STATE OF NEW YORK
________________________________________________________________________
2057
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Judiciary
AN ACT to amend the family court act and the general business law, in
relation to surrogacy agreements; and to amend a chapter of the laws
of 2024 amending the family court act, the domestic relations law and
the general business law relating to surrogacy programs and agree-
ments, as proposed in legislative bills numbers S. 5107-C and A.
4921-C
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions (j), (k) and (s) of section 581-102 of the
2 family court act, as amended by a chapter of the laws of 2024 amending
3 the family court act, the domestic relations law and the general busi-
4 ness law relating to surrogacy programs and agreements, as proposed in
5 legislative bills numbers S. 5107-C and A. 4921-C, are amended to read
6 as follows:
7 (j) "In vitro fertilization" means the formation of a human embryo
8 outside the human body for purposes of assisted reproduction.
9 (k) "Intended parent" is an individual who manifests the intent to be
10 legally bound as the parent of a child resulting from assisted reprod-
11 uction or a surrogacy agreement, provided [he or she] the individual
12 meets the requirements of this article.
13 (s) "Surrogacy agreement" means an agreement between at least one
14 intended parent and a person acting as surrogate intended to result in a
15 live birth where the child will be the legal child of the intended
16 parent or parents.
17 § 2. Subdivision (d) of section 581-203 of the family court act, as
18 amended by a chapter of the laws of 2024 amending the family court act,
19 the domestic relations law and the general business law relating to
20 surrogacy programs and agreements, as proposed in legislative bills
21 numbers S. 5107-C and A. 4921-C, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02892-01-5
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1 (d) Where the court finds the statements required by subdivision (c)
2 of this section to be true, the court shall issue a judgment of parent-
3 age, without additional proceedings or documentation:
4 (1) declaring, that upon the birth of the child born during the term
5 of the surrogacy agreement, the intended parent or parents are the only
6 legal parent or parents of the child;
7 (2) declaring, that upon the birth of the child born during the term
8 of the surrogacy agreement, the person acting as surrogate, and the
9 spouse of the person acting as surrogate, if applicable, is not a legal
10 parent of the child;
11 (3) declaring that upon the birth of the child born during the term of
12 the surrogacy agreement, any donor, if applicable, is not a parent of
13 the child;
14 (4) ordering the person acting as surrogate and the spouse of the
15 person acting as surrogate, if any, to transfer the child to the
16 intended parent or parents if this has not already occurred;
17 (5) ordering the intended parent or parents to assume responsibility
18 for the maintenance and support of the child immediately upon the birth
19 of the child; and
20 (6) ordering that:
21 (i) The hospital birth registrar shall report the parentage of the
22 child on the record of live birth in conformity with the judgment of
23 parentage, if the judgment of parentage is issued before the birth of
24 the child; and
25 (ii) If a change to the child's birth certificate is necessitated by
26 the judgment of parentage, then pursuant to section two hundred fifty-
27 four of the judiciary law, the clerk of the court shall transmit to the
28 state commissioner of health, or for a person born in New York city, to
29 the commissioner of health of the city of New York, on a form prescribed
30 by the commissioner, a written notification of such entry together with
31 such other facts as may assist in identifying the birth record of the
32 person whose parentage was in issue and, if the person whose parentage
33 has been determined is under eighteen years of age, the clerk shall also
34 transmit to the registry operated by the department of social services
35 pursuant to section three hundred seventy-two-c of the social services
36 law a notification of the determination; and
37 (iii) Pursuant to section forty-one hundred thirty-eight of the public
38 health law and NYC Public Health Code section 207.05 that upon receipt
39 of a judgement of parentage the local registrar where a child is born
40 will report the parentage of the child to the appropriate department of
41 health in conformity with the court order. If an original birth certif-
42 icate has already been issued, the appropriate department of health will
43 amend the birth certificate in an expedited manner and seal the previ-
44 ously issued birth certificate except that it may be rendered accessible
45 to the child at eighteen years of age or the legal parent or parents;
46 and
47 (7) if the judgment of parentage is issued prior to the birth of the
48 child, ordering the petitioner or petitioners, within [seven] fourteen
49 days of such birth, to provide the court with notification thereof,
50 together with such other facts as may assist in identifying the birth
51 record of the child whose parentage was in issue. Such notification
52 shall be in writing on a form to be prescribed by the chief administra-
53 tor of the courts. The court shall thereafter issue an amended judgment
54 of parentage that includes the child's name as it appears on the child's
55 birth certificate and the child's date of birth.
