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A01071 Summary:

BILL NOA01071B
 
SAME ASSAME AS S02071-A
 
SPONSORPaulin (MS)
 
COSPNSRZebrowski, Weprin, Galef, Jaffee, Otis, Cook, Stirpe, Benedetto, Bronson, Mosley, Ortiz, Dinowitz, Rosenthal L, Steck, Simon, Woerner, Solages, Carroll, Fahy, De La Rosa, Rozic, Simotas, Lavine, Epstein, Dickens, Reyes, Walker, Rodriguez
 
MLTSPNSREnglebright, Gottfried, Peoples-Stokes, Thiele
 
Add Art 5-C Parts 1 - 6 581-101 - 581-604, Fam Ct Act; rpld 73, amd 121 - 124, Art Head Art 8, Dom Rel L; amd 4135-b, Pub Health L; add Art 44 1400 - 1403, Gen Bus L
 
Relates to relation to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy agreements; repeals provisions relating to the legitimacy of children born by artificial insemination.
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A01071 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1071--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M. of A. PAULIN, ZEBROWSKI, WEPRIN, GALEF, JAFFEE, OTIS,
          COOK, STIRPE, BENEDETTO, BRONSON, MOSLEY, ORTIZ,  DINOWITZ,  L. ROSEN-
          THAL,  STECK,  SIMON,  WOERNER,  SOLAGES,  CARROLL,  FAHY, DE LA ROSA,
          ROZIC, SIMOTAS, LAVINE, EPSTEIN, DICKENS, REYES, WALKER, RODRIGUEZ  --
          Multi-Sponsored   by   --   M.      of   A.   ENGLEBRIGHT,  GOTTFRIED,
          PEOPLES-STOKES, THIELE -- read once and referred to the  Committee  on
          Judiciary  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee on Codes -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the family  court  act,  in  relation  to  judgments  of
          parentage  of  children  conceived  through  assisted  reproduction or
          pursuant to surrogacy agreements; to amend the domestic relations law,
          in relation to restricting genetic surrogate parenting  contracts;  to
          amend  the public health law, in relation to voluntary acknowledgments
          of parentage; to amend the general business law, in  relation  to  the
          regulation  of  surrogacy  brokers;  and  to  repeal section 73 of the
          domestic relations law, relating to legitimacy  of  children  born  by
          artificial insemination
 
          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        JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
     5              REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
     6  PART 1. General provisions (581-101 - 581-102)
     7       2. Judgment of parentage (581-201 - 581-206)
     8       3. Child of assisted reproduction (581-301 - 581-307)
     9       4. Surrogacy agreement (581-401 - 581-409)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01279-20-9

        A. 1071--B                          2
 
     1       5. Payment to donors and persons acting as  surrogates  (581-501  -
     2       581-502)
     3       6. Miscellaneous provisions (581-601 - 581-604)
 
     4                                   PART 1
     5                             GENERAL PROVISIONS
     6  Section 581-101. Purpose.
     7          581-102. Definitions.
     8    §  581-101.  Purpose. The purpose of this article is to legally estab-
     9  lish a child's relationship to his or her parents  where  the  child  is
    10  conceived  through  assisted  reproduction except for children born to a
    11  person  acting  as  surrogate  who  contributed  the  gametes  used   in
    12  conception.  No fertilized egg, embryo or fetus shall have any independ-
    13  ent  rights  under the laws of this state, nor shall any fertilized egg,
    14  embryo or fetus be viewed as a child under the laws of this state.
    15    § 581-102. Definitions.  (a) "Assisted reproduction" means a method of
    16  causing pregnancy other than sexual intercourse and includes but is  not
    17  limited to:
    18    1. intrauterine or vaginal insemination;
    19    2. donation of gametes;
    20    3. donation of embryos;
    21    4. in vitro fertilization and transfer of embryos; and
    22    5. intracytoplasmic sperm injection.
    23    (b)  "Child" means a born individual of any age whose parentage may be
    24  determined under this act or other law.
    25    (c) "Compensation" means payment  of  any  valuable  consideration  in
    26  excess of reasonable medical and ancillary costs.
    27    (d) "Donor" means an individual who does not intend to be a parent who
    28  produces  gametes  and  provides  them to another person, other than the
    29  individual's spouse, for use in assisted reproduction.   The  term  does
    30  not  include  a person who is a parent under part three of this article.
    31  Donor also includes an individual who had dispositional  control  of  an
    32  embryo  who  then  transfers  dispositional control and relinquishes all
    33  present and future parental and inheritance rights and obligations to  a
    34  resulting child.
    35    (e)  "Embryo"  means  a  cell  or  group of cells containing a diploid
    36  complement of chromosomes or group  of  such  cells,  not  a  gamete  or
    37  gametes,  that has the potential to develop into a live born human being
    38  if transferred into the body of  a  person  under  conditions  in  which
    39  gestation may be reasonably expected to occur.
    40    (f) "Embryo transfer" means all medical and laboratory procedures that
    41  are  necessary  to effectuate the transfer of an embryo into the uterine
    42  cavity.
    43    (g) "Gamete" means a cell containing a haploid complement of DNA  that
    44  has  the  potential to form an embryo when combined with another gamete.
    45  Sperm and eggs are gametes.
    46    (h) "Surrogacy  agreement"  is  an  agreement  between  at  least  one
    47  intended parent and a person acting as surrogate intended to result in a
    48  live  birth  where  the  child  will  be the legal child of the intended
    49  parents.
    50    (i) "Person acting  as  surrogate"  means  an  adult  person,  not  an
    51  intended  parent,  who enters into a surrogacy agreement to bear a child
    52  who will be the legal child of the intended parent or parents so long as
    53  the person acting as surrogate has not provided the egg used to conceive
    54  the resulting child.

        A. 1071--B                          3
 
     1    (j) "Health care practitioner" means an individual licensed or  certi-
     2  fied  under  title  eight  of the education law acting within his or her
     3  scope of practice.
     4    (k)  "Intended parent" is an individual who manifests the intent to be
     5  legally bound as the parent of a child resulting from  assisted  reprod-
     6  uction  or  a  surrogacy agreement provided he or she meets the require-
     7  ments of this article.
     8    (l) "In vitro fertilization" means the formation  of  a  human  embryo
     9  outside the human body.
    10    (m)  "Parent"  means  an individual who has established a parent-child
    11  relationship under this act or other law.
    12    (n) "Participant" is an individual who either: provides a gamete  that
    13  is  used  in  assisted  reproduction, is an intended parent, is a person
    14  acting as surrogate, or is the spouse of an intended  parent  or  person
    15  acting as surrogate.
    16    (o)  "Record"  means  information  inscribed  in  a tangible medium or
    17  stored in an electronic or other medium that is retrievable in perceiva-
    18  ble form.
    19    (p) "Retrieval" means the procurement of eggs or sperm from  a  gamete
    20  provider.
    21    (q)  "Spouse"  means  an  individual  married to another, or who has a
    22  legal relationship entered into under the laws of the United  States  or
    23  of  any  state,  local  or  foreign jurisdiction, which is substantially
    24  equivalent to a marriage, including a civil union or  domestic  partner-
    25  ship.
    26    (r) "State" means a state of the United States, the District of Colum-
    27  bia,  Puerto Rico, the United States Virgin Islands, or any territory or
    28  insular possession subject to the jurisdiction of the United States.
    29    (s) "Transfer" means the placement of an embryo or  gametes  into  the
    30  body of a person with the intent to achieve pregnancy and live birth.
 
