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A06701 Text:

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

                                         6701

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 16, 2013
                                      ___________

       Introduced by M. of A. PAULIN, TITONE, LAVINE, ZEBROWSKI, WEPRIN, ROBIN-
         SON,  GALEF,  JAFFEE,  OTIS,  MAISEL,  SCARBOROUGH,  GABRYSZAK,  COOK,
         BOYLAND -- Multi-Sponsored by -- M.  of A. GOTTFRIED, MARKEY, MILLMAN,
         ROSA, WRIGHT -- read once and referred to the Committee on Judiciary

       AN ACT to amend the family court act, in relation  to  establishing  the
         child-parent  security  act; and to repeal section 73 and article 8 of
         the domestic relations law, relating to legitimacy of children born by
         artificial insemination and surrogate parenting contracts

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The family court act is amended by adding a new article 5-C
    2  to read as follows:
    3                                  ARTICLE 5-C
    4                          CHILD-PARENT SECURITY ACT
    5  PART 1 GENERAL PROVISIONS (581-101 - 581-103)
    6       2 JUDGMENT OF PARENTAGE (581-201 - 581-206)
    7       3 CHILD   OF   ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION
    8         (581-301 - 581-307)
    9       4 GESTATIONAL AGREEMENT (581-401 - 581-411)
   10       5 PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
   11       6 FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
   12         (581-601)
   13       7 MISCELLANEOUS PROVISIONS (581-701 - 581-703)

   14                                   PART 1
   15                             GENERAL PROVISIONS
   16  SECTION 581-101. SHORT TITLE.
   17          581-102. PURPOSE.
   18          581-103. DEFINITIONS.
   19    S 581-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED
   20  AS THE "CHILD-PARENT SECURITY ACT".

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05071-04-3
       A. 6701                             2

    1    S  581-102.  PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
    2  LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS.
    3    S 581-103. DEFINITIONS.  (A) "ARTIFICIAL INSEMINATION" MEANS INSERTION
    4  OF  SPERM INTO FEMALE REPRODUCTIVE ORGANS BY ANY MEANS OTHER THAN SEXUAL
    5  INTERCOURSE, INCLUDING INTRAUTERINE INSEMINATION,  WITH  THE  INTENT  TO
    6  CAUSE A PREGNANCY.
    7    (B) "ASSISTED REPRODUCTION" INCLUDES ALL FERTILITY TREATMENTS IN WHICH
    8  BOTH  EGGS  AND  SPERM  ARE  HANDLED. IN THE FOREGOING CONTEXT, THE TERM
    9  INCLUDES, BUT IS NOT LIMITED TO IN-VITRO FERTILIZATION AND  TRANSFER  OF
   10  EMBRYOS INCLUDING DONATED GAMETES OR DONATED EMBRYOS.
   11    (C) "ART PROVIDER" MEANS ANY ENTITY WHICH ASSISTS WITH ASSISTED REPRO-
   12  DUCTIVE TECHNOLOGY.
   13    (D)  "ASSISTED  REPRODUCTIVE  TECHNOLOGY"  OR  "ART" IS ANY MEDICAL OR
   14  SCIENTIFIC INTERVENTION, INCLUDING, BUT NOT LIMITED TO, ASSISTED REPROD-
   15  UCTION, PROVIDED FOR THE PURPOSE OF ACHIEVING LIVE  BIRTH  THAT  RESULTS
   16  FROM  ASSISTED  CONCEPTION. ASSISTED CONCEPTION MEANS THE FORMATION OF A
   17  HUMAN EMBRYO OUTSIDE THE BODY WITH THE INTENT TO PRODUCE A LIVE BIRTH.
   18    (E) "CHILD" MEANS A LIVE BORN INDIVIDUAL OF ANY  AGE  WHOSE  PARENTAGE
   19  MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
   20    (F) "COLLABORATIVE REPRODUCTION" INVOLVES ARTIFICIAL INSEMINATION WITH
   21  DONOR  SPERM  AND ANY ASSISTED REPRODUCTION IN WHICH AN INDIVIDUAL OTHER
   22  THAN THE INTENDED PARENT PROVIDES GENETIC MATERIAL OR AGREES TO ACT AS A
   23  GESTATIONAL CARRIER. IT CAN INCLUDE, BUT IS NOT LIMITED TO, (1) ATTEMPTS
   24  BY THE INTENDED PARENT TO CREATE A CHILD THROUGH MEANS OF A  GESTATIONAL
   25  ARRANGEMENT,  WITH  OR  WITHOUT  THE  INVOLVEMENT  OF  A  DONOR, AND (2)
   26  ASSISTED REPRODUCTION INVOLVING A DONOR WHERE A GESTATIONAL  CARRIER  IS
   27  NOT USED.
   28    (G)  "COMPENSATION"  MEANS  PAYMENT  OF ANY VALUABLE CONSIDERATION FOR
   29  TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
   30  AND ANCILLARY COSTS.
   31    (H) "DONOR" MEANS AN INDIVIDUAL WHO PRODUCES EGGS OR  SPERM  USED  FOR
   32  ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION, WHETHER OR NOT FOR
   33  CONSIDERATION. DONOR ALSO INCLUDES AN  INDIVIDUAL  OR  INDIVIDUALS  WITH
   34  DISPOSITIONAL  CONTROL OF AN EMBRYO WHO PROVIDE IT TO ANOTHER PERSON FOR
   35  THE PURPOSE  OF  GESTATION  AND  RELINQUISHES  ALL  PRESENT  AND  FUTURE
   36  PARENTAL  AND  INHERITANCE  RIGHTS AND OBLIGATIONS TO A RESULTING CHILD.
   37  THE TERM DOES NOT INCLUDE AN INTENDED PARENT WHO PROVIDES GAMETES TO  BE
   38  USED FOR ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
   39    (I)  "EMBRYO"  MEANS  A  CELL  OR  GROUP OF CELLS CONTAINING A DIPLOID
   40  COMPLEMENT OF CHROMOSOMES OR GROUP  OF  SUCH  CELLS,  NOT  A  GAMETE  OR
   41  GAMETES,  THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
   42  IF TRANSFERRED INTO THE BODY  OF  A  WOMAN  UNDER  CONDITIONS  IN  WHICH
   43  GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
   44    (J) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
   45  ARE  NECESSARY  TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
   46  CAVITY.
   47    (K) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA  THAT
   48  HAS  THE  POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
   49  SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
   50  HUMAN BEING COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC  DNA,  OF
   51  ANOTHER HUMAN BEING.
   52    (L)  "GAMETE  PROVIDER" MEANS AN INDIVIDUAL WHO PROVIDES SPERM OR EGGS
   53  FOR USE IN ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
   54    (M) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN INTENDED PARENTS AND
   55  A GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE CHILD
   56  WILL BE THE LEGAL CHILD OF THE INTENDED PARENTS.
       A. 6701                             3

