Bill Text: NY A09847 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy or gamete provision agreements; relates to proceedings regarding parental rights, status and obligations and makes conforming changes; regulates genetic surrogacy, gamete provision and assisted reproduction programs; repeals provisions relating to the legitimacy of children born by artificial insemination; and repeals provisions relating to surrogate parenting contracts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-02-20 - referred to judiciary [A09847 Detail]
Download: New_York-2019-A09847-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9847 IN ASSEMBLY February 20, 2020 ___________ Introduced by M. of A. BARRETT, O'DONNELL -- read once and referred to the Committee on Judiciary 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 or gamete provider agreements; to amend the domestic relations law, in relation to proceedings regarding parental rights, status and obligations and to make conforming chang- es; to amend the public health law, in relation to voluntary acknowl- edgments of parentage, genetic surrogacy and regulations concerning gamete provision, and to establish the New York state office of assisted reproduction registrar and the assisted reproduction regis- try; to amend the general business law, in relation to the regulation of surrogacy programs, third-party gamete provision service providers and assisted reproduction service provider; to repeal section 73 of the domestic relations law, relating to legitimacy of children born by artificial insemination; and to repeal sections 122 and 123 of the domestic relations law, relating to surrogate parenting contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The family court act is amended by adding a new article 5-C 2 to read as follows: 3 ARTICLE 5-C 4 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 - 581-207) 8 3. Child of assisted reproduction (581-301 - 581-307) 9 4. Surrogacy agreement (581-401 - 581-409) 10 5. Third-party gamete provision agreement (581-501 - 581-507) 11 6. Informed consent (581-601 - 581-604) 12 7. Payment to gamete providers and persons acting as surrogates 13 (581-701 - 581-702) 14 8. Surrogates' bill of rights (581-801 - 581-807) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14764-03-0A. 9847 2 1 9. Gamete providers' bill of rights (581-901 - 581-905) 2 10. Miscellaneous provisions (581-1001 - 581-1004) 3 PART 1 4 GENERAL PROVISIONS 5 Section 581-101. Purpose. 6 581-102. Definitions. 7 § 581-101. Purpose. The purpose of this article is to legally estab- 8 lish a child's relationship to their parents where the child is 9 conceived through assisted reproduction, with third-party gametes, if 10 applicable, and including children born through surrogacy, including 11 genetic surrogacy. No fertilized egg, embryo or fetus shall have any 12 independent rights under the laws of this state, nor shall any ferti- 13 lized egg, embryo or fetus be viewed as a child under the laws of this 14 state, nor shall any fertilized egg, embryo or fetus be viewed as a 15 child under the laws of this state, nor shall any person providing any 16 fertilized egg or embryo in order to establish another person's pregnan- 17 cy thereby acquire any rights over that person's body. 18 § 581-102. Definitions. (a) "Acknowledgment of interim parental 19 responsibility": a written declaration valid at the birth of a child 20 conceived by assisted reproduction, with third-party gametes if applica- 21 ble, and born through surrogacy, including genetic surrogacy, that 22 states that the person acting as surrogate and the biologically-related 23 intended parent or parents, if applicable, or otherwise a non-biologi- 24 cally-related intended parent, assume parental responsibility for the 25 child and will share decision-making responsibility for the child, 26 except that the intended parent or parents, as applicable, will assume 27 full financial responsibility, until: 28 1. The person acting as surrogate under the terms of a surrogacy 29 agreement has, as applicable, submitted a written declaration no sooner 30 than eight days following the birth of the child stating that they are, 31 as applicable, voluntarily consenting to disclaim and renounce their 32 parental rights, and a judgment of parentage in favor of the intended 33 parent or parents, as applicable, has been issued under the terms of a 34 surrogacy agreement; or 35 2. The person acting as surrogate under the terms of a genetic surro- 36 gacy agreement, has submitted a written declaration no sooner than eight 37 days following the birth of the child stating that they are, as applica- 38 ble, voluntarily consenting to disclaim and renounce their parental 39 rights under the terms of a genetic surrogacy agreement, and consenting 40 to the adoption of any children born pursuant to the genetic surrogacy 41 agreement; or 42 3. A final judgment of parentage has otherwise been issued as estab- 43 lished under the procedures of this article. 44 (b) "Assisted reproduction" means a method of causing pregnancy other 45 than sexual intercourse and includes but is not limited to: 46 1. intrauterine or vaginal insemination; 47 2. third-party gamete provision; 48 3. third-party embryo provision; 49 4. in vitro fertilization and transfer of embryos; and 50 5. intracytoplasmic sperm injection. 51 (c) "Child" means a born individual of any age whose parentage may be 52 determined under this act or other law. 53 (d) "Compensation" means payment of any valuable consideration in 54 excess of reasonable medical and ancillary costs.A. 9847 3 1 (e) "Gamete provider" means an individual who does not intend to be a 2 parent who produces gametes and provides them to another person, other 3 than the individual's spouse, for use in assisted reproduction. The 4 term does not include a person who is a parent under part three of this 5 article. Gamete provider also includes an individual who had disposi- 6 tional control of an embryo who then transfers dispositional control and 7 relinquishes all present and future parental and inheritance rights and 8 obligations to a resulting child. 