    31                                   PART 2
    32                            JUDGMENT OF PARENTAGE
    33  Section 581-201. Judgment of parentage.
    34          581-202. Proceeding   for  judgment  of  parentage  of  a  child
    35                     conceived through assisted reproduction.
    36          581-203.  Proceeding  for  judgment  of  parentage  of  a  child
    37                     conceived pursuant to a surrogacy agreement.
    38          581-204. Judgment  of  parentage  for  intended  parents who are
    39                     spouses.
    40          581-205. Inspection of records.
    41          581-206. Jurisdiction, and exclusive continuing jurisdiction.
    42    § 581-201. Judgment of parentage.  (a) A civil proceeding may be main-
    43  tained to adjudicate the parentage of a child  under  the  circumstances
    44  set  forth  in  this  article.  This proceeding is governed by the civil
    45  practice law and rules.
    46    (b) A judgment of parentage may be issued prior to birth but shall not
    47  become effective until the birth of the child.
    48    (c) A petition for a judgment of parentage or nonparentage of a  child
    49  conceived through assisted reproduction may be initiated by (1) a child,
    50  or  (2)  a parent, or (3) a participant, or (4) a person with a claim to
    51  parentage, or (5) the support/enforcement agency or  other  governmental
    52  agency  authorized  by  other law, or (6) a representative authorized by
    53  law to act for an individual who would otherwise be entitled to maintain
    54  a proceeding but who is deceased, incapacitated, or a minor, in order to
    55  legally establish the child-parent relationship of either a  child  born

        A. 1071--B                          4
 
     1  through  assisted  reproduction  under  part  three of this article or a
     2  child born pursuant to a surrogacy agreement under  part  four  of  this
     3  article.
     4    §  581-202.  Proceeding for judgment of parentage of a child conceived
     5  through assisted reproduction.   (a) A  proceeding  for  a  judgment  of
     6  parentage  with  respect  to  a child conceived through assisted reprod-
     7  uction may be commenced:
     8    (1) if the intended parent resides in New York state,  in  the  county
     9  where  the  intended parent resides any time after pregnancy is achieved
    10  or in the county where the child was born or resides; or
    11    (2) if the intended parent and child do not reside in New York  state,
    12  up  to  ninety days after the birth of the child in the county where the
    13  child was born.
    14    (b) The petition for a judgment of parentage must be verified.
    15    (c) Where a petition includes the following statements, the court must
    16  adjudicate any intended parent to be the parent of the child:
    17    (1) a statement that an intended parent has been  a  resident  of  the
    18  state  for  at  least  ninety days or if an intended parent is not a New
    19  York state resident, that the child will be or was  born  in  the  state
    20  within ninety days of filing; and
    21    (2)  a statement from the gestating intended parent that the gestating
    22  intended parent became pregnant as a result  of  assisted  reproduction;
    23  and
    24    (3)  in cases where there is a non-gestating intended parent, a state-
    25  ment from the  gestating  intended  parent  and  non-gestating  intended
    26  parent  that  the  non-gestating  intended  parent consented to assisted
    27  reproduction pursuant to section 581-304 of this article; and
    28    (4) proof of any donor's donative intent.
    29    (d) The following shall be deemed sufficient proof of a donor's  dona-
    30  tive intent for purposes of this section:
    31    (1) in the case of an anonymous donor or where gametes or embryos have
    32  previously  been  relinquished to a gamete or embryo storage facility or
    33  in the presence of a health care  practitioner,  a  statement  from  the
    34  gamete  or  embryo storage facility or health care practitioner that the
    35  donor does not retain  any  parental  or  proprietary  interest  in  the
    36  gametes or embryos; or
    37    (2) in the case of a donation from a known donor, either: a.  a record
    38  from  the gamete or embryo donor acknowledging the donation and confirm-
    39  ing that the donor has  no  parental  or  proprietary  interest  in  the
    40  gametes  or  embryos.    The  record  shall  be  signed by the gestating
    41  intended parent and the gamete or embryo donor. The record may  be,  but
    42  is not required to be, signed:
    43    (i) before a notary public, or
    44    (ii) before two witnesses who are not the intended parents, or
    45    (iii) before a health care practitioner; or
    46    b.  clear  and  convincing  evidence  that  the gamete or embryo donor
    47  agreed, prior to conception, with the gestating parent  that  the  donor
    48  has no parental or proprietary interest in the gametes or embryos.
    49    (3)  In  the  absence  of  evidence  pursuant to paragraph two of this
    50  subdivision, notice shall be given to the donor  at  least  twenty  days
    51  prior  to  the  proceeding  by  delivery  of  a copy of the petition and
    52  notice. Upon a showing to the court, by affidavit or  otherwise,  on  or
    53  before  the  date  of  the proceeding or within such further time as the
    54  court may allow, that personal service cannot be effected at the donor's
    55  last known address with reasonable effort, notice may be given,  without
    56  prior  court order therefore, at least twenty days prior to the proceed-

        A. 1071--B                          5
 
     1  ing by registered or certified mail directed to the donor's  last  known
     2  address.  Notice  by  publication shall not be required to be given to a
     3  donor entitled to notice pursuant to the provisions of this section.
     4    (4)  Notwithstanding  the  above,  where  sperm  is provided under the
     5  supervision of a health care practitioner  to  someone  other  than  the
     6  sperm  provider's  intimate  partner  or  spouse without a record of the
     7  sperm provider's intent to parent, the sperm provider is presumed to  be
     8  a donor and notice is not required.
     9    (e) In cases not covered by subdivision (c) of this section, the court
    10  shall  adjudicate  the parentage of the child consistent with part three
    11  of this article.
    12    (f) Where the requirements of subdivision (c) of this section are  met
    13  or where the court finds the intended parent to be a parent under subdi-
    14  vision  (e) of this section, the court shall issue a judgment of parent-
    15  age:
    16    (1) declaring, that upon the birth of the child, the  intended  parent
    17  is the legal parent of the child; and
    18    (2)  ordering  the  intended  parent  to assume responsibility for the
    19  maintenance and support of the child immediately upon the birth  of  the
    20  child; and
    21    (3)  if  there  is a donor, ordering that the donor is not a parent of
    22  the child; and
    23    (4) ordering that upon the birth of the child, a copy of the  judgment
    24  of  parentage be served on the (i) department of health or New York city
    25  department of mental health and hygiene, or (ii) registrar of births  in
    26  the  hospital  where  the  child is born and directing that the hospital
    27  report the parentage of the  child  to  the  appropriate  department  of
    28  health  in conformity with the court order. If an original birth certif-
    29  icate has already issued, the court shall issue an order  directing  the
    30  appropriate  department  of  health to amend the birth certificate in an
    31  expedited manner and seal the previously issued birth certificate.
    32    § 581-203. Proceeding for judgment of parentage of a  child  conceived
    33  pursuant  to a surrogacy agreement.  (a) The proceeding may be commenced
    34  at any time after the surrogacy agreement has been executed  by  all  of
    35  the  parties.  Any  party  to the surrogacy agreement not joining in the
    36  petition must be served  with  notice  of  the  proceeding.  Failure  to
    37  respond  to  the  notice  shall  be  considered a default and no further
    38  notice shall be required.
    39    (b) The petition for a judgment of  parentage  must  be  verified  and
    40  include the following:
    41    (1) a statement that the person acting as surrogate or at least one of
    42  the intended parents has been a resident of the state for at least nine-
    43  ty days at the time the surrogacy agreement was executed; and
    44    (2) a certification from the attorney representing the intended parent
    45  or  parents and the attorney representing the person acting as surrogate
    46  that the requirements of part four of this article have been met; and
    47    (3) a statement from all parties to the surrogacy agreement that  they
    48  entered into the surrogacy agreement 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 the child born during the term
    53  of the surrogacy agreement, the intended parent or parents is the  legal
    54  parent or parents of the child; and
    55    (2)  declaring,  that upon the birth of the child born during the term
    56  of the surrogacy agreement, the person  acting  as  surrogate,  and  the