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1 § 3. Paragraphs 7 and 8 of subdivision (a) of section 581-402 of the
2 family court act, as amended by a chapter of the laws of 2024 amending
3 the family court act, the domestic relations law and the general busi-
4 ness law relating to surrogacy programs and agreements, as proposed in
5 legislative bills numbers S. 5107-C and A. 4921-C, is amended to read as
6 follows:
7 (7) the person acting as surrogate has or the surrogacy agreement
8 stipulates that the person acting as surrogate will obtain a comprehen-
9 sive health insurance [coverage] policy that takes effect [after the
10 person acting as surrogate has been deemed medically eligible but] prior
11 to taking any medication or commencing treatment to further embryo
12 transfer that covers[:
13 (i) preconception care. The surrogacy agreement shall state that the
14 intended parent or parents will be responsible for all medical costs of
15 the person acting as surrogate associated with their preconception care
16 including but not limited to medical and psychological screenings, medi-
17 cations, embryo transfer procedure, monitoring prior and subsequent to
18 the embryo transfer procedure and any complications associated with the
19 foregoing. The intended parent or parents shall be responsible for the
20 costs of any such complications either through insurance or by placing
21 and maintaining sufficient funds in escrow to cover such expenses. If
22 the surrogacy agreement is terminated after the person acting as surro-
23 gate has taken any medication or commenced treatment to further embryo
24 transfer but before pregnancy is achieved, such funds shall remain in
25 escrow for a minimum period of six months from the date the surrogacy
26 agreement is terminated;
27 (ii) medical expenses associated with pregnancy. The person acting as
28 surrogate has, or the surrogacy agreement shall stipulate that the
29 person acting as surrogate will obtain, comprehensive health insurance
30 coverage, via one or more insurance policies, prior to or immediately
31 upon confirmation of pregnancy that covers prenatal care, major medical
32 treatments, hospitalization, behavioral health care, childbirth and
33 postnatal care, and that such comprehensive coverage must be in place
34 throughout the duration of the pregnancy and for twelve months after the
35 birth of the child, a stillbirth, a miscarriage resulting in termination
36 of the pregnancy, or termination of the pregnancy. The policy shall be
37 paid for, whether directly or through reimbursement or other means, by
38 the intended parent or parents on behalf of the person acting as surro-
39 gate to the extent that there is an additional cost to the person acting
40 as surrogate for such health insurance coverage. The intended parent or
41 parents shall also pay for or reimburse the person acting as surrogate
42 for all co-payments, deductibles and any other out-of-pocket medical
43 costs associated with pregnancy, childbirth, or postnatal care, that
44 accrue through twelve months after the birth of the child, a stillbirth,
45 a miscarriage resulting in termination of the pregnancy, or termination
46 of the pregnancy; and
47 (iii) uncompensated surrogacy agreements. A person acting as surrogate
48 who is receiving no compensation may waive the right to have the
49 intended parent or parents make the payments set forth in this section]
50 preconception care, prenatal care, major medical treatments, hospitali-
51 zation, and behavioral health care, and the comprehensive policy has a
52 term that extends throughout the duration of the expected pregnancy and
53 for twelve months after the birth of the child, a stillbirth, a miscar-
54 riage resulting in termination of pregnancy, or termination of the preg-
55 nancy; the policy shall be paid for, whether directly or through
56 reimbursement or other means, by the intended parent or parents on
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1 behalf of the person acting as surrogate pursuant to the surrogacy
2 agreement, except that a person acting as surrogate who is receiving no
3 compensation may waive the right to have the intended parent or parents
4 pay for the health insurance policy. The intended parent or parents
5 shall also pay for or reimburse the person acting as surrogate for all
6 co-payments, deductibles and any other out-of-pocket medical costs asso-
7 ciated with preconception, pregnancy, childbirth, or postnatal care,
8 that accrue through twelve months after the birth of the child, a still-
9 birth, a miscarriage, or termination of the pregnancy. A person acting
10 as surrogate who is receiving no compensation may waive the right to
11 have the intended parent or parents make such payments or
12 reimbursements;
13 (8) the surrogacy agreement must provide that the intended parent or
14 parents shall procure and pay for a life insurance[, contractual liabil-
15 ity or accidental death insurance] policy for the person acting as
16 surrogate that takes effect prior to taking any medication or the
17 commencement of medical procedures to further embryo transfer, provides
18 a minimum benefit of seven hundred fifty thousand dollars or the maximum
19 amount the person acting as surrogate qualifies for if [it is] less than
20 seven hundred fifty thousand dollars, and [such coverage shall extend]
21 has a term that extends throughout the duration of the expected pregnan-
22 cy and for twelve months after the birth of the child, a stillbirth, a
23 miscarriage resulting in termination of pregnancy, or termination of the
24 pregnancy, with a beneficiary or beneficiaries of [the person acting as
