASSISTED REPRODUCTION SERVICE PROVIDERS THAT PROVIDES
 MATCHING SERVICES TO POTENTIAL GAMETE DONORS OR INTENDED PARENTS LOCATED
 IN OR WHO ARE RESIDENTS OF NEW YORK STATE.
   § 1404. LIMITS ON NUMBER OF DONOR-CONCEIVED PERSONS BORN IN  NEW  YORK
 STATE USING GAMETES DONATED BY EACH EGG AND SPERM DONOR. EFFECTIVE JANU-
 ARY  FIRST,  TWO  THOUSAND  TWENTY-SIX, A MAXIMUM OF TEN DONOR-CONCEIVED
 INDIVIDUALS WHO ARE CONCEIVED  USING  A  SINGLE  EGG  OR  SPERM  DONOR'S
 GAMETES  MAY  BE  BORN IN NEW YORK STATE. THIS NUMBER DOES NOT INCLUDE A
 GAMETE DONOR'S OWN BIOLOGICAL CHILDREN.
   1. WHEN DETERMINING THE ELIGIBILITY OF A  POTENTIAL  GAMETE  DONOR  TO
 ENTER  INTO  A  GAMETE  DONATION  MATCHED AGREEMENT OR A GAMETE DONATION
 AGENCY AGREEMENT, AN AGENT, GAMETE  AGENCY,  SURROGACY  PROGRAM,  GAMETE
 BANK,   HEALTH  CARE  PRACTITIONER,  OR  FERTILITY  CLINIC,  HEREINAFTER
 REFERRED TO AS AN "ENTITY", SHALL FOLLOW REGULATIONS ISSUED PURSUANT  TO
 SUBDIVISION  SIX  OF  SECTION  TWENTY-FIVE HUNDRED NINETY-NINE-DD OF THE
 PUBLIC HEALTH LAW TO DETERMINE HOW MANY DONOR-CONCEIVED INDIVIDUALS  WHO
 WERE CONCEIVED USING THE DONOR GAMETES OF A POTENTIAL EGG OR SPERM DONOR
 HAVE BEEN BORN IN NEW YORK STATE.
   2. IF THE ENTITY DETERMINES THAT AT LEAST TEN DONOR-CONCEIVED INDIVID-
 UALS  HAVE  BEEN  BORN IN NEW YORK STATE, THE ENTITY SHALL NOT MATCH THE
 POTENTIAL GAMETE DONOR, COLLECT THEIR GAMETES, OR DISTRIBUTE THE DONOR'S
 GAMETES THAT WERE ALREADY COLLECTED ON OR AFTER THE  EFFECTIVE  DATE  OF
 THIS  SECTION  TO  AN  INTENDED  PARENT OR PARENTS LOCATED IN OR WHO ARE
 RESIDENTS OF NEW YORK STATE. THE POTENTIAL GAMETE  DONOR  SHALL  NOT  BE
 ELIGIBLE  TO  ENTER INTO A GAMETE DONATION MATCHED AGREEMENT OR A GAMETE
 DONATION AGENCY AGREEMENT.
