A10499 Summary:

SAME ASNo same as
COSPNSRTitone, Lavine, Robinson, Galef, Jaffee, Rivera P, Zebrowski, Weprin
MLTSPNSRBoyland, Gottfried, Linares
Add Art 5-C Parts 1 - 7 SS581-101 - 581-703, Fam Ct Act; rpld S73, Art 8, Dom Rel L
Establishes the child-parent security act to legally establish a child's relationship with his or her parents.
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A10499 Actions:

05/29/2012referred to judiciary
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A10499 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the family court act, in relation to establishing the child-parent security act; and to repeal section 73 and article 8 of the domestic relations law, relating to legitimacy of chil- dren born by artificial insemination and surrogate parenting contracts   PURPOSE OR GENERAL IDEA OF BILL: To legally establish a child's relationship to his or her parents.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new article 5-C to the Family Court Act, enacting the "Child-Parent Security Act." Part one of the article provides defi- nitions. Part two establishes the requirements and procedure for obtain- ing a judgment of parentage of a child born: through assisted reprod- uction or artificial insemination, pursuant to a gestational carrier arrangement, and for a child whose parentage is established pursuant to section 581-601 of article 581-C. Part three sets forth provisions for determining the parentage of a child of assisted reproduction or artifi- cial insemination. Part four authorizes gestational carrier agreements and sets forth the requirements of such agreements. Part five sets forth the conditions for reimbursement and compensation to donors and gesta- tional carriers. Part six provides for determination of parenthood where an individual can demonstrate by clear and convincing evidence that the parent of the child consented to the formation of a parent- child relationship with the child, the person resided in the same house- hold with the child for a length of time sufficient to have established a parental relationship with the child, the person performed parental functions to a significant degree, and the person formed a pa rent-child bond with the child. Section 2 repeals section 73 of the Domestic Relations Law. Section 3 repeals Article 8 of the Domestic Relations Law. Section 4 provides the effective date.   JUSTIFICATION: New York law has failed to keep pace with medical advances in the treatment of infertility, causing uncertainty about who the legal parents of a child are upon birth. In many cases, parentage created through these medical advances is not recognized under current law. This is not only detrimental to the child; it also causes confusion in many critical situations. For example, a hospital does not know who must give consent when a newborn requires medical procedures. Importantly, this legislation lifts the ban on surrogacy contracts to permit gestational carrier agreements and sets forth the criteria for such agreements. In addition, this legislation establishes a legal procedure for a part- ner of a biological or adoptive parent who has formed a parental bond with a child after birth, with the consent of the biological or adoptive parent to be declared a parent. This will allow such an individual to continue to have a relationship with the child should the relationship with the biological or adoptive parent dissolve. The Child-Parent Security Act of 2012 will provide clear and decisive legal procedures to ensure that each child's relationship to his or her parent(s) is legally recognized. The new legal procedures will take into consideration the best interests of the children and the need for clari- ty and stability in family relationships.   PRIOR LEGISLATIVE HISTORY: This is a new bill   FISCAL IMPLICATION: None   EFFECTIVE DATE: This act shall take effect on the one hundred twenti- eth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
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