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This entry was published on 2021-02-19
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SECTION 1403
Conflicts of interest; prohibition on payments; funds in escrow; licensure; notice of surrogates' bill of rights
General Business (GBS) CHAPTER 20, ARTICLE 44
§ 1403. Conflicts of interest; prohibition on payments; funds in
escrow; licensure; notice of surrogates' bill of rights. A surrogacy
program to which this article applies:

(a) Shall keep all funds paid by or on behalf of the intended parent
or parents in an escrow account separate from its operating accounts;
and

(b) May not be owned or managed, in any part, directly or indirectly,
by any attorney representing a party to the surrogacy agreement; and

(c) May not pay or receive payment, directly or indirectly, to or from
any person licensed to practice law and representing a party to the
surrogacy agreement in connection with the referral of any person or
party for the purpose of a surrogacy agreement; and

(d) May not pay or receive payment, directly or indirectly, to or from
any health care provider providing any health services, including
assisted reproduction, to a party to the surrogacy agreement; and

(e) May not be owned or managed, in any part, directly or indirectly,
by any health care provider providing any health services, including
assisted reproduction, to a party to the surrogacy agreement; and

(f) Shall be licensed to operate in New York state pursuant to
regulations promulgated by the department of health in consultation with
the department of financial services, once such regulations are
promulgated and become effective; and

(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 of article five-C of the family court act.