        A. 1071--B                          6
 
     1  spouse  of  the  person  acting  as  surrogate, if any, is not the legal
     2  parent of the child; and
     3    (3)  ordering  the  person  acting  as surrogate and the spouse of the
     4  person acting as surrogate,  if  any,  to  transfer  the  child  to  the
     5  intended parent or parents if this has not already occurred; and
     6    (4)  ordering  the intended parent or parents to assume responsibility
     7  for the maintenance and support of the child immediately upon the  birth
     8  of the child; and
     9    (5)  ordering that upon the birth of the child, a copy of the judgment
    10  of parentage be served on the (i) department of health or New York  city
    11  department  of mental health and hygiene, or (ii) registrar of births in
    12  the hospital where the child is born and  directing  that  the  hospital
    13  report  the  parentage  of  the  child  to the appropriate department of
    14  health in conformity with the court order. If an original birth  certif-
    15  icate  has  already issued, the court shall issue an order directing the
    16  appropriate department of health to amend the birth  certificate  in  an
    17  expedited manner and seal the previously issued birth certificate.
    18    (d) In the event the certification required by paragraph two of subdi-
    19  vision  (b)  of  this  section  cannot be made because of a technical or
    20  non-material deviation from the requirements of this article; the  court
    21  may nevertheless enforce the agreement and issue a judgment of parentage
    22  if  the court determines the agreement is in substantial compliance with
    23  the requirements of this article.
    24    § 581-204. Judgment of parentage for intended parents who are spouses.
    25  Notwithstanding or without limitation on presumptions of parentage  that
    26  apply,  a  judgment  of  parentage  may  be  obtained under this part by
    27  intended parents who are each other's spouse.
    28    §  581-205.    Inspection  of  records.  Court  records  relating   to
    29  proceedings  under  this  article  shall  be  sealed. The parties to the
    30  proceeding and the child shall have the  right  to  inspect  the  entire
    31  court record.
    32    §  581-206.  Jurisdiction,  and exclusive continuing jurisdiction. (a)
    33  Proceedings pursuant to this article may be instituted in the supreme or
    34  family court.
    35    (b) Subject to the jurisdictional standards of section seventy-six  of
    36  the domestic relations law, the court conducting a proceeding under this
    37  article  has  exclusive, continuing jurisdiction of all matters relating
    38  to the determination of parentage until the child attains the age of one
    39  hundred eighty days.
 
    40                                   PART 3
    41                       CHILD OF ASSISTED REPRODUCTION
    42  Section 581-301. Scope of article.
    43          581-302. Status of donor.
    44          581-303. Parentage of child of assisted reproduction.
    45          581-304. Consent to assisted reproduction.
    46          581-305. Limitation on spouses' dispute of parentage of child of
    47                     assisted reproduction.
    48          581-306. Effect of embryo disposition agreement between intended
    49                     parents which transfers  legal  rights  and  disposi-
    50                     tioned control to one intended parent.
    51          581-307. Effect of death of intended parent.
    52    § 581-301. Scope of article.  This article does not apply to the birth
    53  of a child conceived by means of sexual intercourse.
    54    §  581-302.  Status  of  donor.    A  donor is not a parent of a child
    55  conceived by means of assisted reproduction.

        A. 1071--B                          7
 
     1    § 581-303. Parentage of child of assisted reproduction.  (a) An  indi-
     2  vidual  who  provides  gametes for, or who consents to, assisted reprod-
     3  uction with the intent to be a parent of the child with the  consent  of
     4  the  gestating  parent as provided in section 581-304 of this part, is a
     5  parent of the resulting child for all legal purposes.
     6    (b)  The  court  shall  issue a judgment of parentage pursuant to this
     7  article upon application by any participant.
     8    § 581-304. Consent to assisted reproduction.  (a) Where  the  intended
     9  parent who gives birth to a child by means of assisted reproduction is a
    10  spouse,  the  consent  of  both  spouses to the assisted reproduction is
    11  presumed and neither spouse may challenge the parentage  of  the  child,
    12  except as provided in section 581-305 of this part.
    13    (b)  Where  the intended parent who gives birth to a child by means of
    14  assisted reproduction is not a  spouse,  the  consent  to  the  assisted
    15  reproduction  must  be  in  a record in such a manner as to indicate the
    16  mutual agreement of the intended parents to conceive and parent a  child
    17  together.
    18    (c)  The  absence  of  a  record  described in subdivision (b) of this
    19  section shall not preclude a finding that such consent  existed  if  the
    20  court  finds  by  clear  and convincing evidence that at the time of the
    21  assisted reproduction the intended parents agreed to conceive and parent
    22  the child together.
    23    § 581-305. Limitation on spouses' dispute of  parentage  of  child  of
    24  assisted  reproduction.  (a) Except as otherwise provided in subdivision
    25  (b) of this section, neither spouse may  challenge  the  presumption  of
    26  parentage of the child unless:
    27    (1)  within  two  years  after  learning  of  the birth of the child a
    28  proceeding is commenced to adjudicate parentage; and
    29    (2) the court finds by  clear  and  convincing  evidence  that  either
    30  spouse  did  not  consent for the non-gestating spouse to be a parent of
    31  the child.
    32    (b) A proceeding for a judgment of parentage may be maintained at  any
    33  time if the court finds by clear and convincing evidence that:
    34    (1)  the  spouse did not consent to assisted reproduction by the indi-
    35  vidual who gave birth; and
    36    (2) the spouse and the individual who gave birth  have  not  cohabited
    37  since the spouse knew or had reason to know of the pregnancy; and
    38    (3) the spouse never openly held out the child as his or her own.
    39    (c)  The  limitation  provided  in  this  section applies to a spousal
    40  relationship that has been declared invalid after assisted  reproduction
    41  or artificial insemination.
    42    §  581-306.  Effect  of  embryo disposition agreement between intended
    43  parents which transfers legal rights and dispositional  control  to  one
    44  intended  parent.  (a)  An embryo disposition agreement between intended
    45  parents with joint dispositional control of an embryo shall  be  binding
    46  under the following circumstances:
    47    (1) it is in writing;
    48    (2)  each  intended parent had the advice of independent legal counsel
    49  prior to its execution; and
    50    (3) where the intended parents are married, transfer of  legal  rights
    51  and dispositional control occurs only upon divorce.
    52    (b)  The  intended parent who transfers legal rights and dispositional
    53  control of the embryo is not a parent of any child  conceived  from  the
    54  embryo  unless  the  agreement  states  that  he or she consents to be a
    55  parent.

        A. 1071--B                          8
 
     1    (c) If the intended parent transferring legal rights and dispositional
     2  control consents to be a parent, he or  she  may  withdraw  his  or  her
     3  consent to be a parent upon written notice to the embryo storage facili-
     4  ty  and to the other intended parent prior to transfer of the embryo. If
     5  he  or  she  timely  withdraws consent to be a parent he or she is not a
     6  parent for any purpose including  support  obligations  but  the  embryo
     7  transfer may still proceed.
     8    (d)  An  embryo disposition agreement or advance directive that is not
     9  in compliance with subdivision (a) of this section may still be found to
    10  be enforceable by the court after balancing the respective interests  of
    11  the  parties except that the intended parent who divested him or herself
    12  of legal rights and dispositional control may not be declared  to  be  a
    13  parent  for  any  purpose without his or her consent. The parent awarded
    14  legal rights and dispositional control of the  embryos  shall,  in  this
    15  instance, be declared to be the only parent of the child.
    16    §  581-307.  Effect of death of intended parent.  If an individual who
    17  consented in a record to be  a  parent  by  assisted  reproduction  dies
    18  before  the transfer of eggs, sperm, or embryos, the deceased individual
    19  is not a parent of the resulting child unless  the  deceased  individual
    20  consented in a signed record that if assisted reproduction were to occur
    21  after  death,  the  deceased  individual would be a parent of the child,
    22  provided that the record complies with the estates,  powers  and  trusts
    23  law.
    24                                   PART 4
    25                             SURROGACY AGREEMENT
    26  Section 581-401. Surrogacy agreement authorized.
    27          581-402. Eligibility to enter surrogacy agreement.
    28          581-403. Requirements of surrogacy agreement.
    29          581-404. Surrogacy   agreement:  effect  of  subsequent  spousal
    30                     relationship.
    31          581-405. Termination of surrogacy agreement.
    32          581-406. Parentage under compliant surrogacy agreement.
    33          581-407. Insufficient surrogacy agreement.
    34          581-408. Absence of surrogacy agreement.
    35          581-409. Dispute as to surrogacy agreement.
    36    § 581-401. Surrogacy agreement authorized.  (a) If eligible under this
    37  article to enter into a surrogacy agreement, a person acting  as  surro-
    38  gate,  the  spouse of the person acting as surrogate, if applicable, and
    39  the intended parent or parents may  enter  into  a  surrogacy  agreement
    40  which  will  be  enforceable  provided the surrogacy agreement meets the
    41  requirements of this article.
    42    (b) A surrogacy agreement shall not apply to  the  birth  of  a  child
    43  conceived by means of sexual intercourse.
    44    (c)  A  surrogacy  agreement  may  provide for payment of compensation
    45  under part five of this article.
    46    § 581-402. Eligibility to enter surrogacy agreement.    (a)  A  person
    47  acting  as  surrogate  shall  be  eligible  to enter into an enforceable
    48  surrogacy agreement under this article if the person acting as surrogate
    49  has met the following requirements at the time the  surrogacy  agreement
    50  is executed:
    51    (1)  the  person  acting  as surrogate is at least twenty-one years of
    52  age; and
    53    (2) the person acting as surrogate has not provided the  egg  used  to
    54  conceive the resulting child; and