    1    (N) "GESTATIONAL CARRIER"  MEANS  AN  ADULT  WOMAN,  NOT  AN  INTENDED
    2  PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL
    3  BE  THE  LEGAL  CHILD  OF  THE  INTENDED  PARENTS SO LONG AS SHE HAS NOT
    4  PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
    5    (O)  "GESTATIONAL  CARRIER  ARRANGEMENT"  MEANS THE PROCESS BY WHICH A
    6  GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD  CREATED
    7  THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
    8  PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
    9    (P)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
   10  FIED UNDER TITLE EIGHT OF THE EDUCATION LAW ACTING  WITHIN  HIS  OR  HER
   11  SCOPE OF PRACTICE.
   12    (Q)  "INTENDED  PARENT"  IS  AN INDIVIDUAL WHO MANIFESTS THE INTENT AS
   13  PROVIDED IN THIS ACT TO BE LEGALLY  BOUND  AS  THE  PARENT  OF  A  CHILD
   14  RESULTING FROM ASSISTED REPRODUCTION OR COLLABORATIVE REPRODUCTION.
   15    (R)  "IN-VITRO  FERTILIZATION"  MEANS  THE FORMATION OF A HUMAN EMBRYO
   16  OUTSIDE THE HUMAN BODY.
   17    (S) "MEDICAL EVALUATION" MEANS AN EVALUATION AND CONSULTATION  WITH  A
   18  HEALTH CARE PROVIDER REGARDING THE ANTICIPATED PREGNANCY.
   19    (T)  "PARENT"  MEANS  AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
   20  RELATIONSHIP UNDER THIS ACT OR OTHER LAW AND INCLUDES, BUT IS NOT LIMIT-
   21  ED TO: (1) A CHILD'S BIRTH PARENT WHO IS NOT A  GESTATIONAL  CARRIER  OR
   22  THE  SPOUSE OF THE GESTATIONAL CARRIER; (2) A CHILD'S GENETIC PARENT WHO
   23  IS NOT THE DONOR; (3) AN INDIVIDUAL WHO HAS LEGALLY ADOPTED  THE  CHILD;
   24  (4)  AN  INDIVIDUAL  WHO  IS  A  PARENT OF THE CHILD PURSUANT TO A LEGAL
   25  PRESUMPTION; (5) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT  TO
   26  AN  ACKNOWLEDGMENT  OR  JUDGMENT OF PARENTAGE PURSUANT TO ARTICLE TWO OF
   27  THIS ACT OR OTHER LAW; (6) AN INDIVIDUAL WHO IS A PARENT  OF  THE  CHILD
   28  PURSUANT TO ARTICLE THREE, FOUR, OR SIX OF THIS ACT.
   29    (U)  "PARTICIPANT"  MEANS  AN  INDIVIDUAL WHO PROVIDES A BIOLOGICAL OR
   30  GENETIC COMPONENT OF ASSISTED REPRODUCTION OR  ARTIFICIAL  INSEMINATION,
   31  AN  INTENDED PARENT, AND THE SPOUSE OF AN INTENDED PARENT OR GESTATIONAL
   32  CARRIER. GESTATION IS A BIOLOGICAL COMPONENT WITHIN THE MEANING OF  THIS
   33  DEFINITION.
   34    (V)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
   35  STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
   36  BLE FORM.
   37    (W) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
   38  PROVIDER.
   39    (X)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
   40  LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
   41  OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
   42  EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
   43  SHIP.
   44    (Y) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
   45  BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
   46  INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   47    (Z) "TIME OF TRANSFER" MEANS THE TIME AT WHICH A GAMETE OR  EMBRYO  IS
   48  TRANSFERRED  INTO  THE  BODY  OF A WOMAN WITH THE INTENT TO PRODUCE LIVE
   49  BIRTH.
   50    (AA) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES  INTO  THE
   51  BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.

   52                                   PART 2
   53                            JUDGMENT OF PARENTAGE
   54  SECTION 581-201. JUDGMENT OF PARENTAGE.
       A. 6701                             4