   § 1405. NONIDENTIFIED GAMETE DONATION  PROHIBITED.  EFFECTIVE  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-SIX, NONIDENTIFIED GAMETE DONATION WILL NO
 LONGER BE PERMISSIBLE IN NEW YORK STATE. ONCE THIS SECTION TAKES EFFECT:
   1. AN INDIVIDUAL LOCATED IN OR WHO IS A RESIDENT OF NEW YORK STATE WHO
 INTENDS TO RECEIVE COMPENSATION FOR TIME AND EFFORT TO  PRODUCE  GAMETES
 FOR  USE  IN  ASSISTED REPRODUCTION WILL BE REQUIRED TO SIGN A CERTIFIED
 STATEMENT THAT THEY AGREE TO IDENTIFIED DONATION;
   2. AN AGENT, GAMETE AGENCY, GAMETE BANK, SURROGACY PROGRAM,  FERTILITY
 CLINIC,  OR  HEALTH  CARE  PRACTITIONER,  HEREINAFTER  REFERRED TO AS AN
 "ENTITY", THAT DISTRIBUTES  DONOR  GAMETES  TO  AN  INTENDED  PARENT  OR
 PARENTS  LOCATED  IN  OR  WHO  ARE RESIDENTS OF NEW YORK STATE MUST ONLY
 S. 7749                            49

 DISTRIBUTE THE GAMETES OF DONORS WHO HAVE SIGNED A  CERTIFIED  STATEMENT
 AGREEING TO IDENTIFIED DONATION;
   3.  THE ENTITY SHALL INFORM THE POTENTIAL GAMETE DONOR THAT ANY DONOR-
 CONCEIVED INDIVIDUALS WILL BE ABLE TO OBTAIN  UPON  REQUEST  IDENTIFYING
 AND  MEDICAL  INFORMATION  OF  THE  GAMETE DONOR UPON ATTAINING EIGHTEEN
 YEARS OF AGE, OR THE LEGAL PARENT OR GUARDIAN WILL BE  ABLE  TO  REQUEST
 THE  INFORMATION  IF  THE DONOR-CONCEIVED INDIVIDUAL IS UNDER THE AGE OF
 EIGHTEEN; AND
   4. IF A POTENTIAL GAMETE DONOR DOES NOT AGREE TO IDENTIFIED  DONATION,
 AN  ENTITY  SHALL NOT MATCH OR COLLECT GAMETES FROM THE POTENTIAL GAMETE
 DONOR.
   § 1406. COLLECTION OF IDENTIFYING INFORMATION AND MEDICAL HISTORY  AND
 DETERMINATION  OF  GAMETE DONOR ELIGIBILITY. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL MEAN:
   (A) "IDENTIFYING INFORMATION" MEANS:
   (I) THE GAMETE DONOR'S FULL NAME;
   (II) THE GAMETE DONOR'S DATE OF BIRTH; AND
   (III) THE GAMETE DONOR'S PERMANENT ADDRESS, CURRENT ADDRESS, AND OTHER
 CONTACT INFORMATION AT THE TIME OF THE DONATION. OTHER CONTACT  INFORMA-
 TION INCLUDES THE GAMETE DONOR'S PHONE NUMBER AND EMAIL ADDRESS; AND
   (B) "MEDICAL HISTORY" MEANS INFORMATION REGARDING ANY:
   (I) PRESENT PHYSICAL AND PSYCHOLOGICAL ILLNESS OF THE DONOR;
   (II) PAST PHYSICAL AND PSYCHOLOGICAL ILLNESS OF THE DONOR; AND
   (III)  SOCIAL,  GENETIC,  AND FAMILY MEDICAL HISTORY PERTAINING TO THE
 DONOR'S HEALTH.
   2. AN AGENT, GAMETE AGENCY, SURROGACY PROGRAM, GAMETE BANK,  FERTILITY
 CLINIC,  OR  HEALTH  CARE  PRACTITIONER,  HEREINAFTER  REFERRED TO AS AN
 "ENTITY", THAT SHALL COLLECT GAMETES FROM A POTENTIAL  GAMETE  DONOR  OR
 SHALL  MATCH A POTENTIAL GAMETE DONOR WITH AN INTENDED PARENT OR PARENTS
 SHALL COLLECT THE POTENTIAL DONOR'S IDENTIFYING INFORMATION AND  MEDICAL
 HISTORY:
   (A)  THE  ENTITY  SHALL  VERIFY  THE  FOLLOWING INFORMATION ABOUT EACH
 POTENTIAL GAMETE DONOR TO DETERMINE THEIR ELIGIBILITY TO  ENTER  INTO  A
 GAMETE DONATION MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT,
 UNDER PART EIGHT OF ARTICLE FIVE-C OF THE FAMILY COURT ACT:
   (I) THE AGE OF THE POTENTIAL GAMETE DONOR;
   (II)  THE  NUMBER OF TIMES A POTENTIAL EGG DONOR HAS PREVIOUSLY UNDER-
 GONE OVARIAN STIMULATION, INCLUDING TO FREEZE THEIR EGGS;
   (III) FOLLOWING PROCEDURES PROMULGATED PURSUANT TO SUBDIVISION SIX  OF
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-DD OF THE PUBLIC HEALTH LAW, THE
 APPROXIMATE NUMBER OF DONOR-CONCEIVED PERSONS THAT WERE CONCEIVED PURSU-
 ANT  TO  PART  EIGHT OF ARTICLE FIVE-C OF THE FAMILY COURT ACT USING THE
 DONOR GAMETES OF THE POTENTIAL DONOR AND HAVE  BEEN  BORN  IN  NEW  YORK
 STATE;
   (B)  AT LEAST ONCE EVERY THREE YEARS, THE ENTITY SHALL REQUEST UPDATES
 FROM THE DONOR. THE ENTITY SHALL REPORT REQUIRED INFORMATION AND UPDATED
 DONOR INFORMATION AS RECEIVED PURSUANT TO  SECTION  TWENTY-FIVE  HUNDRED
 NINETY-NINE-GG  OF THE PUBLIC HEALTH LAW TO THE CENTRAL ASSISTED REPROD-
 UCTION REGISTRY.