        A. 1071--B                          9
 
     1    (3)  the person acting as surrogate has completed a medical evaluation
     2  with a health care practitioner relating to the  anticipated  pregnancy;
     3  and
     4    (4)  the  person  acting  as  surrogate,  and the spouse of the person
     5  acting as surrogate, if applicable, have been represented throughout the
     6  contractual process and the duration of the contract and  its  execution
     7  by  independent  legal counsel of their own choosing which shall be paid
     8  for by the intended parent or parents except that  a  person  acting  as
     9  surrogate  who  is receiving no compensation may waive the right to have
    10  the intended parent or parents pay the fee for such legal counsel; and
    11    (5) the person acting as surrogate has,  or  the  surrogacy  agreement
    12  stipulates  that  prior  to  the  embryo  transfer, the person acting as
    13  surrogate will obtain, a  health  insurance  policy  that  covers  major
    14  medical  treatments and hospitalization, and the health insurance policy
    15  has a term that extends throughout the duration of the expected pregnan-
    16  cy and for twelve weeks after the birth of the child; the  policy  shall
    17  be  paid  for, whether directly or through reimbursement or other means,
    18  by the intended parent or parents on behalf  of  the  person  acting  as
    19  surrogate  pursuant  to  the  surrogacy  agreement, except that a person
    20  acting as surrogate who is receiving no compensation may waive the right
    21  to have the intended parent or parents  pay  for  the  health  insurance
    22  policy.   The intended parent or parents shall also pay for or reimburse
    23  the person acting as surrogate for all co-payments, deductibles and  any
    24  other out-of-pocket medical costs associated with pregnancy, except that
    25  a  person acting as surrogate who is receiving no compensation may waive
    26  the right to have the intended parent or parents make such  payments  or
    27  reimbursements.
    28    (b)  The intended parent or parents shall be eligible to enter into an
    29  enforceable surrogacy agreement under this article if he,  she  or  they
    30  have  met the following requirements at the time the surrogacy agreement
    31  was executed:
    32    (1) the intended parent or parents has been represented throughout the
    33  contractual process and the duration of the contract and  its  execution
    34  by independent legal counsel of his, her or their own choosing; and
    35    (2) he or she is an adult person who is not in a spousal relationship,
    36  or  adult  spouses together, or any two adults who are intimate partners
    37  together, except an adult in a spousal relationship is eligible to enter
    38  into an enforceable surrogacy agreement without his or her spouse if:
    39    (i) they are living separate and apart pursuant to a decree  or  judg-
    40  ment  of  separation  or  pursuant  to a written agreement of separation
    41  subscribed by the parties thereto and acknowledged or proved in the form
    42  required to entitle a deed to be recorded; or
    43    (ii) they have been living separate and apart for at least three years
    44  prior to execution of the surrogacy agreement.
    45    (3) where the spouse of an intended parent is not a required party  to
    46  the  agreement,  the spouse is not an intended parent and shall not have
    47  rights or obligations to the child.
    48    § 581-403. Requirements of surrogacy agreement. A surrogacy  agreement
    49  shall  be  deemed to have satisfied the requirements of this article and
    50  be enforceable if it meets the following requirements:
    51    (a) it shall be in a signed record verified by:
    52    (1) each intended parent, and
    53    (2) the person acting as surrogate,  and  the  spouse  of  the  person
    54  acting as surrogate, if any, unless:
    55    (i) the person acting as surrogate and the spouse of the person acting
    56  as surrogate are living separate and apart pursuant to a decree or judg-

        A. 1071--B                         10
 
     1  ment  of  separation  or  pursuant  to a written agreement of separation
     2  subscribed by the parties thereto and acknowledged or proved in the form
     3  required to entitle a deed to be recorded; or
     4    (ii)  have  been  living  separate  and apart for at least three years
     5  prior to execution of the surrogacy agreement; and
     6    (b) it shall be executed prior to the embryo transfer; and
     7    (c) it shall be executed by a person acting as surrogate  meeting  the
     8  eligibility  requirements  of subdivision (a) of section 581-402 of this
     9  part and by the spouse of the person acting  as  surrogate,  unless  the
    10  signature  of  the  spouse  of  the  person  acting  as surrogate is not
    11  required as set forth in this section; and
    12    (d) it shall be executed by intended parent or  parents  who  met  the
    13  eligibility  requirements  of subdivision (b) of section 581-402 of this
    14  part; and
    15    (e) the person acting as surrogate and the spouse of the person acting
    16  as surrogate, if applicable, and the intended parent  or  parents  shall
    17  have  been  represented throughout the contractual process and the dura-
    18  tion of the contract and its execution by  separate,  independent  legal
    19  counsel of their own choosing; and
    20    (f)  if  the  surrogacy  agreement provides for the payment of compen-
    21  sation to the person acting as surrogate, those funds  shall  have  been
    22  placed  in  escrow  with an independent escrow agent prior to the person
    23  acting as surrogate commencing with any  medical  procedure  other  than
    24  medical  evaluations  necessary to determine the person acting as surro-
    25  gate's eligibility; and
    26    (g) the surrogacy agreement must include  information  disclosing  how
    27  the  intended  parent  or parents will cover the medical expenses of the
    28  person acting as surrogate and the child. If  health  care  coverage  is
    29  used  to  cover  the  medical  expenses,  the disclosure shall include a
    30  review of the health care policy provisions related to coverage for  the
    31  person acting as surrogate's pregnancy, including any possible liability
    32  of the person acting as surrogate's third-party liability liens or other
    33  insurance coverage, and any notice requirements that could affect cover-
    34  age or liability of the person acting as surrogate.
    35    (h)  the  surrogacy  agreement  must  comply with all of the following
    36  terms:
    37    (1) As to the person acting as surrogate and the spouse of the  person
    38  acting as surrogate, if applicable:
    39    (i)  the  person acting as surrogate agrees to undergo embryo transfer
    40  and attempt to carry and give birth to the child; and
    41    (ii) the person acting as surrogate  and  the  spouse  of  the  person
    42  acting  as  surrogate,  if applicable, agree to surrender custody of all
    43  resulting children to the intended parent or  parents  immediately  upon
    44  birth; and
    45    (iii)  the  surrogacy agreement shall include the name of the attorney
    46  representing the person acting as  surrogate  and,  if  applicable,  the
    47  spouse of the person acting as surrogate; and
    48    (iv)  the  surrogacy agreement must permit the person acting as surro-
    49  gate to make all health and welfare  decisions  regarding  themself  and
    50  their  pregnancy  including  but not limited to, whether to consent to a
    51  cesarean section or multiple embryo transfer,  and  notwithstanding  any
    52  other  provisions  in  this  chapter, provisions in the agreement to the
    53  contrary are void and unenforceable. This article does not diminish  the
    54  right of the person acting as surrogate to terminate a pregnancy; and