    1          581-202. PROCEEDING  FOR  JUDGMENT  OF PARENTAGE OF A CHILD BORN
    2                     THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
    3                     TION.
    4          581-203.  PROCEEDING  FOR  JUDGMENT OF PARENTAGE OF A CHILD BORN
    5                     PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT.
    6          581-204. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  WHOSE
    7                     PARENTAGE  IS ESTABLISHED PURSUANT TO SECTION 581-601
    8                     OF THIS ARTICLE.
    9          581-205. JUDGMENT OF PARENTAGE  FOR  INTENDED  PARENTS  WHO  ARE
   10                     SPOUSES.
   11          581-206. JURISDICTION.
   12    S 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
   13  TAINED  TO  ADJUDICATE  THE PARENTAGE OF A CHILD UNDER THE CIRCUMSTANCES
   14  SET FORTH IN THIS ARTICLE. THIS PROCEEDING IS GOVERNED BY THE  NEW  YORK
   15  CIVIL PRACTICE LAW AND RULES.
   16    (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
   17  BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
   18    (C)  A  JUDGMENT  OF  PARENTAGE  SHALL BE ISSUED BY THE COURT UPON THE
   19  PETITION OF (1) A CHILD, OR (2) A PARENT, OR (3) A PARTICIPANT,  OR  (4)
   20  THE  SUPPORT/ENFORCEMENT  AGENCY OR OTHER GOVERNMENTAL AGENCY AUTHORIZED
   21  BY OTHER LAW, OR (5) A REPRESENTATIVE AUTHORIZED BY LAW TO  ACT  FOR  AN
   22  INDIVIDUAL  WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN A PROCEEDING BUT
   23  WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO  LEGALLY  ESTAB-
   24  LISH THE CHILD-PARENT RELATIONSHIP UNDER THE FOLLOWING CIRCUMSTANCES:
   25    (I) A CHILD BORN THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
   26  TION UNDER PART THREE OF THIS ARTICLE; OR
   27    (II)  A CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT UNDER
   28  PART FOUR OF THIS ARTICLE; OR
   29    (III) A CHILD WHOSE PARENTAGE CAN BE ESTABLISHED PURSUANT TO PART  SIX
   30  OF THIS ARTICLE.
   31    S  581-202.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF A CHILD BORN
   32  THROUGH  ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION.    (A)  A
   33  PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE COMMENCED:
   34    (1)  IF  THE  INTENDED PARENTS RESIDE IN NEW YORK STATE, IN THE COUNTY
   35  WHERE THE INTENDED PARENTS RESIDE ANY TIME AFTER PREGNANCY  IS  ACHIEVED
   36  OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
   37    (2) IF THE INTENDED PARENTS AND CHILD DO NOT RESIDE IN NEW YORK STATE,
   38  UP  TO  NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY WHERE THE
   39  CHILD IS BORN.
   40    (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
   41  INCLUDE THE FOLLOWING:
   42    (1)  A  STATEMENT THAT THE INTENDED PARENTS HAVE BEEN RESIDENTS OF THE
   43  STATE FOR AT LEAST NINETY DAYS OR IF THEY ARE NOT NEW YORK  STATE  RESI-
   44  DENTS, THE CHILD WAS BORN IN THE STATE; AND
   45    (2)  A STATEMENT FROM THE GESTATING MOTHER THAT SHE BECAME PREGNANT AS
   46  A RESULT OF THE DONATION OF THE GAMETES OR EMBRYOS AND A  REPRESENTATION
   47  OF NON-ACCESS DURING THE TIME OF CONCEPTION; AND
   48    (3)  A  STATEMENT  THAT  THE  INTENDED  PARENTS  CONSENTED TO ASSISTED
   49  REPRODUCTION OR ARTIFICIAL INSEMINATION PURSUANT TO SECTION  581-304  OF
   50  THIS ARTICLE; AND
   51    (4) WHERE THE GAMETES OR EMBRYOS WERE RECEIVED FROM A GAMETE OR EMBRYO
   52  STORAGE FACILITY, AN ATTACHED STATEMENT FROM THE FACILITY HAVING CUSTODY
   53  OF  THE  GAMETES  OR  EMBRYOS  DEMONSTRATING  THE DONATIVE INTENT OF THE
   54  GAMETE OR EMBRYO DONOR.
   55    (C) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S  DONA-
   56  TIVE INTENT:
       A. 6701                             5

    1    (1)  IN THE CASE OF AN ANONYMOUS DONOR, A STATEMENT FROM THE GAMETE OR
    2  EMBRYO STORAGE FACILITY WITH CUSTODY OF THE GAMETES OR EMBRYOS THAT  THE
    3  DONOR  RELINQUISHED  ANY PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES
    4  OR EMBRYOS AT THE TIME OF DONATION; AND
    5    (2)  IN  THE CASE OF A DONATION FROM A KNOWN DONOR, A NOTARIZED STATE-
    6  MENT FROM THE GAMETE OR EMBRYO  DONOR  ACKNOWLEDGING  THE  DONATION  AND
    7  CONFIRMING  THAT  THE DONORS HAVE NO PARENTAL OR PROPRIETARY INTEREST IN
    8  THE GAMETES OR EMBRYOS. IN THE ABSENCE OF A NOTARIZED STATEMENT FROM THE
    9  DONOR, THE DONOR SHALL BE SERVED BY  MAIL  AT  THE  DONOR'S  LAST  KNOWN
   10  ADDRESS WITH NOTICE OF THE PROCEEDING. FAILURE TO RESPOND TO SAID NOTICE
   11  SHALL BE CONSIDERED A DEFAULT AND NO FURTHER NOTICE SHALL BE REQUIRED.
   12    (D)  WHERE A PETITION DEMONSTRATES THE CONSENT OF THE INTENDED PARENTS
   13  PURSUANT TO SECTION 581-304 OF THIS ARTICLE, THE DONATIVE INTENT OF  THE
   14  GAMETE  OR  EMBRYO  DONORS  AND  THAT  THE  PREGNANCY  RESULTED FROM THE
   15  DONATION, THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE:
   16    (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED  PARENTS
   17  ARE THE ONLY LEGAL PARENTS OF THE CHILD; AND
   18    (2)  ORDERING  THE  INTENDED PARENTS TO ASSUME SOLE RESPONSIBILITY FOR
   19  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE  BIRTH  OF
   20  THE CHILD; AND
   21    (3)  ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
   22  OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK  CITY
   23  DEPARTMENT  OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
   24  THE HOSPITAL WHERE THE CHILD IS BORN AND  DIRECTING  THAT  THE  HOSPITAL
   25  REPORT  THE  PARENTAGE  OF  THE  CHILD  TO THE APPROPRIATE DEPARTMENT OF
   26  HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
   27  ICATE  HAS  ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
   28  APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH  CERTIFICATE  IN  AN
   29  EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
   30    S 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN PURSU-
   31  ANT  TO  A  GESTATIONAL CARRIER ARRANGEMENT.   (A) THE PROCEEDING MAY BE
   32  COMMENCED AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN  EXECUTED
   33  BY  ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT NOT JOIN-
   34  ING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING.  FAIL-
   35  URE  TO  RESPOND  TO  THE  NOTICE  SHALL  BE CONSIDERED A DEFAULT AND NO
   36  FURTHER NOTICE SHALL BE REQUIRED.
   37    (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
   38  INCLUDE THE FOLLOWING:
   39    (1)  A  STATEMENT THAT THE GESTATIONAL CARRIER OR THE INTENDED PARENTS
   40  HAVE BEEN RESIDENTS OF THE STATE FOR AT LEAST NINETY DAYS  AT  THE  TIME
   41  THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
   42    (2)  A  CERTIFICATION  FROM THE ATTORNEYS REPRESENTING THE PETITIONERS
   43  THAT THE PARTIES ARE ELIGIBLE TO PARTICIPATE IN THE GESTATIONAL  CARRIER
   44  ARRANGEMENT  AS REQUIRED BY SECTION 581-404 OF THIS ARTICLE AND THAT THE
   45  GESTATIONAL AGREEMENT CONTAINS THE REQUIRED TERMS UNDER SECTION  581-405
   46  OF THIS ARTICLE; AND
   47    (3)  A  STATEMENT THAT THE PARTIES ENTERED INTO THE GESTATIONAL AGREE-
   48  MENT KNOWINGLY AND VOLUNTARILY.
   49    (C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF  THIS  SECTION,  THE
   50  COURT   SHALL   ISSUE   A  JUDGMENT  OF  PARENTAGE,  WITHOUT  ADDITIONAL
   51  PROCEEDINGS OR DOCUMENTATION:
   52    (1) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM  OF
   53  THE GESTATIONAL AGREEMENT, THE INTENDED PARENTS ARE THE LEGAL PARENTS OF
   54  THE CHILD; AND
       A. 6701                             6