9 (f) "Third-party gamete provision" means the provision of gametes by 10 an individual who does not intend to be a parent who produces gametes 11 and provides them to another person or entity, other than the gamete 12 provider's spouse, for use in assisted reproduction. 13 (g) "Third-party embryo provision" means the transfer of dispositional 14 control over an embryo and relinquishment of all present and future 15 parental and inheritance rights and obligations to a resulting child, 16 from a gamete provider or entity to an intended parent or parents, or 17 entity. 18 (h) "Embryo" means a cell or group of cells containing a diploid 19 complement of chromosomes or group of such cells, not a gamete or 20 gametes, that has the potential to develop into a live born human being 21 if transferred into the body of a person under conditions in which 22 gestation may be reasonably expected to occur. 23 (i) "Embryo transfer" means all medical and laboratory procedures that 24 are necessary to effectuate the transfer of an embryo into the uterine 25 cavity. 26 (j) "Gamete" means a cell containing a haploid complement of DNA that 27 has the potential to form an embryo when combined with another gamete. 28 Sperm and eggs are gametes. A human gamete used or intended for reprod- 29 uction may not contain nuclear or mitochondrial DNA that has been delib- 30 erately altered, or nuclear DNA from one human combined with the mito- 31 chondrial DNA of another human being. 32 (k) "Surrogacy agreement" is an agreement between at least one 33 intended parent and a person acting as surrogate intended to result in a 34 live birth where the child will be the legal child of the intended 35 parent or parents. The person acting as surrogate does not use their 36 own ovum. 37 (l) "Genetic surrogacy agreement" is an agreement between at least one 38 intended parent and a person acting as surrogate intended to result in a 39 live birth where the child will be the legal child of the intended 40 parent or parents. The person acting as surrogate uses their own ovum. 41 (m) "Gamete provision agreement" is an agreement between an intended 42 gamete provider and at least one intended parent, an intended gamete 43 provider and a gamete bank, or an intended gamete provider and a fertil- 44 ity clinic intended to result in provision of eggs or sperm to be used 45 for the purposes of assisted reproduction or research. 46 (n) "Person acting as surrogate" means an adult person, not an 47 intended parent, who enters into a surrogacy, including genetic surroga- 48 cy, agreement to bear a child who will be the legal child of the 49 intended parent or parents, provided the person meets the requirements 50 of this article. 51 (o) "Health care practitioner" means an individual licensed or certi- 52 fied under title eight of the education law acting within his or her 53 scope of practice. 54 (p) "Intended parent" is an individual who manifests the intent to be 55 legally bound as the parent of a child conceived by assisted reprod-A. 9847 4 1 uction and born through surrogacy, including genetic surrogacy, provided 2 they meet the requirements of this article. 3 (q) "In vitro fertilization" means the formation of a human embryo 4 outside the human body. 5 (r) "Parent" means an individual who has established a parent-child 6 relationship under this act or other law. "Parent" also includes the 7 person acting as surrogate, who is a parent at birth under this article. 8 (s) "Participant" is an individual who either: provides a gamete that 9 is used in assisted reproduction, is an intended parent, is a person 10 acting as surrogate, or is the spouse of an intended parent or person 11 acting as surrogate. 12 (t) "Record" means information inscribed in a tangible medium or 13 stored in an electronic or other medium that is retrievable in perceiva- 14 ble form. 15 (u) "Retrieval" means the procurement of eggs or sperm from a gamete 16 provider. 17 (v) "Spouse" means an individual married to another, or who has a 18 legal relationship entered into under the laws of the United States or 19 of any state, local or foreign jurisdiction, which is substantially 20 equivalent to a marriage, including a civil union or domestic partner- 21 ship. 22 (w) "State" means a state of the United States, the District of Colum- 23 bia, Puerto Rico, the United States Virgin Islands, or any territory or 24 insular possession subject to the jurisdiction of the United States. 25 (x) "Transfer" means the placement of an embryo or gametes into the 26 body of a person with the intent to achieve pregnancy and live birth. 27 PART 2 28 JUDGMENT OF PARENTAGE 29 Section 581-201. Judgment of parentage. 30 581-202. Acknowledgement of interim parental responsibility. 31 581-203. Proceeding for judgment of parentage of a child 32 conceived by assisted reproduction. 33 581-204. Proceeding to establish parental rights of a child 34 conceived by assisted reproduction and born pursuant 35 to a surrogacy agreement or a genetic surrogacy 36 agreement. 37 581-205. Judgment of parentage for intended parents who are 38 spouses. 39 581-206. Inspection of records. 40 581-207. Jurisdiction, and exclusive continuing jurisdiction. 41 § 581-201. Judgment of parentage. (a) A civil proceeding may be main- 42 tained to adjudicate the parentage of a child under the circumstances 43 set forth in this article. This proceeding is governed by the civil 44 practice law and rules. 45 (b) In the case of surrogacy, a judgment of parentage may be issued no 46 sooner than eight days after the birth of the child, once the person 47 acting as surrogate has provided notarized consent in writing relin- 48 quishing the person's entitlement to parentage of the child, and assert- 49 ing that they are doing so knowingly and voluntarily and without undue 50 inducement. 