        A. 1071--B                         11
 
     1    (v)  the surrogacy agreement must permit the person acting as a surro-
     2  gate to utilize the services  of  a  health  care  practitioner  of  the
     3  person's choosing; and
     4    (vi)  the  surrogacy  agreement must not limit the right of the person
     5  acting as surrogate to terminate or continue the pregnancy or reduce  or
     6  retain the number of fetuses or embryos the person is carrying; and
     7    (vii)  the  surrogacy  agreement  must provide that, upon request, the
     8  intended parent or parents have or will  procure  and  pay  for  a  life
     9  insurance  policy  for the person acting as surrogate; the person acting
    10  as surrogate may designate the beneficiary of the person's choosing; and
    11    (viii) the surrogacy agreement shall provide  for  the  right  of  the
    12  person  acting  as  surrogate,  upon  request,  to  obtain counseling to
    13  address issues resulting from the person's participation in the surroga-
    14  cy agreement. The cost of that counseling shall be paid by the  intended
    15  parent or parents.
    16    (2) As to the intended parent or parents:
    17    (i)  the  intended  parent  or  parents agree to accept custody of all
    18  resulting children immediately upon birth regardless of number,  gender,
    19  or mental or physical condition; and
    20    (ii) the intended parent or parents agree to assume responsibility for
    21  the support of all resulting children immediately upon birth; and
    22    (iii)  the  surrogacy agreement shall include the name of the attorney
    23  representing the intended parent or parents; and
    24    (iv) the surrogacy agreement shall provide that the rights  and  obli-
    25  gations  of the intended parent or parents under the surrogacy agreement
    26  are not assignable; and
    27    (v) the intended parent or parents agree to execute a will,  prior  to
    28  the  embryo  transfer, designating a guardian for all resulting children
    29  who is authorized to perform the intended  parent's  or  parents'  obli-
    30  gations pursuant to the surrogacy agreement.
    31    § 581-404. Surrogacy agreement: effect of subsequent spousal relation-
    32  ship.  (a) After the execution of a surrogacy agreement under this arti-
    33  cle, the subsequent spousal relationship of the person acting as  surro-
    34  gate  does not affect the validity of a surrogacy agreement, the consent
    35  of the spouse of the person acting as surrogate to the  agreement  shall
    36  not  be required, and the spouse of the person acting as surrogate shall
    37  not be the presumed parent of any resulting children.
    38    (b) The subsequent separation or divorce of the intended parents  does
    39  not  affect  the  rights,  duties  and  responsibilities of the intended
    40  parents as outlined in the surrogacy agreement.
    41    § 581-405. Termination of surrogacy agreement. After the execution  of
    42  a  surrogacy agreement but before the person acting as surrogate becomes
    43  pregnant by means of assisted reproduction, the person acting as  surro-
    44  gate,  the  spouse  of the person acting as surrogate, if applicable, or
    45  any intended parent may terminate  the  surrogacy  agreement  by  giving
    46  notice  of  termination  in  a  record to all other parties. Upon proper
    47  termination of the surrogacy agreement the parties are released from all
    48  obligations recited in the surrogacy agreement except that the  intended
    49  parent  or  parents  remains responsible for all expenses that are reim-
    50  bursable under the agreement which have  been  incurred  by  the  person
    51  acting  as  surrogate through the date of termination. Unless the agree-
    52  ment provides otherwise, the person acting as surrogate is  entitled  to
    53  keep  all  payments received and obtain all payments to which the person
    54  is entitled up until the date of termination. Neither a person acting as
    55  surrogate nor the spouse of the person acting as surrogate, if  any,  is

        A. 1071--B                         12
 
     1  liable  to  the  intended  parent or parents for terminating a surrogacy
     2  agreement as provided in this section.
     3    §  581-406.  Parentage  under  compliant surrogacy agreement. Upon the
     4  birth of a child conceived by assisted reproduction  under  a  surrogacy
     5  agreement  that  complies  with  this  part, each intended parent is, by
     6  operation of law, a parent of the child and neither the person acting as
     7  a gestational surrogate nor the person's spouse, if any, is a parent  of
     8  the child.
     9    §  581-407. Insufficient surrogacy agreement. If a surrogacy agreement
    10  does not meet the material requirements of this article,  the  agreement
    11  is  not enforceable and the court shall determine parentage based on the
    12  intent of the parties, taking into account the  best  interests  of  the
    13  child.   An intended parent's absence of genetic connection to the child
    14  is not a sufficient basis to deny that individual a  judgment  of  legal
    15  parentage.
    16    § 581-408. Absence of surrogacy agreement. Where there is no surrogacy
    17  agreement,  the parentage of the child will be determined based on other
    18  laws of this state.
    19    § 581-409. Dispute as to surrogacy agreement.  (a) Any  dispute  which
    20  is  related to a surrogacy agreement other than disputes as to parentage
    21  shall be resolved by  the  supreme  court,  which  shall  determine  the
    22  respective rights and obligations of the parties.
    23    (b)  Except  as  expressly  provided  in  the surrogacy agreement, the
    24  intended parent or parents and the person acting as surrogate  shall  be
    25  entitled  to  all  remedies  available  at  law or equity in any dispute
    26  related to the surrogacy agreement.
    27    (c) There shall be no specific  performance  remedy  available  for  a
    28  breach  by  the person acting as surrogate of a surrogacy agreement term
    29  that requires the person acting as surrogate to  be  impregnated  or  to
    30  terminate or continue the pregnancy or to reduce or retain the number of
    31  fetuses or embryos the person acting as surrogate is carrying.
 
    32                                   PART 5
    33             PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
    34  Section 581-501. Reimbursement.
    35          581-502. Compensation.
    36    §  581-501.  Reimbursement.   (a) A donor who has entered into a valid
    37  agreement to be a donor  may  receive  reimbursement  from  an  intended
    38  parent  or  parents  for economic losses incurred in connection with the
    39  donation which result from the retrieval or storage of gametes or  embr-
    40  yos.
    41    (b)  Premiums  paid  for  insurance  against  economic losses directly
    42  resulting from the retrieval  or  storage  of  gametes  or  embryos  for
    43  donation may be reimbursed.
    44    §  581-502. Compensation.   (a) Compensation may be paid to a donor or
    45  person acting as surrogate based on medical risks, physical  discomfort,
    46  inconvenience   and   the   responsibilities  they  are  undertaking  in
    47  connection with their participation in the assisted reproduction.  Under
    48  no circumstances may compensation be paid to purchase gametes or embryos
    49  or for the relinquishment of a parental interest in a child.
    50    (b) The compensation, if any, paid to a  donor  or  person  acting  as
    51  surrogate  must  be  reasonable and negotiated in good faith between the
    52  parties, and said payments to a person acting  as  surrogate  shall  not
    53  exceed  the  duration  of the pregnancy and recuperative period of up to
    54  eight weeks after the birth of any resulting children.

        A. 1071--B                         13
 
     1    (c) Compensation may not be conditioned upon the purported quality  or
     2  genome-related traits of the gametes or embryos.
     3    (d)  Compensation may not be conditioned on actual genotypic or pheno-
     4  typic characteristics of the donor or of any resulting children.

     5                                   PART 6
     6                          MISCELLANEOUS PROVISIONS
     7  Section 581-601. Remedial.
     8          581-602. Severability.
     9          581-603. Parent under section seventy of the domestic  relations
    10                     law.
    11          581-604. Interpretation.
    12    §  581-601.  Remedial.    This  legislation is hereby declared to be a
    13  remedial statute and is to be construed liberally to secure the  benefi-
    14  cial interests and purposes thereof for the best interests of the child.
    15    §  581-602. Severability.  The invalidation of any part of this legis-
    16  lation by a court of competent jurisdiction  shall  not  result  in  the
    17  invalidation of any other part.
    18    § 581-603. Parent under section seventy of the domestic relations law.
    19  The term "parent" in section seventy of the domestic relations law shall
    20  include  a  person  established to be a parent under this article or any
    21  other relevant law.
    22    § 581-604. Interpretation. Unless  the  context  indicates  otherwise,
    23  words  importing  the  singular  include  and  apply to several persons,
    24  parties, or things; words importing the plural include the singular.
    25    § 2. Section 73 of the domestic relations law is REPEALED.
    26    § 3. Section 121 of the domestic relations law, as  added  by  chapter
    27  308 of the laws of 1992, is amended to read as follows:
    28    §  121.  Definitions. When used in this article, unless the context or
    29  subject matter manifestly requires a different interpretation:
    30    1.[ "Birth mother"] "Genetic surrogate" shall mean  a  [woman]  person
    31  who gives birth to a child who is the person's genetic child pursuant to
    32  a genetic surrogate parenting [contract] agreement.
    33    2. ["Genetic father" shall mean a man who provides sperm for the birth
    34  of a child born pursuant to a surrogate parenting contract.
    35    3. "Genetic  mother"  shall  mean a woman who provides an ovum for the
    36  birth of a child born pursuant to a surrogate parenting contract.
    37    4. "Surrogate parenting contract"] "Genetic surrogate parenting agree-
    38  ment" shall mean any agreement, oral or written, in which:
    39    (a) a [woman] genetic surrogate agrees either to be  inseminated  with
    40  the  sperm of a [man] person who is not [her husband] their spouse or to
    41  be impregnated with an embryo that is the product of  [an]  the  genetic
    42  surrogate's  ovum fertilized with the sperm of a [man] person who is not
    43  [her husband] their spouse; and
    44    (b) the [woman] genetic surrogate agrees to, or intends to,  surrender
    45  or consent to the adoption of the child born as a result of such insemi-
    46  nation or impregnation.
    47    §  4.  Section  122 of the domestic relations law, as added by chapter
    48  308 of the laws of 1992, is amended to read as follows:
    49    §  122.  Public  policy.  [Surrogate]  Genetic   surrogate   parenting
    50  [contracts] agreements are hereby declared contrary to the public policy
    51  of this state, and are void and unenforceable.
    52    §  5.  Section  123 of the domestic relations law, as added by chapter
    53  308 of the laws of 1992, is amended to read as follows:
    54    § 123. Prohibitions and penalties. [1.]  No  person  or  other  entity
    55  shall  knowingly  request, accept, receive, pay or give any fee, compen-