   3. AN ENTITY THAT RECEIVES GAMETES FROM ANOTHER ENTITY THAT  COLLECTED
 THE  GAMETES  SHALL  RECORD  THE NAME OF AND CONTACT INFORMATION FOR THE
 ENTITY FROM WHICH IT RECEIVED THE GAMETES AT THE TIME OF RECEIPT AND:
   (A) THE ENTITY THAT COLLECTED THE GAMETES SHALL  PROVIDE  A  CERTIFIED
 STATEMENT  THAT WAS SIGNED BY THE GAMETE DONOR OF THE INDIVIDUAL'S DONA-
 TIVE INTENT. SHOULD THE ENTITY THAT COLLECTED THE  GAMETES  NOT  PROVIDE
 SUCH  CERTIFICATION,  THE  ENTITY  SHALL  CERTIFY  THAT THE GAMETES WERE
 S. 7749                            50
 
 DONATED AND THE GAMETE DONOR  DOES  NOT  HAVE  PARENTAL  OR  PROPRIETARY
 INTEREST IN THE GAMETES; AND
   (B)  THE ENTITY THAT COLLECTED THE GAMETES SHALL PROVIDE COPIES OF ALL
 IDENTIFYING INFORMATION AND MEDICAL AND SCREENING RECORDS OF THE  GAMETE
 DONOR;
   (C)  IF AN ENTITY THAT COLLECTS DONOR GAMETES AFTER THE EFFECTIVE DATE
 OF THIS SECTION OF THIS ARTICLE SHALL  TRANSFER  THE  DONOR  GAMETES  TO
 ANOTHER  ENTITY,  THE  ENTITY THAT COLLECTED THE GAMETES SHALL PROVIDE A
 CERTIFIED STATEMENT THAT WAS SIGNED BY THE GAMETE DONOR DECLARING  THEIR
 AGREEMENT  TO  IDENTIFIED  GAMETE DONATION. IF THE ENTITY THAT COLLECTED
 THE GAMETES DOES NOT POSSESS SUCH CERTIFICATION, IT MAY NOT TRANSFER THE
 DONOR GAMETES TO ANOTHER ENTITY LICENSED BY NEW YORK STATE.
   § 1407. GAMETE DONOR IDENTITY DISCLOSURE. 1. AN AGENT, GAMETE  AGENCY,
 GAMETE  BANK, SURROGACY PROGRAM, FERTILITY CLINIC, HEALTH CARE PROVIDER,
 OR OTHER ENTITY THAT RECRUITS OR MATCHES A POTENTIAL GAMETE DONOR  SHALL
 COUNSEL  THEM  ON  THEIR  IDENTITY  DISCLOSURE  OPTIONS  AND PROVIDE THE
 FOLLOWING INFORMATION:
   (A) A POTENTIAL DONOR WHO SHALL ENTER INTO A GAMETE  DONATION  MATCHED
 AGREEMENT  OR  A  GAMETE  DONATION  AGENCY AGREEMENT UNDER PART EIGHT OF
 ARTICLE FIVE-C OF THE FAMILY COURT ACT PRIOR TO THE  EFFECTIVE  DATE  OF
 SECTION  FOURTEEN  HUNDRED  FIVE  OF  THIS  ARTICLE  MAY AGREE TO DONATE
 GAMETES AS AN IDENTIFIED OR NONIDENTIFIED  GAMETE  DONOR.  A  DONOR  WHO
 SHALL  ENTER  INTO  A  GAMETE  DONATION  MATCHED  AGREEMENT  OR A GAMETE
 DONATION AGENCY AGREEMENT UNDER PART EIGHT  OF  ARTICLE  FIVE-C  OF  THE
 FAMILY  COURT  ACT  AFTER THE EFFECTIVE DATE OF SECTION FOURTEEN HUNDRED
 FIVE OF THIS ARTICLE MUST AGREE  TO  DONATE  GAMETES  AS  AN  IDENTIFIED
 GAMETE  DONOR.  THE  GAMETE DONOR SHALL CERTIFY IN A WRITTEN RECORD THAT
 THEY AGREE TO NONIDENTIFIED OR IDENTIFIED GAMETE DONATION; AND