    1    (2)  DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
    2  THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND HER  SPOUSE,  IF
    3  ANY, ARE NOT THE LEGAL PARENTS OF THE CHILD; AND
    4    (3) ORDERING THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY, TO TRANS-
    5  FER  THE CHILD TO THE INTENDED PARENTS IF THIS HAS NOT ALREADY OCCURRED;
    6  AND
    7    (4) ORDERING THE INTENDED PARENTS TO ASSUME  SOLE  RESPONSIBILITY  FOR
    8  THE  MAINTENANCE  AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF
    9  THE CHILD; AND
   10    (5) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE  JUDGMENT
   11  OF  PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
   12  DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS  IN
   13  THE  HOSPITAL  WHERE  THE  CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
   14  REPORT THE PARENTAGE OF THE  CHILD  TO  THE  APPROPRIATE  DEPARTMENT  OF
   15  HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
   16  ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER  DIRECTING  THE
   17  APPROPRIATE  DEPARTMENT  OF  HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
   18  EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
   19    (D) THE AGREEMENT OF THE INTENDED PARENTS TO  PAY  REASONABLE  COMPEN-
   20  SATION  TO  THE  GESTATIONAL CARRIER IN EXCESS OF REASONABLE MEDICAL AND
   21  ANCILLARY COSTS SHALL NOT BE A BAR TO THE  ISSUANCE  OF  A  JUDGMENT  OF
   22  PARENTAGE.
   23    S  581-204.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE OF A CHILD WHOSE
   24  PARENTAGE IS ESTABLISHED PURSUANT TO SECTION 581-601 OF THIS ARTICLE.  A
   25  PROCEEDING FOR A JUDGMENT OF PARENTAGE  MAY  BE  COMMENCED  BY  VERIFIED
   26  PETITION TO ESTABLISH PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE AT
   27  ANY TIME IN THE COUNTY OF RESIDENCE OF THE CHILD OR OF A PARENT, INCLUD-
   28  ING A PERSON ASSERTING TO HAVE FORMED A PARENT-CHILD RELATIONSHIP WITH A
   29  CHILD  UNDER  SECTION  581-601  OF THIS ARTICLE. UPON A DETERMINATION OF
   30  PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE, THE COURT SHALL ISSUE A
   31  JUDGMENT OF PARENTAGE DECLARING THE PARENTS OF THE CHILD FOR  ALL  LEGAL
   32  PURPOSES.
   33    S 581-205. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
   34  NOTWITHSTANDING  OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
   35  APPLY, A JUDGMENT OF PARENTAGE  MAY  BE  OBTAINED  UNDER  THIS  PART  BY
   36  INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE.
   37    S  581-206. JURISDICTION.  PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE
   38  INSTITUTED IN THE  SUPREME,  FAMILY  OR  SURROGATE'S  COURT  EXCEPT  FOR
   39  PROCEEDINGS  PURSUANT  TO SECTION 581-204 OF THIS PART MAY BE INSTITUTED
   40  IN THE SUPREME OR FAMILY COURT.

   41                                   PART 3
   42          CHILD OF ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION
   43  SECTION 581-301. SCOPE OF ARTICLE.
   44          581-302. STATUS OF DONOR.
   45          581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION OR  ARTIFI-
   46                     CIAL INSEMINATION.
   47          581-304. CONSENT  TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMI-
   48                     NATION.
   49          581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
   50                     ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.
   51          581-306. EFFECT OF DISSOLUTION OF  RELATIONSHIP  OF  SPOUSES  OR
   52                     WITHDRAWAL OF CONSENT.
   53          581-307. EFFECT OF DEATH OF INTENDED PARENT.
   54    S 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
   55  OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
       A. 6701                             7