25 surrogate's] their choosing. The policy shall be paid for, whether
26 directly or through reimbursement or other means, by the intended parent
27 or parents on behalf of the person acting as surrogate pursuant to the
28 surrogacy agreement, except that a person acting as surrogate who is
29 receiving no compensation may waive the right to have the intended
30 parent or parents pay for the life insurance[, contractual liability or
31 accidental death insurance] policy [but not the requirement to have such
32 a policy]; and
33 § 4. Subdivision (g) of section 581-403 of the family court act, as
34 amended by a chapter of the laws of 2024 amending the family court act,
35 the domestic relations law and the general business law relating to
36 surrogacy programs and agreements, as proposed in legislative bills
37 numbers S. 5107-C and A. 4921-C, is amended to read as follows:
38 (g) the surrogacy agreement must include information disclosing how
39 the intended parent or parents will cover the medical expenses of the
40 person acting as surrogate and the child. [The surrogacy agreement shall
41 specify the amount that the intended parent or parents shall place in
42 escrow to cover such reasonable anticipated costs including precon-
43 ception medical care and extending throughout the duration of the
44 expected surrogacy agreement. If it is anticipated that comprehensive
45 health care coverage will be used to cover the medical expenses for the
46 person acting as surrogate, the] If comprehensive health care coverage
47 is used to cover the medical expenses, the disclosure shall include a
48 review and summary of the health care policy provisions related to
49 coverage and exclusions for the person acting as [surrogate shall be
50 reviewed and summarized in relation to the anticipated pregnancy prior
51 to such policy being used to cover any of the person acting as surro-
52 gate's medical expenses incurred pursuant to the surrogacy agreement]
53 surrogate's pregnancy; and
54 § 5. Subparagraph (x) of paragraph 1 of subdivision (i) of section
55 581-403 of the family court act, as amended by a chapter of the laws of
56 2024 amending the family court act, the domestic relations law and the
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1 general business law relating to surrogacy programs and agreements, as
2 proposed in legislative bills numbers S. 5107-C and A. 4921-C, is
3 amended to read as follows:
4 (x) the surrogacy agreement shall provide that, upon the person acting
5 as surrogate's request, the intended parent or parents [shall] have or
6 will procure and pay for a disability insurance policy [or other insur-
7 ance policy to cover any lost wages incurred by] for the person acting
8 as surrogate [in connection with their participation in the surrogacy
9 agreement after taking any medication or commencing treatment to further
10 embryo transfer excluding medical procedures required to determine the
11 medical eligibility to become a person acting as surrogate. In the event
12 that such insurance coverage is not available, the intended parent or
13 parents shall reimburse the person acting as surrogate for any lost
14 wages the person acting as surrogate incurs in connection with their
15 participation in the surrogacy agreement]; the person acting as surro-
16 gate may designate the beneficiary of the person's choosing.
17 § 6. Section 581-405 of the family court act, as amended by a chapter
18 of the laws of 2024 amending the family court act, the domestic
19 relations law and the general business law relating to surrogacy
20 programs and agreements, as proposed in legislative bills numbers S.
21 5107-C and A. 4921-C, is amended to read as follows:
22 § 581-405. Termination of surrogacy agreement. After the execution of
23 a surrogacy agreement but before the [embryo transfer occurs or after an
24 unsuccessful embryo transfer] person acting as surrogate becomes preg-
25 nant by means of assisted reproduction, the person acting as surrogate,
26 the spouse of the person acting as surrogate, if applicable, or any
27 intended parent may terminate the surrogacy agreement by giving notice
28 of termination in a record to all other parties. Upon proper termination
29 of the surrogacy agreement the parties are released from all obligations
30 recited in the surrogacy agreement except that the intended parent or
31 parents [shall] remain responsible for all [lost wages and other finan-
32 cial obligations which have accrued] expenses that are reimbursable
33 under the agreement which have been incurred by the person acting as
34 surrogate through the date of termination. If the intended parent or
35 parents terminate the surrogacy agreement pursuant to this section after
36 the person acting as surrogate has taken any medication or commenced
37 treatment to further embryo transfer, such intended parent or parents
38 shall be responsible for paying for or reimbursing the person acting as
39 surrogate for all co-payments, deductibles, any other out-of-pocket
40 medical costs, and any other economic losses incurred within twelve
41 months [after] of the termination of the agreement [which, as documented
42 by a health care practitioner, are] and associated with taking such
43 medication or undertaking such treatment. Unless the agreement provides
44 otherwise, the person acting as surrogate is entitled to keep all
45 payments received and obtain all payments to which the person is enti-
46 tled up until the date of termination of the agreement. Neither a
47 person acting as surrogate nor the spouse of the person acting as surro-
48 gate, if [applicable] any, is liable to the intended parent or parents
49 for terminating a surrogacy agreement as provided in this section.