   (B) NONIDENTIFIED GAMETE DONORS ARE UNLIKELY TO  REMAIN  ANONYMOUS  TO
 ANY  DONOR-CONCEIVED PERSONS DUE TO DNA TESTING, THE POSSIBILITY OF DATA
 BREACHES, AND UNFORESEEN TECHNOLOGICAL DEVELOPMENTS; AND
   (C) ANY DONOR-CONCEIVED PERSON WHO WAS CONCEIVED PURSUANT TO PART FOUR
 OR PART EIGHT OF ARTICLE FIVE-C OF THE FAMILY COURT ACT MAY OBTAIN  UPON
 REQUEST  NONIDENTIFYING  MEDICAL  INFORMATION  OF A NONIDENTIFIED GAMETE
 DONOR OR IDENTIFYING AND MEDICAL INFORMATION  OF  AN  IDENTIFIED  GAMETE
 DONOR UPON ATTAINING EIGHTEEN YEARS OF AGE, OR A LEGAL PARENT OR GUARDI-
 AN  MAY  REQUEST  THE INFORMATION IF THE DONOR-CONCEIVED PERSON IS UNDER
 THE AGE OF EIGHTEEN; AND
   2. IF A POTENTIAL GAMETE DONOR DOES NOT AGREE TO DONATE THEIR  GAMETES
 AS  AN IDENTIFIED GAMETE DONOR AFTER THE EFFECTIVE DATE OF SECTION FOUR-
 TEEN HUNDRED FIVE OF THIS ARTICLE, THE AGENT, GAMETE  AGENCY,  SURROGACY
 PROGRAM,  GAMETE  BANK,  FERTILITY CLINIC, OR HEALTH CARE PROVIDER SHALL
 NOT PROVIDE MATCHING SERVICES,  ENTER  INTO  A  GAMETE  DONATION  AGENCY
 AGREEMENT  WITH  THE  POTENTIAL  DONOR, OR COLLECT THE POTENTIAL DONOR'S
 GAMETES.
   § 1408. GAMETE DONATION  ADVERTISING  AND  REPRESENTATION.  1.  PRINT,
 ELECTRONIC  AND ONLINE ADVERTISEMENTS THAT PROMOTE RECRUITMENT OR MATCH-
 ING OF GAMETE DONORS WHO ARE RESIDENTS OF OR LOCATED IN NEW YORK  STATE,
 OR  MATCHING OF GAMETE DONORS WITH INTENDED PARENTS WHO ARE RESIDENTS OF
 OR LOCATED IN NEW YORK STATE MAY NOT INCLUDE  ANY  COMPENSATION  AMOUNTS
 OTHER THAN THOSE SPECIFIED ON THE COMPENSATION LIST OF THE AGENT, GAMETE
 AGENCY, GAMETE BANK, SURROGACY PROGRAM, FERTILITY CLINIC, OR HEALTH CARE
 PROVIDER THAT SHALL BE MADE AVAILABLE TO THE PUBLIC AND IS POSTED ON THE
 ENTITY'S WEBSITE.
   2.  AN AGENT, GAMETE BANK, GAMETE AGENCY, SURROGACY PROGRAM, FERTILITY
 CLINIC, OR HEALTH CARE PROVIDER THAT PROVIDES INFORMATION TO AN INTENDED
 S. 7749                            51
 
 PARENT OR PARENTS WHO ARE CONSIDERING ENTERING INTO  A  GAMETE  DONATION
 MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT SHALL MAKE ACCU-
 RATE  REPRESENTATIONS  OF  HOW  MANY  DONOR  EGGS  AN INTENDED PARENT OR
 PARENTS  MIGHT  RECEIVE  FROM  ONE  EGG RETRIEVAL CYCLE. AN ENTITY SHALL
 COMMUNICATE THAT IT IS NOT POSSIBLE TO KNOW HOW MANY DONOR EGGS WILL  BE
 RECEIVED,  AND MAY NOT COMMUNICATE THAT THE NUMBER OF DONOR EGGS WILL BE
 MORE THAN THIRTY.