    1    S  581-302.  STATUS  OF  DONOR.    A  DONOR IS NOT A PARENT OF A CHILD
    2  CONCEIVED BY MEANS OF ASSISTED REPRODUCTION OR  ARTIFICIAL  INSEMINATION
    3  EXCEPT AS PROVIDED IN SECTION 581-303 OF THIS PART.
    4    S  581-303.  PARENTAGE OF CHILD OF ASSISTED REPRODUCTION OR ARTIFICIAL
    5  INSEMINATION.   (A) AN INDIVIDUAL  WHO  PROVIDES  GAMETES  FOR  ASSISTED
    6  REPRODUCTION  OR  ARTIFICIAL INSEMINATION WITH THE INTENT TO BE A PARENT
    7  OF THE CHILD, OR CONSENTS TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMI-
    8  NATION AS PROVIDED IN SECTION 581-304 OF THIS PART, IS A PARENT  OF  THE
    9  RESULTING CHILD FOR ALL LEGAL PURPOSES.
   10    (B) UPON APPLICATION BY ANY PARTICIPANT, THE COURT SHALL ISSUE A JUDG-
   11  MENT  OF  PARENTAGE  TO ANY PARTICIPANT WHO IS A PARENT PURSUANT TO THIS
   12  ACT.
   13    S 581-304. CONSENT TO ASSISTED REPRODUCTION  OR  ARTIFICIAL  INSEMINA-
   14  TION.  (A) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS
   15  OF  ASSISTED  REPRODUCTION  OR  ARTIFICIAL INSEMINATION IS A SPOUSE, THE
   16  CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION OR ARTIFICIAL INSE-
   17  MINATION IS PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE  PARENTAGE  OF
   18  THE CHILD, EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
   19    (B)  CONSENT TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION BY AN
   20  INDIVIDUAL WHO INTENDS TO BE A PARENT AND  IS  NOT  THE  SPOUSE  OF  THE
   21  INTENDED  PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPROD-
   22  UCTION OR ARTIFICIAL INSEMINATION MUST  BE  IN  A  SIGNED  RECORD  WHICH
   23  ACKNOWLEDGES  THE INTENDED PARENTS' JOINT PARTICIPATION AND INTENTION TO
   24  PARENT TOGETHER.
   25    (C) THE FAILURE OF A  PERSON  TO  SIGN  A  RECORD  EVIDENCING  HIS/HER
   26  CONSENT  AS  PROVIDED  IN  SUBDIVISION  (B)  OF  THIS  SECTION SHALL NOT
   27  PRECLUDE A FINDING THAT SUCH CONSENT EXISTED IF THE COURT FINDS BY CLEAR
   28  AND CONVINCING EVIDENCE THAT AT THE TIME OF THE  CHILD'S  CONCEPTION  OR
   29  BIRTH,  BOTH  THE  INTENDED PARENT WHO GIVES BIRTH TO THE CHILD AND SUCH
   30  PERSON RESIDED IN THE SAME HOUSEHOLD  AS  INTIMATE  PARTNERS,  AND  HELD
   31  THEMSELVES AND EACH OTHER OUT AS THE PARENTS OF THE INTENDED CHILD.
   32    S  581-305.  LIMITATION  ON  SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
   33  ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.  (A) EXCEPT AS OTHER-
   34  WISE PROVIDED IN SUBDIVISION (B) OF THIS  SECTION,  NEITHER  SPOUSE  MAY
   35  CHALLENGE THE PRESUMPTION OF PARENTAGE OF THE CHILD UNLESS:
   36    (1)  WITHIN  TWO  YEARS  AFTER  LEARNING  OF  THE BIRTH OF THE CHILD A
   37  PROCEEDING IS COMMENCED TO ADJUDICATE PARENTAGE; AND
   38    (2) THE COURT FINDS BY  CLEAR  AND  CONVINCING  EVIDENCE  THAT  EITHER
   39  SPOUSE  DID  NOT  CONSENT FOR THE NON-GESTATING SPOUSE TO BE A PARENT OF
   40  THE CHILD.
   41    (B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT  ANY
   42  TIME IF THE COURT DETERMINES THAT:
   43    (1)  THE  SPOUSE  DID NOT PROVIDE GAMETES FOR, OR CONSENT TO, ASSISTED
   44  REPRODUCTION OR ARTIFICIAL  INSEMINATION  BY  THE  INDIVIDUAL  WHO  GAVE
   45  BIRTH; AND
   46    (2)  THE  SPOUSE  AND THE INDIVIDUAL WHO GAVE BIRTH HAVE NOT COHABITED
   47  SINCE THE SPOUSE KNEW OR HAD REASON TO KNOW OF THE PREGNANCY; AND
   48    (3) THE SPOUSE NEVER OPENLY HELD OUT THE CHILD AS HIS OR HER OWN.
   49    (C) THE LIMITATION PROVIDED IN  THIS  SECTION  APPLIES  TO  A  SPOUSAL
   50  RELATIONSHIP  THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
   51  OR ARTIFICIAL INSEMINATION.
   52    S 581-306. EFFECT OF DISSOLUTION OF RELATIONSHIP OF SPOUSES  OR  WITH-
   53  DRAWAL  OF CONSENT.  AN INDIVIDUAL WHO WITHDRAWS CONSENT PRIOR TO TRANS-
   54  FER IS NOT A PARENT.
   55    S 581-307. EFFECT OF DEATH OF INTENDED PARENT.   EXCEPT  AS  OTHERWISE
   56  PROVIDED  IN  THE  ESTATES,  POWERS AND TRUSTS LAW, IF AN INDIVIDUAL WHO
       A. 6701                             8

    1  CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION OR ARTIFI-
    2  CIAL INSEMINATION DIES BEFORE THE TRANSFER OF EGGS, SPERM,  OR  EMBRYOS,
    3  THE  DECEASED  INDIVIDUAL  IS NOT A PARENT OF THE RESULTING CHILD UNLESS
    4  THE  DECEASED  INDIVIDUAL  CONSENTED IN A SIGNED RECORD THAT IF ASSISTED
    5  REPRODUCTION OR ARTIFICIAL INSEMINATION WERE TO OCCUR AFTER  DEATH,  THE
    6  DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD.