50 § 7. Section 581-604 of the family court act, as amended by a chapter
51 of the laws of 2024 amending the family court act, the domestic
52 relations law and the general business law relating to surrogacy
53 programs and agreements, as proposed in legislative bills numbers S.
54 5107-C and A. 4921-C, is amended to read as follows:
55 § 581-604. Health insurance and medical costs. A person acting as
56 surrogate has the right to have a comprehensive health insurance [cover-
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1 age] policy that covers preconception [medical expenses and medical
2 expenses associated with the pregnancy] care, prenatal care, major
3 medical treatments, hospitalization and behavioral care for a [period]
4 term that extends throughout the duration of the expected pregnancy and
5 for twelve months after the birth of the child, a stillbirth, a miscar-
6 riage resulting in termination of pregnancy, or termination of the preg-
7 nancy, to be paid for by the intended parent or parents. [In addition,
8 a person acting as a surrogate shall have the right to have the intended
9 parent or parents pay for all of their medical expenses incurred in
10 connection with the surrogacy agreement, continuing through the duration
11 of the expected pregnancy and for twelve months after the birth of the
12 child, a stillbirth, a miscarriage resulting in the termination of preg-
13 nancy, or the termination of the pregnancy.] The intended parent or
14 parents shall also pay for or reimburse the person acting as surrogate
15 for all co-payments, deductibles and any other out-of-pocket medical
16 costs associated with pregnancy, childbirth, or postnatal care that
17 accrue through twelve months after the birth of the child, a stillbirth,
18 a miscarriage, or the termination of the pregnancy. A person acting as a
19 surrogate who is receiving no compensation may waive the right to have
20 the intended parent or parents make such payments or reimbursements.
21 § 8. Section 581-605 of the family court act, as amended by a chapter
22 of the laws of 2024 amending the family court act, the domestic
23 relations law and the general business law relating to surrogacy
24 programs and agreements, as proposed in legislative bills numbers S.
25 5107-C and A. 4921-C, is amended to read as follows:
26 § 581-605. Counseling. A person acting as surrogate has the right to
27 [mental health] obtain a comprehensive health insurance policy that
28 covers behavioral health care and will cover the cost of psychological
29 counseling to address issues resulting from their participation in [the]
30 a surrogacy [agreement, which] and such policy shall be paid for by [an
31 insurance policy or by] the intended parent or parents.
32 § 9. Section 581-606 of the family court act, as amended by a chapter
33 of the laws of 2024 amending the family court act, the domestic
34 relations law and the general business law relating to surrogacy
35 programs and agreements, as proposed in legislative bills numbers S.
36 5107-C and A. 4921-C, is amended to read as follows:
37 § 581-606. Life insurance[, contractual liability, or accidental death
38 insurance policy]. A person acting as surrogate has the right to be
39 provided a life insurance, [contractual liability or accidental death
40 insurance] policy that takes effect prior to taking any medication or
41 commencement of treatment to further embryo transfer, provides a minimum
42 benefit of seven hundred fifty thousand dollars, or the maximum amount
43 the person acting as surrogate [qualifies] qualifying for [if] it less
44 than seven hundred fifty thousand dollars, and [such coverage shall
45 extend] has a term that extends throughout the duration of the expected
46 pregnancy and for twelve months after the birth of the child, a still-
47 birth, a miscarriage resulting in termination of pregnancy, or termi-
48 nation of the pregnancy, with a beneficiary or beneficiaries of [the
49 person acting as surrogate's] their choosing, to be paid for by the
50 intended parent or parents.
51 § 10. Section 581-705 of the family court act, as added by a chapter
52 of the laws of 2024 amending the family court act, the domestic
53 relations law and the general business law relating to surrogacy
54 programs and agreements, as proposed in legislative bills numbers S.