   § 29. Subdivision 1 of section 4132 of the public health law, as added
 by chapter 104 of the laws of 1971, is amended to read as follows:
   1. The certificate of birth shall contain such information,  including
 the  social security numbers of the parents, AND IDENTIFYING INFORMATION
 OF ANY GAMETE DONOR AND PERSON WHO ACTED AS SURROGATE,  IF  A  PARENTAGE
 ORDER  WAS  ISSUED  PURSUANT TO SECTION 581-202 OR 581-203 OF THE FAMILY
 COURT ACT, and be in such form as the commissioner may prescribe.
   (A) IF A PARENTAGE ORDER WAS ISSUED PURSUANT TO SECTION 581-203 OF THE
 FAMILY COURT ACT, THE FIRST AND LAST NAME OF THE PERSON ACTING AS SURRO-
 GATE WHO WAS A PARTY TO THE JUDGMENT OF PARENTAGE  PROCEEDING  SHALL  BE
 INCLUDED ON THE ORIGINAL CERTIFICATE OF BIRTH AS THE BIRTH MOTHER; AND
   (B) IF A PARENTAGE ORDER WAS ISSUED PURSUANT TO SECTION 581-202 OF THE
 FAMILY COURT ACT:
   (I)  THE  FIRST  AND LAST NAME OF ANY IDENTIFIED GAMETE DONOR SHALL BE
 INCLUDED ON THE ORIGINAL CERTIFICATE OF BIRTH AS A GAMETE DONOR; AND
   (II) A REFERENCE NUMBER FOR ANY NONIDENTIFIED GAMETE  DONOR  SHALL  BE
 INCLUDED  ON  THE  ORIGINAL  CERTIFICATE  OF  BIRTH  AS  A GAMETE DONOR,
 PROVIDED THAT THE DONOR GAMETES WERE COLLECTED PRIOR  TO  THE  EFFECTIVE
 DATE OF SECTION FOURTEEN HUNDRED FIVE OF THE GENERAL BUSINESS LAW; AND
   (C) IF A PARENTAGE ORDER WAS ISSUED PURSUANT TO SECTION 581-203 OF THE
 FAMILY COURT ACT AND THE SURROGATE-BORN PERSON WAS ALSO DONOR-CONCEIVED,
 THE  INFORMATION  IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL BE
 INCLUDED ON THE ORIGINAL CERTIFICATE OF BIRTH; AND
   (D) IF A PARENTAGE ORDER IS ISSUED  PURSUANT  TO  SECTION  581-202  OR
 581-203  OF  THE  FAMILY  COURT  ACT, AN ASTERISK SHALL BE PLACED ON THE
 AMENDED BIRTH CERTIFICATE.
   § 30. The section heading, subdivision 1 and paragraph (a) of subdivi-
 sion 2 of section 4138-e of the public health law, as added  by  chapter
 491 of the laws of 2019, are amended to read as follows:
   [Adoptee's]  THE  right  OF  ADOPTEES, DONOR-CONCEIVED INDIVIDUALS AND
 SURROGATE-BORN INDIVIDUALS to a certified copy of  [his  or  her]  THEIR
 birth  certificate.  1.  The  legislature hereby states its intention to
 acknowledge, support and encourage the life-long health  and  well-being
 needs of persons who have been and will be adopted, DONOR-CONCEIVED, AND
 SURROGATE-BORN  in  this  state. The legislature further recognizes that
 the denial of access to accurate and complete medical and self-identify-
 ing data of any  adopted  person,  DONOR-CONCEIVED,  AND  SURROGATE-BORN
 PERSON, known and wilfully withheld by others, may result in such person
 succumbing   to   preventable  disease,  premature  death  or  otherwise
 unhealthy life, is a violation of that  person's  human  rights  and  is
 contrary  to  the  tenets of government. As such, the provisions of this
 section seek to establish  considerations  under  the  law  for  adopted
 DONOR-CONCEIVED, AND SURROGATE-BORN persons equal to such considerations
 permitted  by law to all non-adopted NON-DONOR CONCEIVED, AND NON-SURRO-
 GATE BORN persons; this section does so while providing for the  privacy
 of  an  adopted  DONOR-CONCEIVED,  AND SURROGATE-BORN person and [his or
 her] THEIR birth.