    7                                   PART 4
    8                            GESTATIONAL AGREEMENT
    9  SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
   10          581-404. ELIGIBILITY.
   11          581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.
   12          581-406. TERMINATION OF GESTATIONAL AGREEMENT.
   13          581-407. GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT SPOUSAL
   14                     RELATIONSHIP.
   15          581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE.
   16          581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.
   17          581-410. INSPECTION OF RECORDS.
   18          581-411. EXCLUSIVE, CONTINUING JURISDICTION.
   19    S 581-401. GESTATIONAL AGREEMENT AUTHORIZED.   (A) IF  ELIGIBLE  UNDER
   20  THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
   21  ER,  HER SPOUSE IF APPLICABLE, AND THE INTENDED PARENTS MAY ENTER INTO A
   22  GESTATIONAL AGREEMENT WHICH WILL BE ENFORCEABLE PROVIDED THE GESTATIONAL
   23  AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTICLE.
   24    (B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH  OF  A  CHILD
   25  CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
   26    (C)  A  GESTATIONAL  AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
   27  UNDER PART FIVE OF THIS ARTICLE.
   28    (D) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
   29  CARRIER TO MAKE DECISIONS TO SAFEGUARD HER HEALTH.
   30    S 581-404. ELIGIBILITY.  (A) A GESTATIONAL CARRIER SHALL  BE  ELIGIBLE
   31  TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
   32  SHE  HAS  MET  THE  FOLLOWING  REQUIREMENTS  AT THE TIME THE GESTATIONAL
   33  AGREEMENT IS EXECUTED:
   34    (1) SHE IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
   35    (2) SHE HAS COMPLETED A MEDICAL EVALUATION WITH A HEALTH CARE  PRACTI-
   36  TIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
   37    (3)  SHE HAS UNDERGONE LEGAL CONSULTATION WITH INDEPENDENT LEGAL COUN-
   38  SEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND  THE  POTENTIAL
   39  LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
   40    (4) SHE HAS, OR THE GESTATIONAL AGREEMENT STIPULATES THAT PRIOR TO THE
   41  EMBRYO  TRANSFER, SHE WILL OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS
   42  MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION, AND THE  HEALTH  INSURANCE
   43  POLICY  HAS  A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED
   44  PREGNANCY AND FOR EIGHT WEEKS AFTER THE BIRTH OF THE CHILD;  THE  POLICY
   45  MAY  BE  PROCURED  AND PAID FOR BY THE INTENDED PARENTS ON BEHALF OF THE
   46  GESTATIONAL CARRIER PURSUANT TO THE GESTATIONAL AGREEMENT.
   47    (B) THE INTENDED PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN  ENFORCEA-
   48  BLE  GESTATIONAL  AGREEMENT  UNDER THIS ARTICLE IF HE, SHE, OR THEY HAVE
   49  MET THE FOLLOWING REQUIREMENTS AT THE TIME THE GESTATIONAL AGREEMENT WAS
   50  EXECUTED:
   51    (1) HE, SHE, OR THEY HAVE UNDERGONE LEGAL CONSULTATION WITH  INDEPEND-
   52  ENT  LEGAL  COUNSEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND
   53  THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT;
   54  AND
       A. 6701                             9

    1    (2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
    2  OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE  INTIMATE  PARTNERS
    3  TOGETHER, EXCEPT WHERE THE INTENDED PARENT AND HIS OR HER SPOUSE:
    4    (I)  ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
    5  SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF  SEPARATION  SUBSCRIBED
    6  BY  THE  PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
    7  TO ENTITLE A DEED TO BE RECORDED; OR
    8    (II) HAVE BEEN LIVING SEPARATE AND APART  FOR  AT  LEAST  THREE  YEARS
    9  PRIOR  TO EXECUTION OF THE GESTATIONAL AGREEMENT, THEN THE SPOUSE OF THE
   10  INTENDED PARENT IS NOT REQUIRED TO BE A PARTY TO THE GESTATIONAL  AGREE-
   11  MENT AND SHALL NOT HAVE PARENTAL RIGHTS OR OBLIGATIONS TO THE CHILD.
   12    S  581-405.  REQUIREMENTS OF GESTATIONAL AGREEMENT.  (A) A GESTATIONAL
   13  AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED  THE  REQUIREMENTS  OF  THIS
   14  ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
   15    (1)  IT  SHALL BE IN A SIGNED RECORD VERIFIED BY THE INTENDED PARENTS,
   16  THE GESTATIONAL CARRIER, AND HER SPOUSE, IF ANY; AND
   17    (2) IT SHALL BE EXECUTED PRIOR TO  THE  COMMENCEMENT  OF  ANY  MEDICAL
   18  PROCEDURES  IN  FURTHERANCE OF THE GESTATIONAL CARRIER ARRANGEMENT OTHER
   19  THAN MEDICAL EVALUATIONS  NECESSARY  TO  DETERMINE  ELIGIBILITY  OF  THE
   20  PARTIES PURSUANT TO SECTION 581-404 OF THIS PART; AND
   21    (3)  IT  SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING THE ELIGI-
   22  BILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-404 OF  THIS  PART
   23  AND BY THE GESTATIONAL CARRIER'S SPOUSE, IF ANY; AND
   24    (4)  IT  SHALL BE EXECUTED BY INTENDED PARENTS MEETING THE ELIGIBILITY
   25  REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-404 OF THIS PART; AND
   26    (5) THE GESTATIONAL CARRIER AND THE INTENDED PARENTS SHALL  HAVE  BEEN
   27  REPRESENTED  BY  SEPARATE, INDEPENDENT COUNSEL IN ALL MATTERS CONCERNING
   28  THE GESTATIONAL CARRIER ARRANGEMENT AND THE GESTATIONAL AGREEMENT; AND
   29    (6) IF THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT  OF  COMPEN-
   30  SATION  TO  THE  GESTATIONAL  CARRIER,  THE COMPENSATION SHALL HAVE BEEN
   31  PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR  TO  THE  GESTA-
   32  TIONAL  CARRIER'S  COMMENCEMENT  OF  ANY  MEDICAL  PROCEDURE  OTHER THAN
   33  MEDICAL EVALUATIONS NECESSARY TO  DETERMINE  THE  GESTATIONAL  CARRIER'S
   34  ELIGIBILITY; AND
   35    (7) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
   36    (I) AS TO THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY:
   37    (A)  THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO TRANS-
   38  FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
   39    (B) THE AGREEMENT OF THE GESTATIONAL CARRIER AND HER SPOUSE,  IF  ANY,
   40  TO  SURRENDER  CUSTODY OF ALL RESULTING CHILDREN TO THE INTENDED PARENTS
   41  IMMEDIATELY UPON THE BIRTH; AND
   42    (C) THE RIGHT OF THE GESTATIONAL CARRIER TO UTILIZE THE SERVICES OF  A
   43  HEALTH  CARE  PRACTITIONER  OF HER CHOOSING, AFTER CONSULTATION WITH THE
   44  INTENDED PARENTS, TO PROVIDE HER CARE DURING THE PREGNANCY; AND
   45    (II) AS TO THE INTENDED PARENT OR PARENTS:
   46    (A) THE AGREEMENT TO ACCEPT CUSTODY OF ALL  RESULTING  CHILDREN  IMME-
   47  DIATELY  UPON  BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL
   48  CONDITION; AND
   49    (B) THE AGREEMENT TO ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE
   50  CHILDREN IMMEDIATELY UPON THE CHILDREN'S BIRTH; AND
   51    (C) THE AGREEMENT THAT THE RIGHTS  AND  OBLIGATIONS  OF  THE  INTENDED
   52  PARENT OR PARENTS UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE.
   53    S  581-406.  TERMINATION OF GESTATIONAL AGREEMENT.  (A) AFTER ISSUANCE
   54  OF A JUDGMENT OF PARENTAGE PURSUANT TO SECTION 581-203 OF THIS  ARTICLE,
   55  BUT BEFORE THE GESTATIONAL CARRIER BECOMES PREGNANT BY MEANS OF ASSISTED
   56  REPRODUCTION,  THE GESTATIONAL CARRIER, HER SPOUSE, IF ANY, OR EITHER OF
       A. 6701                            10

