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This entry was published on 2021-02-19
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SECTION 124
Proceedings regarding parental rights, status or obligations
Domestic Relations (DOM) CHAPTER 14, ARTICLE 8
§ 124. Proceedings regarding parental rights, status or obligations.
In any action or proceeding involving a purported genetic surrogacy
parenting agreement, the parentage of the child will be determined based
on the laws of New York state and:

1. the court shall not consider the genetic surrogate's participation
in a genetic surrogate parenting agreement as adverse to their parental
rights, status, or obligations; and

2. the court, having regard to the circumstances of the case and of
the respective parties including the parties' relative ability to pay
such fees and expenses, in its discretion and in the interests of
justice, may award to either party reasonable and actual counsel fees
and legal expenses incurred in connection with such action or
proceeding. Such award may be made in the order or judgment by which the
particular action or proceeding is finally determined, or by one or more
orders from time to time before the final order or judgment, or by both
such order or orders and the final order or judgment; provided, however,
that in any dispute involving a genetic surrogate who has executed a
valid surrender or consent to the adoption, nothing in this section
shall empower a court to make any award that it would not otherwise be
empowered to direct.