55 5107-C and A. 4921-C, is amended to read as follows:
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1 § 581-705. Adjudication. (a) A court adjudicating the parentage of a
2 child conceived through assisted reproduction or adjudicating the
3 enforceability of an embryo disposition agreement may apply section
4 581-202 and part three of this article retroactively.
5 (b) The participants in a surrogacy agreement that involved the
6 payment of compensation prior to February fifteenth, two thousand twen-
7 ty-one shall not be eligible to receive a judgment of parentage pursuant
8 to section 581-203 or section 581-406 of this article, but shall be
9 entitled to seek a judgment of parentage pursuant to section 581-407 of
10 this article.
11 (c) This article shall apply retroactively to uncompensated surrogacy
12 agreements entered into prior to February fifteenth, two thousand [twen-
13 ty-two] twenty-one, with regard to a court adjudication the parentage of
14 a child.
15 (d) Surrogacy agreements that were executed on or after February
16 fifteenth, two thousand [twenty-three] twenty-one, but before the effec-
17 tive date of the chapter of the laws of two thousand twenty-four that
18 added this subdivision that were in compliance with this article before
19 it was amended by the chapter of the laws of two thousand twenty-four
20 that added this subdivision shall be deemed a compliant surrogacy
21 agreement pursuant to section 581-406 of this article regardless of any
22 deviations from the current provisions of this article.
23 § 11. Subdivision (c) of section 1400 of the general business law, as
24 amended by a chapter of the laws of 2024 amending the family court act,
25 the domestic relations law and the general business law relating to
26 surrogacy programs and agreements, as proposed in legislative bills
27 numbers S. 5107-C and A. 4921-C, is amended to read as follows:
28 (c) "Surrogacy program" does not include any party to a surrogacy
29 agreement or any person licensed to practice law and representing a
30 party to the surrogacy agreement, but does include and is not limited to
31 any agency, agent, business, or individual engaged in, arranging, or
32 facilitating transactions contemplated by a surrogacy agreement, regard-
33 less of whether such agreement ultimately comports with the requirements
34 of part four of article five-C of the family court act. [Any person
35 licensed to practice law shall be deemed a surrogacy program only in
36 those cases where such person is providing matching services to the
37 intended parent or parents and the person acting as a surrogate.]
38 § 12. Subdivision 1 of section 1404 of the general business law, as
39 amended by a chapter of the laws of 2024 amending the family court act,
40 the domestic relations law and the general business law relating to
41 surrogacy programs and agreements, as proposed in legislative bills
42 numbers S. 5107-C and A. 4921-C, is amended to read as follows:
43 1. The department of health, in consultation with the department of
44 financial services, shall promulgate rules and regulations to implement
45 the requirements of this article regarding surrogacy programs and
46 assisted reproduction service providers in a manner that ensures the
47 safety and health of gamete providers and persons serving as surrogates.
48 Such regulations shall, at a minimum:
49 (a) Require surrogacy programs to monitor compliance with eligibility
50 criteria for the intended parents and persons acting as surrogates
51 pursuant to section 581-402 of the family court act; and
52 (b) Require the assisted reproduction service providers to administer
53 informed consent procedures that comply with regulations promulgated by
54 the department of health under section twenty-five hundred ninety-nine-
55 cc of the public health law.
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1 § 13. Section 27 of a chapter of the laws of 2024 amending the family
2 court act, the domestic relations law and the general business law
3 relating to surrogacy programs and agreements, as proposed in legisla-
4 tive bills numbers S. 5107-C and A. 4921-C, is amended to read as
5 follows:
6 § 27. This act shall take effect immediately; provided, however, that
7 the amendments to subparagraph (i) of paragraph 4 and paragraph 5 of
8 subdivision (g) of section 581-202 of the family court act made by
9 section two of this act, and to subparagraph (i) of paragraph 6 and
10 paragraph 7 of subdivision (d) of section 581-203 of the family court
11 act made by section three of this act shall take effect three years
12 after it shall have become a law.
13 § 14. This act shall take effect immediately; provided, however, that
14 sections one through twelve of this act shall take effect on the same
15 date and in the same manner as a chapter of the laws of 2024 amending
16 the family court act, the domestic relations law and the general busi-
17 ness law relating to surrogacy programs and agreements, as proposed in
18 legislative bills numbers S. 5107-C and A. 4921-C, takes effect.