    1  THE INTENDED PARENTS MAY TERMINATE THE GESTATIONAL AGREEMENT  BY  GIVING
    2  NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES AND ANY LIABILITY
    3  RESULTING  THEREFROM  WILL  BE DETERMINED PURSUANT TO SECTION 581-408 OF
    4  THIS PART.
    5    (B)  AN  INDIVIDUAL  WHO TERMINATES A GESTATIONAL AGREEMENT UNDER THIS
    6  SECTION SHALL FILE NOTICE OF THE TERMINATION WITH THE COURT. ON  RECEIPT
    7  OF  THE  NOTICE, THE COURT SHALL VACATE THE JUDGMENT OF PARENTAGE ISSUED
    8  UNDER THIS ARTICLE.
    9    S  581-407.  GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT   SPOUSAL
   10  RELATIONSHIP.  AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER THIS
   11  ARTICLE,  THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL CARRIER
   12  DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL  AGREEMENT,  HER  SPOUSE'S
   13  CONSENT TO THE AGREEMENT SHALL NOT BE REQUIRED, AND HER SPOUSE SHALL NOT
   14  BE THE PRESUMED PARENT OF THE RESULTING CHILD.
   15    S  581-408.  FAILURE  TO  OBTAIN  A JUDGMENT OF PARENTAGE.   WHERE THE
   16  INTENDED PARENTS OR THE GESTATIONAL CARRIER FAIL TO OBTAIN A JUDGMENT OF
   17  PARENTAGE PURSUANT TO SECTION 581-203 OF THIS ARTICLE, THE PARENTAGE  OF
   18  A  CHILD BORN AS THE RESULT OF A GESTATIONAL CARRIER ARRANGEMENT WILL BE
   19  DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD TAKING INTO  ACCOUNT
   20  GENETICS AND THE INTENT OF THE PARTIES.
   21    S 581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.  (A) ANY DISPUTE WHICH
   22  IS  RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO PARENT-
   23  AGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH  SHALL  DETERMINE  THE
   24  RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE  PARTIES. IF A GESTATIONAL
   25  AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, THE  AGREEMENT
   26  IS NOT ENFORCEABLE.
   27    (B)  EXCEPT  AS  EXPRESSLY  PROVIDED IN THE GESTATIONAL AGREEMENT, THE
   28  INTENDED PARENT OR PARENTS AND GESTATIONAL CARRIER SHALL BE ENTITLED  TO
   29  ALL  REMEDIES  AVAILABLE  AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE
   30  GESTATIONAL AGREEMENT.
   31    (C) THERE SHALL BE NO SPECIFIC  PERFORMANCE  REMEDY  AVAILABLE  FOR  A
   32  BREACH  BY  THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT TERM THAT
   33  REQUIRES HER TO BE IMPREGNATED.
   34    S 581-410. INSPECTION OF RECORDS.  THE PROCEEDINGS, RECORDS, AND IDEN-
   35  TITIES OF THE INDIVIDUAL PARTIES TO A GESTATIONAL AGREEMENT  UNDER  THIS
   36  ARTICLE  SHALL  BE SEALED EXCEPT UPON THE PETITION OF THE PARTIES TO THE
   37  GESTATIONAL AGREEMENT OR THE CHILD BORN AS A RESULT OF  THE  GESTATIONAL
   38  CARRIER ARRANGEMENT.
   39    S  581-411. EXCLUSIVE, CONTINUING JURISDICTION.  SUBJECT TO THE JURIS-
   40  DICTIONAL STANDARDS OF SECTION SEVENTY-SIX  OF  THE  DOMESTIC  RELATIONS
   41  LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS ARTICLE HAS EXCLUSIVE,
   42  CONTINUING  JURISDICTION  OF  ALL MATTERS ARISING OUT OF THE GESTATIONAL
   43  AGREEMENT UNTIL A CHILD BORN TO THE GESTATIONAL CARRIER DURING THE PERI-
   44  OD GOVERNED BY THE AGREEMENT ATTAINS THE AGE OF ONE HUNDRED EIGHTY DAYS.