   (a) Notwithstanding any other provision of law, the commissioner or  a
 local  registrar or any person authorized by the commissioner or a local
 S. 7749                            52
 
 registrar, upon application, proof of identity and payment of a  nominal
 fee,  shall  issue  certified copies of original long form line by line,
 vault copy birth certificates, including any  change  attached  to  that
 certificate  by  a birth parent or parents, and any information provided
 to the commissioner or a local registrar pursuant to subdivision one  of
 section  one  hundred  fourteen of the domestic relations law, to (i) an
 adopted DONOR-CONCEIVED OR SURROGATE-BORN person, if eighteen  years  of
 age  or  more,  or (ii) if the adopted DONOR-CONCEIVED OR SURROGATE-BORN
 person is deceased, the adopted person's  direct  line  descendants,  or
 (iii)  the  lawful  representatives  of  such  adopted person, or lawful
 representatives of such deceased adopted person's direct  line  descend-
 ants, as the case may be.
   §  31.  Items  (v)  and  (vii)  of  subparagraph (C) of paragraph 6 of
 subsection (k) of section 3221 of  the  insurance  law,  as  amended  by
 section  1  of  part L of chapter 57 of the laws of 2019, are amended to
 read as follows:
   (v)(I) For the purposes  of  this  paragraph,  "infertility"  means  a
 disease  or  condition  characterized  by  the  incapacity to impregnate
 another person or to conceive, defined by (A) the failure to establish a
 clinical pregnancy after twelve months of  regular,  unprotected  sexual
 intercourse  or  therapeutic  donor insemination, or after six months of
 regular, unprotected sexual intercourse or therapeutic  donor  insemina-
 tion  for  a female thirty-five years of age or older; OR (B) A PERSON'S
 INABILITY TO REPRODUCE EITHER AS A SINGLE INDIVIDUAL OR WITH THEIR PART-
 NER WITHOUT MEDICAL INTERVENTION;  OR  (C)  A  LICENSED  PHYSICIAN'S  OR
 OSTEOPATHIC  PHYSICIAN'S  FINDINGS BASED ON A PATIENT'S MEDICAL, SEXUAL,
 OR REPRODUCTIVE HISTORY, AGE, PHYSICAL FINDINGS, OR DIAGNOSTIC  TESTING.
 Earlier  evaluation  and treatment may be warranted based on an individ-
 ual's medical, SEXUAL, OR REPRODUCTIVE history [or], AGE, physical find-
 ings, OR DIAGNOSTIC TESTING.
   (II) For purposes of this paragraph, "iatrogenic infertility" means an
 impairment of fertility by surgery,  radiation,  chemotherapy  or  other
 medical treatment affecting reproductive organs or processes.
   (vii)  Every  large  group  policy delivered or issued for delivery in
 this state that provides medical, major medical  or  similar  comprehen-
 sive-type   coverage  shall  provide  coverage  for  three  [cycles  of]
 COMPLETED OOCYTE RETRIEVALS AND  in-vitro  fertilization  [used  in  the
 treatment  of infertility] WITH UNLIMITED EMBRYO TRANSFERS FROM FRESH OR
 FROZEN OOCYTES OR EMBRYOS FROM A COVERED RETRIEVAL, IN  ACCORDANCE  WITH
 THE  GUIDELINES  OF  THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLO-
 GISTS, USING SINGLE EMBRYO TRANSFER (SET) WHEN RECOMMENDED AND MEDICALLY
 APPROPRIATE FOR THE TREATMENT OF INFERTILITY. Coverage may be subject to
 annual deductibles and coinsurance,  including  copayments,  as  may  be
 deemed  appropriate  by  the  superintendent  and as are consistent with
 those established for other  benefits  within  a  given  policy.    [For
 purposes of this item, a "cycle" is defined as either all treatment that
 starts when: preparatory medications are administered for ovarian stimu-
 lation  for  oocyte  retrieval  with  the  intent of undergoing in-vitro
 fertilization using a fresh embryo transfer; or medications are adminis-
 tered for endometrial preparation with the intent of undergoing in-vitro
 fertilization using a frozen embryo transfer.]
