§ 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
reproduction may be commenced:

(1) if the intended parent or child resides in New York state, in the
county where the intended parent resides any time after pregnancy is
achieved or in the county where the child was born or resides; or

(2) if the intended parent and child do not reside in New York state,
up to ninety days after the birth of the child in the county where the
child was born.

(b) The petition for a judgment of parentage must be verified.

(c) Where a petition includes the following truthful statements, the
court shall adjudicate the intended parent to be the parent of the
child:

(1) a statement that an intended parent has been a resident of the
state for at least 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
statement from the gestating intended parent and non-gestating intended
parent that the non-gestating intended parent consented to assisted
reproduction pursuant to section 581-304 of this article; and

(4) proof of any donor's donative intent.

(d) The following shall be deemed sufficient proof of a donor's
donative intent for purposes of this section:

(1) in the case of an anonymous donor or where gametes or embryos have
previously been released to a gamete or embryo storage facility or in
the presence of a health care practitioner, 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 or had previously been
released; or

(ii) clear and convincing evidence that the gamete or embryo donor
intended to donate gametes or embryos anonymously or intended to release
such gametes or embryos to a gamete or embryo storage facility or health
care practitioner; or

(2) in the case of a donation from a known donor, either: a. a record
from the gamete or embryo donor acknowledging the donation and
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:

(i) before a notary public, or

(ii) before two witnesses who are not the intended parents, or

(iii) before a health care practitioner; or

b. clear and convincing evidence that the gamete or embryo donor
agreed, prior to conception, with the gestating parent that the donor
has no parental or proprietary interest in the gametes or embryos.

(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
pursuant to section three hundred eight of the civil practice law and
rules. Upon a showing to the court, by affidavit or otherwise, on or
before the date of the proceeding or within such further time as the
court may allow, that personal service cannot be effected at the donor's
last known address with reasonable effort, notice may be given, without
prior court order therefore, at least twenty days prior to the
proceeding by registered or certified mail directed to the donor's last
known address. Notice by publication shall not be required to be given
to a donor entitled to notice pursuant to the provisions of this
section.

(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 to be a parent under
subdivision (e) 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, ordering that the 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
commissioner, 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 child is born
will report the parentage of the child to the appropriate department of
health in conformity with the court order. If an 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 birth certificate except that it may be rendered
accessible to the child at eighteen years of age or the legal parent or
parents.