   45                                   PART 5
   46                 PAYMENT TO DONORS AND GESTATIONAL CARRIERS
   47  SECTION 581-501. REIMBURSEMENT.
   48          581-502. COMPENSATION.
   49    S 581-501. REIMBURSEMENT.  (A) A DONOR WHO HAS ENTERED  INTO  A  VALID
   50  AGREEMENT  TO  BE  A  DONOR,  MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
   51  PARENT OR PARENTS FOR ECONOMIC LOSSES INCURRED IN  CONNECTION  WITH  THE
   52  DONATION  WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBR-
   53  YOS.
       A. 6701                            11

    1    (B) PREMIUMS PAID  FOR  INSURANCE  AGAINST  ECONOMIC  LOSSES  DIRECTLY
    2  RESULTING  FROM  THE  RETRIEVAL  OR  STORAGE  OF  GAMETES OR EMBRYOS FOR
    3  DONATION MAY BE REIMBURSED.
    4    S  581-502. COMPENSATION.   (A) COMPENSATION MAY BE PAID TO A DONOR OR
    5  GESTATIONAL CARRIER BASED ON SERVICES RENDERED, EXPENSES THAT HAVE  BEEN
    6  OR WILL BE INCURRED, TIME, AND INCONVENIENCE. UNDER NO CIRCUMSTANCES MAY
    7  COMPENSATION  BE  PAID  TO PURCHASE GAMETES OR EMBRYOS OR TO PAY FOR THE
    8  RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
    9    (B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR  GESTATIONAL  CARRIER
   10  MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
   11  SAID  PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION OF
   12  THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO  EIGHT  WEEKS  AFTER  THE
   13  BIRTH OF THE CHILD.
   14    (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
   15  GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
   16    (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
   17  TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.

   18                                   PART 6
   19      FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
   20  SECTION 581-601. DETERMINATION OF PARENTHOOD.
   21    S 581-601. DETERMINATION OF PARENTHOOD.  (A) A PERSON SEEKING TO QUAL-
   22  IFY FOR A JUDGMENT OF PARENTAGE UNDER THIS PART IS REFERRED TO HEREIN AS
   23  "PETITIONER".
   24    (B)  THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE TO A PETITIONER WHO
   25  DEMONSTRATES THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
   26    (1) THE PARENT OR PARENTS OF A CHILD  CONSENTED  TO  THE  PETITIONER'S
   27  FORMATION OF A PARENT-CHILD RELATIONSHIP WITH THE CHILD, SUCH CONSENT TO
   28  BE  EXPRESSED  IN WRITTEN FORM, INCLUDING BUT NOT LIMITED TO, ANY OF THE
   29  FOLLOWING EXAMPLES: A SIGNED LETTER AGREEMENT, AN EXECUTED  CONTRACT,  A
   30  BIRTH  ANNOUNCEMENT,  A  RELIGIOUS  CEREMONY  DOCUMENT,  OR  A SCHOOL OR
   31  MEDICAL RECORD; AND
   32    (2) PETITIONER RESIDED IN THE SAME HOUSEHOLD  WITH  THE  CHILD  FOR  A
   33  LENGTH  OF  TIME  SUFFICIENT, GIVEN THE AGE OF THE CHILD, TO HAVE ESTAB-
   34  LISHED WITH THE CHILD  A  BONDED,  DEPENDENT  RELATIONSHIP  PARENTAL  IN
   35  NATURE; AND
   36    (3) PETITIONER PERFORMED PARENTAL FUNCTIONS FOR THE CHILD TO A SIGNIF-
   37  ICANT DEGREE; AND
   38    (4) PETITIONER FORMED A PARENT-CHILD BOND WITH THE CHILD.
   39    (C) PETITIONER UNDER THIS PART SHALL NOT INCLUDE A GRANDPARENT OF SUCH
   40  MINOR  CHILD,  A  PERSON  WHOSE  RELATIONSHIP WITH THE CHILD IS BASED ON
   41  PAYMENT BY THE PARENT, OR A PERSON WHO HAS NOT AT ANY TIME BEEN AN INTI-
   42  MATE PARTNER WITH A PARENT OF THE CHILD.
   43    (D) PETITIONER QUALIFYING AS A PARENT  UNDER  THIS  SECTION  SHALL  BE
   44  DEEMED TO BE THE LEGAL PARENT OF SUCH CHILD FOR ALL PURPOSES.
   45    (E)  A  JUDGMENT  OF  PARENTAGE  SHALL  BE  ISSUED PURSUANT TO SECTION
   46  581-204 OF THIS  ARTICLE  CONFIRMING  ESTABLISHMENT  OF  A  PARENT-CHILD
   47  RELATIONSHIP AS PROVIDED IN THIS PART.

   48                                   PART 7
   49                          MISCELLANEOUS PROVISIONS
   50  SECTION 581-701. REMEDIAL.
   51          581-702. SEVERABILITY.
   52          581-703. PARENT  UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
   53                     LAW.
       A. 6701                            12

    1    S 581-701. REMEDIAL.   THIS LEGISLATION IS HEREBY  DECLARED  TO  BE  A
    2  REMEDIAL  STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
    3  CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
    4    S  581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS LEGIS-
    5  LATION BY A COURT OF COMPETENT JURISDICTION  SHALL  NOT  RESULT  IN  THE
    6  INVALIDATION OF ANY OTHER PART.
    7    S 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
    8  THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
    9  INCLUDE  A  PERSON  ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
   10  OTHER RELEVANT LAW.
   11    S 2. Section 73 of the domestic relations law is REPEALED.
   12    S 3. Article 8 of the domestic relations law is REPEALED.
   13    S 4. This act shall take effect on the one hundred twentieth day after
   14  it shall have become a law. Effective immediately, the addition,  amend-
   15  ment and/or repeal of any rule or regulation necessary for the implemen-
   16  tation  of this act on its effective date is authorized to be made on or
   17  before such date.
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