   § 32. Subparagraphs (E) and (G) of paragraph 3 of  subsection  (s)  of
 section  4303 of the insurance law, as amended by section 2 of part L of
 chapter 57 of the laws of 2019, are amended to read as follows:
   (E)(i) For the purposes of  this  subsection,  "infertility"  means  a
 disease  or  condition  characterized  by  the  incapacity to impregnate
 S. 7749                            53
 
 another person or to conceive, defined by (A) the failure to establish a
 clinical pregnancy after twelve months of  regular,  unprotected  sexual
 intercourse  or  therapeutic  donor insemination, or after six months of
 regular,  unprotected  sexual intercourse or therapeutic donor insemina-
 tion for a female thirty-five years of age  or  older;  (B)  A  PERSON'S
 INABILITY TO REPRODUCE EITHER AS A SINGLE INDIVIDUAL OR WITH THEIR PART-
 NER  WITHOUT  MEDICAL  INTERVENTION;  OR  (C)  A LICENSED PHYSICIAN'S OR
 OSTEOPATHIC PHYSICIAN'S FINDINGS BASED ON A PATIENT'S  MEDICAL,  SEXUAL,
 OR  REPRODUCTIVE HISTORY, AGE, PHYSICAL FINDINGS, OR DIAGNOSTIC TESTING.
 Earlier evaluation and treatment may be warranted based on  an  individ-
 ual's medical history or physical findings.
   (ii)  For  purposes of this subsection, "iatrogenic infertility" means
 an impairment of fertility by surgery, radiation, chemotherapy or  other
 medical treatment affecting reproductive organs or processes.
   (G) Every large group contract that provides medical, major medical or
 similar  comprehensive-type  coverage  shall  provide coverage for three
 [cycles of] COMPLETED OOCYTE RETRIEVALS AND in-vitro fertilization [used
 in the treatment of infertility] WITH UNLIMITED  EMBRYO  TRANSFERS  FROM
 FRESH  OR FROZEN OOCYTES OR EMBRYOS FROM A COVERED RETRIEVAL, IN ACCORD-
 ANCE WITH THE GUIDELINES OF THE AMERICAN COLLEGE  OF  OBSTETRICIANS  AND
 GYNECOLOGISTS,  USING  SINGLE EMBRYO TRANSFER (SET) WHEN RECOMMENDED AND
 MEDICALLY APPROPRIATE FOR THE TREATMENT OF INFERTILITY.  Coverage may be
 subject to annual deductibles and coinsurance, including copayments,  as
 may  be  deemed  appropriate by the superintendent and as are consistent
 with those established for other benefits within a given contract.  [For
 purposes of this subparagraph, a "cycle" is defined as either all treat-
 ment  that  starts  when:  preparatory  medications are administered for
 ovarian stimulation for oocyte retrieval with the intent  of  undergoing
 in-vitro fertilization using a fresh embryo transfer; or medications are
 administered  for  endometrial preparation with the intent of undergoing
 in-vitro fertilization using a frozen embryo transfer.]
   § 33. Item (vii) of subparagraph (C) of paragraph 6 of subsection  (k)
 of  section 3221 of the insurance law, as amended by section 1 of part L
 of chapter 57 of the laws of 2019, is amended to read as follows:
   (vii) Every large group policy delivered or  issued  for  delivery  in
 this  state  that  provides medical, major medical or similar comprehen-
 sive-type coverage shall provide coverage for three cycles  of  in-vitro
 fertilization  used  in  the  treatment  of infertility. Coverage may be
 subject to annual deductibles and coinsurance, including copayments,  as
 may  be  deemed  appropriate by the superintendent and as are consistent
 with those established for other benefits within  a  given  policy.  For
 purposes of this item, a "cycle" is defined as either all treatment that
 starts when: preparatory medications are administered for ovarian stimu-
 lation  for  oocyte  retrieval  with  the  intent of undergoing in-vitro
 fertilization using a fresh embryo transfer; or medications are adminis-
 tered for endometrial preparation with the intent of undergoing in-vitro
 fertilization using a frozen embryo transfer. A POLICY  MAY  NOT  IMPOSE
 ANY EXCLUSIONS, LIMITATIONS, OR OTHER RESTRICTIONS ON COVERAGE OF TREAT-
 MENT  OF  INFERTILITY  BASED  ON A COVERED INDIVIDUAL'S PARTICIPATION IN
 FERTILITY SERVICES PROVIDED BY OR TO A THIRD PARTY.