        A. 1071--B                         14
 
     1  sation or other remuneration, directly or indirectly, in connection with
     2  any genetic surrogate parenting [contract] agreement, or induce, arrange
     3  or  otherwise  assist  in  arranging  a  genetic   surrogate   parenting
     4  [contract]  agreement  for  a  fee,  compensation or other remuneration,
     5  except for:
     6    (a) payments in connection with the adoption of a child  permitted  by
     7  subdivision  six  of  section  three  hundred seventy-four of the social
     8  services law and disclosed pursuant to subdivision eight of section  one
     9  hundred fifteen of this chapter; or
    10    (b)  payments  for  reasonable  and  actual  medical fees and hospital
    11  expenses for artificial insemination or in vitro fertilization  services
    12  incurred  by the [mother] genetic surrogate in connection with the birth
    13  of the child.
    14    [2. (a) A birth mother or her husband, a genetic father and his  wife,
    15  and,  if  the genetic mother is not the birth mother, the genetic mother
    16  and her husband who violate this section shall be  subject  to  a  civil
    17  penalty not to exceed five hundred dollars.
    18    (b)  Any  other  person  or  entity  who or which induces, arranges or
    19  otherwise assists in the formation of a surrogate parenting contract for
    20  a fee, compensation or other remuneration  or  otherwise  violates  this
    21  section  shall  be subject to a civil penalty not to exceed ten thousand
    22  dollars and forfeiture to the state of any  such  fee,  compensation  or
    23  remuneration  in  accordance  with  the provisions of subdivision (a) of
    24  section seven thousand two hundred one of the  civil  practice  law  and
    25  rules,  for  the  first such offense.  Any person or entity who or which
    26  induces, arranges or otherwise assists in the formation of  a  surrogate
    27  parenting  contract  for  a  fee,  compensation or other remuneration or
    28  otherwise violates this section, after having been  once  subject  to  a
    29  civil penalty for violating this section, shall be guilty of a felony.]
    30    §  6.  Section  124 of the domestic relations law, as added by chapter
    31  308 of the laws of 1992, is amended to read as follows:
    32    § 124. Proceedings regarding parental rights, status  or  obligations.
    33  In any action or proceeding involving a dispute between the [birth moth-
    34  er]  genetic  surrogate  and  [(i)  the genetic father, (ii) the genetic
    35  mother, (iii) both the genetic father and genetic mother,  or  (iv)  the
    36  parent  or  parents  of  the genetic father or genetic mother] any party
    37  with a claim to legal parentage pursuant to a genetic surrogate  parent-
    38  ing  agreement,  regarding  parental  rights, status or obligations with
    39  respect to a child  born  pursuant  to  a  genetic  surrogate  parenting
    40  [contract] agreement:
    41    1.  the  court  shall not consider the [birth mother's] genetic surro-
    42  gate's participation in a genetic surrogate parenting [contract]  agree-
    43  ment  as adverse to [her] their parental rights, status, or obligations;
    44  and
    45    2. the court, having regard to the circumstances of the  case  and  of
    46  the  respective  parties  including the parties' relative ability to pay
    47  such fees and expenses, in  its  discretion  and  in  the  interests  of
    48  justice,  may  award  to either party reasonable and actual counsel fees
    49  and legal expenses incurred in connection with such action  or  proceed-
    50  ing.  Such  award  may  be  made  in  the order or judgment by which the
    51  particular action or proceeding   is finally determined, or  by  one  or
    52  more  orders from time to time before the final order or judgment, or by
    53  both such order or orders and the final  order  or  judgment;  provided,
    54  however,  that  in any dispute involving a [birth mother] genetic surro-
    55  gate who has executed a valid surrender  or  consent  to  the  adoption,

        A. 1071--B                         15
 
     1  nothing  in this section shall empower a court to make any award that it
     2  would not otherwise be empowered to direct.
     3    §  7.  Section 4135-b of the public health law, as added by chapter 59
     4  of the laws of 1993, subdivisions 1 and 2 as amended by chapter  402  of
     5  the  laws  of  2013,  and subdivision 3 as amended by chapter 170 of the
     6  laws of 1994, is amended to read as follows:
     7    § 4135-b. Voluntary acknowledgments of  [paternity]  parentage;  child
     8  born  out  of  wedlock.  1.  (a)  Immediately preceding or following the
     9  in-hospital birth of a child to an unmarried  [woman]  person  or  to  a
    10  person   who   gave   birth   to  a  child  conceived  through  assisted
    11  reproduction, the person in charge of such hospital or his or her desig-
    12  nated representative shall provide to the [child's mother and] unmarried
    13  person who gave birth to the child and  the  putative  father,  if  such
    14  father  is readily identifiable and available, or to the person who gave
    15  birth and the  other  intended  parent  of  a  child  conceived  through
    16  assisted  reproduction if such person is readily identifiable and avail-
    17  able, the documents and written instructions necessary for  such  mother
    18  and putative [father] persons to complete an acknowledgment of [paterni-
    19  ty]  parentage  witnessed  by  two persons not related to the signatory.
    20  Such acknowledgment, if signed by both parties, at  any  time  following
    21  the birth of a child, shall be filed with the registrar at the same time
    22  at which the certificate of live birth is filed, if possible, or anytime
    23  thereafter.  Nothing  herein  shall  be  deemed to require the person in
    24  charge of such hospital or his or her designee to seek out or  otherwise
    25  locate a putative father or intended parent of a child conceived through
    26  assisted reproduction who is not readily identifiable or available.
    27    (b)  The  following persons may sign an acknowledgment of parentage to
    28  establish the parentage of the child:
    29    (i) An unmarried person who gave birth to the child and another person
    30  who is a genetic parent.
    31    (ii) A married or unmarried person who gave birth  to  the  child  and
    32  another  person  who  is an intended parent under section 581-303 of the
    33  family court act of a child conceived through assisted reproduction.
    34    (c) An acknowledgment of parentage shall be in a record signed by  the
    35  person  who  gave  birth  to  the child and by either the genetic parent
    36  other than the person who gave birth to the child or a person who  is  a
    37  parent  under  section  581-303  of  the  family  court act of the child
    38  conceived through assisted reproduction.
    39    (d) An acknowledgment of parentage is void if, at the time of signing,
    40  any of the following are true:
    41    (i) A person other than the person who gave birth to the  child  or  a
    42  person  seeking  to  establish  parentage  through  an acknowledgment of
    43  parentage is a presumed parent of the child under section twenty-four of
    44  the domestic relations law;
    45    (ii) A court has entered a judgment of parentage of the child;
    46    (iii) Another person has signed a valid  acknowledgment  of  parentage
    47  with regard to the child;
    48    (iv)  The child has a parent under section 581-303 of the family court
    49  act other than the signatories;
    50    (v) The person seeking to establish parentage is a gamete donor  under
    51  section 581-302 of the family court act;
    52    (vi)  The person seeking to establish parentage asserts that he or she
    53  is a parent under section twenty-four of the domestic relations law;
    54    (vii) The person seeking to establish parentage asserts that he or she
    55  is a parent of a child conceived through assisted reproduction  and  the