   § 34. Subparagraph (G) of paragraph 3 of  subsection  (s)  of  section
 4303  of the insurance law, as amended by section 2 of part L of chapter
 57 of the laws of 2019, is amended to read as follows:
   (G) Every large group contract that provides medical, major medical or
 similar comprehensive-type coverage shall  provide  coverage  for  three
 cycles  of  in-vitro fertilization used in the treatment of infertility.
 S. 7749                            54
 
 Coverage may be subject to annual deductibles and coinsurance, including
 copayments, as may be deemed appropriate by the  superintendent  and  as
 are  consistent with those established for other benefits within a given
 contract.  For  purposes  of  this subparagraph, a "cycle" is defined as
 either all treatment  that  starts  when:  preparatory  medications  are
 administered  for  ovarian  stimulation  for  oocyte  retrieval with the
 intent of undergoing in-vitro fertilization using a fresh embryo  trans-
 fer;  or  medications  are administered for endometrial preparation with
 the intent of undergoing in-vitro fertilization using  a  frozen  embryo
 transfer.  A POLICY MAY NOT IMPOSE ANY EXCLUSIONS, LIMITATIONS, OR OTHER
 RESTRICTIONS ON COVERAGE OF TREATMENT OF INFERTILITY BASED ON A  COVERED
 INDIVIDUAL'S  PARTICIPATION  IN  FERTILITY  SERVICES PROVIDED BY OR TO A
 THIRD PARTY.
   § 35. The social services law is amended by adding a new section 365-p
 to read as follows:
   § 365-P. ENROLLMENT IN THE STATE HEALTH INSURANCE EXCHANGE;  SURROGACY
 AND  EGG  DONATION.  IN  ADDITION  TO ANY TRIGGERING EVENT THAT PROVIDES
 ELIGIBILITY FOR A SPECIAL ENROLLMENT PERIOD AVAILABLE TO INDIVIDUALS FOR
 ENROLLMENT IN A QUALIFIED HEALTH PLAN  IN  THE  STATE  HEALTH  INSURANCE
 EXCHANGE  ESTABLISHED  PURSUANT  TO  THE  FEDERAL PATIENT PROTECTION AND
 AFFORDABLE CARE ACT (P.L.111-148), THE STATE HEALTH  INSURANCE  EXCHANGE
 SHALL ALLOW FOR:
   1.  THE ENROLLMENT OF A PERSON ACTING AS SURROGATE WHO IS A PARTY TO A
 SURROGACY AGREEMENT UNDER PART FOUR OF  ARTICLE  FIVE-C  OF  THE  FAMILY
 COURT  ACT  AT ANY TIME AFTER THE SURROGACY AGREEMENT HAS BEEN EXECUTED.
 UPON SUCH ENROLLMENT, ANY QUALIFIED HEALTH  PLAN  IN  THE  STATE  HEALTH
 INSURANCE  EXCHANGE  SHALL ENSURE THAT COVERAGE IS EFFECTIVE ON THE DATE
 OF APPLICATION; AND
   2. THE ENROLLMENT OF AN EGG DONOR WHO IS A PARTY TO A GAMETE  DONATION
 MATCHED AGREEMENT OR A GAMETE DONATION AGENCY AGREEMENT UNDER PART EIGHT
 OF  ARTICLE  FIVE-C OF THE FAMILY COURT ACT AT ANY TIME AFTER THE GAMETE
 DONATION MATCHED AGREEMENT OR THE GAMETE DONATION AGENCY  AGREEMENT  HAS
 BEEN  EXECUTED.  UPON  SUCH ENROLLMENT, ANY QUALIFIED HEALTH PLAN IN THE
 STATE HEALTH INSURANCE EXCHANGE SHALL ENSURE THAT COVERAGE IS  EFFECTIVE
 ON THE DATE OF APPLICATION.
   § 36. This act shall take effect immediately.