        A. 1071--B                         16
 
     1  person  is  in  fact,  not  a parent under section 581-303 of the family
     2  court act.
     3    (e)  The  acknowledgment  shall  be executed on a form provided by the
     4  commissioner developed in consultation with the appropriate commissioner
     5  of the department of family assistance, which shall include  the  social
     6  security  number  of the [mother] person who gave birth to the child and
     7  of the [putative  father]  acknowledged  parent  and  provide  in  plain
     8  language  (i)  a  statement by the [mother] person who gave birth to the
     9  child consenting to the acknowledgment of [paternity]  parentage  and  a
    10  statement  that  the  [putative  father] acknowledged parent is the only
    11  possible [father] other genetic parent or that the  acknowledged  parent
    12  is  an  intended  parent  and  the  child was conceived through assisted
    13  reproduction, (ii) a statement by the putative father, if any,  that  he
    14  is  the  biological  father of the child, and (iii) a statement that the
    15  signing of the acknowledgment of [paternity] parentage by  both  parties
    16  shall  have  the  same force and effect as an order of filiation entered
    17  after a court hearing by a court of competent jurisdiction, including an
    18  obligation to provide support for the child except that, only  if  filed
    19  with  the  registrar  of the district in which the birth certificate has
    20  been filed, will the acknowledgment have  such  force  and  effect  with
    21  respect to inheritance rights.
    22    [(b)]  (f)  Prior to the execution of an acknowledgment of [paternity]
    23  parentage, the [mother] person who gave  birth  to  the  child  and  the
    24  [putative father] other signatory shall be provided orally, which may be
    25  through  the  use  of audio or video equipment, and in writing with such
    26  information as is required pursuant to  this  section  with  respect  to
    27  their  rights and the consequences of signing a voluntary acknowledgment
    28  of [paternity] parentage including, but not limited to:
    29    (i) that the signing of the acknowledgment  of  [paternity]  parentage
    30  shall  establish  the  [paternity] parentage of the child and shall have
    31  the same force and effect as an order of [paternity] parentage or filia-
    32  tion issued by a court of competent jurisdiction establishing  the  duty
    33  of both parties to provide support for the child;
    34    (ii) that if such an acknowledgment is not made, the [putative father]
    35  signatory  other than the person who gave birth to the child can be held
    36  liable for support only if the family court, after a hearing,  makes  an
    37  order declaring that the [putative father] person is the [father] parent
    38  of  the child whereupon the court may make an order of support which may
    39  be retroactive to the birth of the child;
    40    (iii) that if made a respondent in a proceeding to establish [paterni-
    41  ty] parentage the [putative father] signatory other than the person  who
    42  gave  birth  to  the  child  has a right to free legal representation if
    43  indigent;
    44    (iv) that [the putative father] an alleged genetic parent has a  right
    45  to a genetic marker test or to a DNA test when available;
    46    (v)  that  by  executing  the  acknowledgment,  the  [putative father]
    47  alleged genetic parent waives [his] their right to a hearing,  to  which
    48  [he]  they  would  otherwise  be  entitled,  on the issue of [paternity]
    49  parentage;
    50    (vi) that a copy of the acknowledgment of [paternity] parentage  shall
    51  be  filed  with  the  putative father registry pursuant to section three
    52  hundred seventy-two-c of the social services law, and that  such  filing
    53  may  establish the child's right to inheritance from the putative father
    54  pursuant to clause (B) of subparagraph two of paragraph (a)  of  section
    55  4-1.2 of the estates, powers and trusts law;

        A. 1071--B                         17
 
     1    (vii)  that, if such acknowledgment is filed with the registrar of the
     2  district in which the birth certificate has been filed, such acknowledg-
     3  ment will establish inheritance rights from the putative father  or  the
     4  other intended parent of a child conceived through assisted reproduction
     5  pursuant  to  clause (A) of subparagraph two of paragraph (a) of section
     6  4-1.2 of the estates, powers and trusts law;
     7    (viii) that no further  judicial  or  administrative  proceedings  are
     8  required to ratify an unchallenged acknowledgment of [paternity] parent-
     9  age provided, however, that:
    10    (A) A signatory to an acknowledgment of [paternity] parentage, who had
    11  attained the age of eighteen at the time of execution of the acknowledg-
    12  ment,  shall  have  the  right  to rescind the acknowledgment within the
    13  earlier of sixty days from the date of signing the acknowledgment or the
    14  date of an administrative or a judicial proceeding (including,  but  not
    15  limited  to,  a proceeding to establish a support order) relating to the
    16  child in which the signatory is a party, provided that the "date  of  an
    17  administrative  or a judicial proceeding" shall be the date by which the
    18  respondent is required to answer the petition;
    19    (B) A signatory to an acknowledgment of [paternity] parentage, who had
    20  not attained the age of  eighteen  at  the  time  of  execution  of  the
    21  acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
    22  anytime up to sixty days after the  signatory's  attaining  the  age  of
    23  eighteen  years  or sixty days after the date on which the respondent is
    24  required to answer a petition (including, but not limited to, a petition
    25  to establish a support order) relating to the child, whichever is earli-
    26  er; provided, however, that the signatory must have been advised at such
    27  proceeding of his or her right to file a petition to vacate the acknowl-
    28  edgment within sixty days of the date of such proceeding;
    29    (ix) that after the expiration of the time limits set forth in clauses
    30  (A) and (B) of subparagraph (viii) of this paragraph, any of the  signa-
    31  tories  may  challenge  the  acknowledgment  of [paternity] parentage in
    32  court only on the basis of fraud, duress, or material mistake  of  fact,
    33  with the burden of proof on the party challenging the voluntary acknowl-
    34  edgment;
    35    (x) that the [putative father and mother] person who gave birth to the
    36  child  and the other signatory may wish to consult with attorneys before
    37  executing the acknowledgment; and that they have the right to seek legal
    38  representation and supportive services  including  counseling  regarding
    39  such acknowledgment;
    40    (xi) that the acknowledgment of [paternity] parentage may be the basis
    41  for the [putative father] signatory other than the person who gave birth
    42  to the child establishing custody and visitation rights to the child and
    43  for  requiring  the  [putative  father's] consent of the signatory other
    44  than the person who gave  birth  to  the  child  prior  to  an  adoption
    45  proceeding;
    46    (xii)  that the [mother's] refusal of the person who gave birth to the
    47  child to sign the acknowledgment shall not be deemed a failure to  coop-
    48  erate in establishing [paternity for] parentage of the child; and
    49    (xiii)  that the child may bear the last name of either parent, or any
    50  combination thereof, which name shall not affect the legal status of the
    51  child.
    52  In addition, the governing body  of  such  hospital  shall  insure  that
    53  appropriate  staff  shall  provide  to  the [child's mother and putative
    54  father] person who gave birth to the  child  and  the  other  signatory,
    55  prior  to  the  [mother's] discharge from the hospital of the person who
    56  gave birth to the child, the opportunity to speak with hospital staff to

        A. 1071--B                         18

     1  obtain clarifying information  and  answers  to  their  questions  about
     2  [paternity]  parentage  establishment,  and shall also provide the tele-
     3  phone number of the local support collection unit.
     4    [(c)]  (g)  Within  ten days after receiving the certificate of birth,
     5  the registrar shall furnish without charge to each parent or guardian of
     6  the child or to the [mother] person who gave birth at the address desig-
     7  nated by her for that purpose, a certified copy of  the  certificate  of
     8  birth and, if applicable, a certified copy of the written acknowledgment
     9  of  [paternity] parentage.   If the [mother] person who gave birth is in
    10  receipt of child support enforcement services pursuant to title six-A of
    11  article three of the social  services  law,  the  registrar  also  shall
    12  furnish without charge a certified copy of the certificate of birth and,
    13  if applicable, a certified copy of the written acknowledgment of [pater-
    14  nity]  parentage  to  the  social services district of the county within
    15  which the [mother] person who gave birth resides.
    16    2. (a) When a child's [paternity] parentage is acknowledged  voluntar-
    17  ily pursuant to section one hundred eleven-k of the social services law,
    18  the social services official shall file the executed acknowledgment with
    19  the  registrar  of the district in which the birth occurred and in which
    20  the birth certificate has been filed.
    21    (b) Where a child's [paternity] parentage has  not  been  acknowledged
    22  voluntarily pursuant to paragraph (a) of subdivision one of this section
    23  or  paragraph (a) of this subdivision, the [child's mother and the puta-
    24  tive father] person who gave birth to the child and the other  signatory
    25  may  voluntarily acknowledge a child's [paternity] parentage pursuant to
    26  this paragraph by signing the acknowledgment of [paternity] parentage.
    27    (c) A signatory to an acknowledgment of [paternity] parentage, who has
    28  attained the age of eighteen at the time of execution of the acknowledg-
    29  ment shall have the right  to  rescind  the  acknowledgment  within  the
    30  earlier of sixty days from the date of signing the acknowledgment or the
    31  date  of  an administrative or a judicial proceeding (including, but not
    32  limited to, a proceeding to establish a support order) relating  to  the
    33  child  in  which either signatory is a party; provided that for purposes
    34  of this section, the "date of an administrative or a  judicial  proceed-
    35  ing" shall be the date by which the respondent is required to answer the
    36  petition.
    37    (d) A signatory to an acknowledgment of [paternity] parentage, who has
    38  not  attained  the  age  of  eighteen  at  the  time of execution of the
    39  acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
    40  anytime  up  to  sixty  days  after the signatory's attaining the age of
    41  eighteen years or sixty days after the date on which the  respondent  is
    42  required to answer a petition (including, but not limited to, a petition
    43  to  establish a support order) relating to the child in which the signa-
    44  tory is a party, whichever  is  earlier;  provided,  however,  that  the
    45  signatory  must have been advised at such proceeding of his or her right
    46  to file a petition to vacate the acknowledgment within sixty days of the
    47  date of such proceeding.
    48    (e) After the expiration of the time limits set  forth  in  paragraphs
    49  (c)  and  (d)  of this subdivision, any of the signatories may challenge
    50  the acknowledgment of [paternity] parentage in court only on  the  basis
    51  of  fraud, duress, or material mistake of fact, with the burden of proof
    52  on the party challenging the voluntary acknowledgment.  The  acknowledg-
    53  ment  shall have full force and effect once so signed. The original or a
    54  copy of the acknowledgment shall be filed  with  the  registrar  of  the
    55  district in which the birth certificate has been filed.

        A. 1071--B                         19
 
     1    3. (a) An executed acknowledgment of [paternity] parentage executed by
     2  [the  mother  and  father of a child born out of wedlock] any two people
     3  eligible to sign such an acknowledgment under paragraph (b) of  subdivi-
     4  sion  one  of  this  section,  married or unmarried, shall establish the
     5  [paternity]  parentage  of  a  child  and  shall have the same force and
     6  effect as an order of [paternity] parentage or  filiation  issued  by  a
     7  court  of  competent jurisdiction. Such acknowledgement shall thereafter
     8  be filed with the registrar pursuant to subdivision one or two  of  this
     9  section.
    10    (b)  A  registrar with whom an acknowledgment of [paternity] parentage
    11  has been filed pursuant to subdivision one or two of this section  shall
    12  file  the  acknowledgment  with  the  state department of health and the
    13  putative father registry.
    14    4. The court shall give full faith and credit to an acknowledgment  of
    15  parentage  effective  in  another  state  if the acknowledgment was in a
    16  signed record and otherwise complies with the law of the other state.
    17    5. A new certificate of birth shall be issued if  the  certificate  of
    18  birth of [a] the child [born out of wedlock] as defined in paragraph (b)
    19  of  subdivision  one of section four thousand one hundred thirty-five of
    20  this article has been filed without entry of the name  of  the  [father]
    21  signatory  other  than  the  person who gave birth, and the commissioner
    22  thereafter receives a notarized acknowledgment of [paternity]  parentage
    23  accompanied  by  the written consent of the [putative father and mother]
    24  person who gave birth to the child and other signatory to the  entry  of
    25  the  name of such [father] person, which consent may also be to a change
    26  in the surname of the child.
    27    6. Any reference to an acknowledgment of paternity in any law of  this
    28  state shall be interpreted to mean an acknowledgment of parentage signed
    29  pursuant  to this section or signed in another state consistent with the
    30  law of that state.
    31    § 8. The article heading of article 8 of the domestic  relations  law,
    32  as  added  by  chapter  308  of  the laws of 1992, is amended to read as
    33  follows:
    34                    GENETIC SURROGATE PARENTING CONTRACTS
    35    § 9. The general business law is amended by adding a new article 44 to
    36  read as follows:
 
    37                                 ARTICLE 44
    38                       REGULATION OF SURROGACY BROKERS
    39  Section 1400. Definitions.
    40          1401. Brokers regulated under this article.
    41          1402. Conflicts of interest; prohibition on payments;  funds  in
    42                  escrow.
    43          1403. Regulations.
    44    § 1400. Definitions. As used in this section:
    45    (a)  The  definitions in section 581-102 of the family court act shall
    46  apply.
    47    (b) "Payment" means any type of monetary compensation or  other  valu-
    48  able  consideration  including  but  not  limited  to  a rebate, refund,
    49  commission, unearned discount, or profit by means  of  credit  or  other
    50  valuable consideration.
    51    (c)  "Surrogacy  broker"  includes  but  is not limited to any agency,
    52  agent, business, or individual engaged in,  arranging,  or  facilitating
    53  transactions contemplated by a surrogacy agreement, regardless of wheth-
    54  er  such  agreement ultimately comports with the requirements of article
    55  five-C of the family court act.

        A. 1071--B                         20
 
     1    § 1401. Brokers regulated under this article. The provisions  of  this
     2  article  apply  to  surrogacy  brokers  arranging or facilitating trans-
     3  actions contemplated by a surrogacy agreement under part four of article
     4  five-C of the family court act if:
     5    (a) The surrogacy broker does business in New York state;
     6    (b) A person acting as surrogate who is party to a surrogacy agreement
     7  resides in New York state during the term of the surrogacy agreement; or
     8    (c) Any medical procedures under the surrogacy agreement are performed
     9  in New York state.
    10    § 1402. Conflicts  of  interest;  prohibition  on  payments;  funds in
    11  escrow. A surrogacy broker to which this article applies:
    12    (a) Must keep all funds paid by or on behalf of the intended parent or
    13  parents in a separate, licensed escrow fund;
    14    (b) May not be owned or managed, in any part, directly or  indirectly,
    15  by any attorney representing a party to the surrogacy agreement;
    16    (c) May not pay or receive payment, directly or indirectly, to or from
    17  any  person  licensed  to  practice  law and representing a party to the
    18  surrogacy agreement in connection with the referral  of  any  person  or
    19  party for the purpose of a surrogacy agreement;
    20    (d) May not pay or receive payment, directly or indirectly, to or from
    21  any  health  care  provider  providing  any  health  services, including
    22  assisted reproduction, to a party to the surrogacy agreement; and
    23    (e) May not be owned or managed, in any part, directly or  indirectly,
    24  by  any  health  care  provider providing any health services, including
    25  assisted reproduction, to a party to the surrogacy agreement.
    26    § 1403. Regulations.  The  department  of  financial  services   shall
    27  promulgate  regulations  to  implement the requirements of this article,
    28  and shall annually report to the state legislature regarding  the  prac-
    29  tices  of  surrogacy brokers in New York state, with recommendations for
    30  any necessary amendments to this article.
    31    § 10. This act shall take effect on  the  one  hundred  twentieth  day
    32  after  it  shall have become a law. Effective immediately, the addition,
    33  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    34  implementation  of  this  act on its effective date are authorized to be
    35  made and completed on or before such date.
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