51 (c) A petition for a judgment of parentage or nonparentage of a child 52 conceived by assisted reproduction may be initiated by (1) a child, or 53 (2) a parent, or (3) a participant, or (4) a person with a claim to 54 parentage, or (5) the support/enforcement agency or other governmentalA. 9847 5 1 agency authorized by other law, or (6) a representative authorized by 2 law to act for an individual who would otherwise be entitled to maintain 3 a proceeding but who is deceased, incapacitated, or a minor, in order to 4 legally establish the child-parent relationship of either a child 5 conceived by assisted reproduction and born under part three of this 6 article or a child born through surrogacy, including genetic surrogacy, 7 pursuant to part four of this article or article eight of the domestic 8 relations law. 9 § 581-202. Acknowledgment of interim parental responsibility. (a) In 10 the case of surrogacy, not including genetic surrogacy, the petition for 11 a judgment of parentage must include an acknowledgment of interim 12 parental responsibility which shall be issued prior to the birth of the 13 child but shall not become effective until the birth of the child. 14 (b) In the case of genetic surrogacy, the petition for an adoption 15 proceeding to transfer parental rights of any children born pursuant to 16 the genetic surrogacy agreement under article eight of the domestic 17 relations law must include an acknowledgment of interim parental respon- 18 sibility which shall be issued prior to the birth of the child but shall 19 not become effective until the birth of the child. 20 § 581-203. Proceeding for judgment of parentage of a child conceived 21 by assisted reproduction. (a) A proceeding for a judgment of parentage 22 with respect to a child conceived by assisted reproduction, with third- 23 party gametes, if applicable, but not born through surrogacy, may be 24 commenced: 25 (1) if the intended parent resides in New York state, in the county 26 where the intended parent resides any time after pregnancy is achieved 27 or in the county where the child was born or resides; or 28 (2) if the intended parent and child do not reside in New York state, 29 up to ninety days after the birth of the child in the county where the 30 child was born. 31 (b) The petition for a judgment of parentage must be verified. 32 (c) Where a petition includes the following truthful statements, the 33 court shall adjudicate any intended parent to be the parent of the 34 child: 35 (1) if an intended parent is not a New York state resident, a state- 36 ment that the child will be or was born in the state within ninety days 37 of filing; 38 (2) a statement from the pregnant intended parent that they became 39 pregnant as a result of assisted reproduction; 40 (3) in cases where there are two intended parents and one becomes 41 pregnant by assisted reproduction, a statement from both intended 42 parents that they consented to assisted reproduction pursuant to section 43 581-304 of this article; and 44 (4) proof of any gamete provider's parental and proprietary intent 45 pursuant to section twenty-five hundred ninety-nine-ii of the public 46 health law. 47 (i) In the case of a sperm provider who provides sperm after January 48 first, two thousand twenty-one to a licensed individual health care 49 practitioner, gamete bank, fertility clinic, or other health care facil- 50 ity for use in assisted reproduction by an intended parent other than 51 the sperm provider's intimate partner or spouse, and regardless of 52 whether the sperm provider has chosen to disclose their identity to any 53 children conceived by assisted reproduction using their gametes, the 54 sperm provider is treated in law as if they were not the natural parent 55 of any child thereby conceived, unless otherwise agreed to in a writtenA. 9847 6 1 and notarized statement, signed by the sperm provider and the intended 2 parent prior to conception by assisted reproduction. 3 (ii) In the case of an egg provider who provides ova after January 4 first, two thousand twenty-one for use in assisted reproduction by an 5 intended parent other than the egg provider's spouse or intimate part- 6 ner, and regardless of whether the egg provider has chosen to disclose 7 their identity to any children conceived by assisted reproduction using 8 their gametes, the egg provider is treated in law as if the egg provider 9 were not the natural parent of any child thereby conceived, unless the 10 court finds satisfactory evidence that the egg provider and the intended 11 parent intended for the egg provider to be a parent. 12 (d) The following shall be deemed sufficient proof of a gamete provid- 13 er's parental and proprietary intent for purposes of this section: 14 (1) In the case of third-party gametes that were provided prior to 15 January first, two thousand twenty-one, and where the gamete provider is 16 anonymous, or where third-party gametes or embryos have previously been 17 relinquished to a gamete or embryo storage facility or in the presence 18 of a health care practitioner, a statement from the gamete or embryo 19 storage facility or health care practitioner that the gamete provider 20 does not retain any parental or proprietary interest in the gametes or 21 embryos; 22 (2) In the case of third-party gametes that were provided prior to 23 January first, two thousand twenty-one, and where the gamete provider is 24 known, either: 25 (i) a record from the gamete or embryo provider acknowledging the 26 third-party gamete provision and confirming that the gamete provider has 27 no parental or proprietary interest in the gametes or embryos. The 28 record shall be signed by the intended parent who plans to become preg- 29 nant by assisted reproduction using third-party gametes and the gamete 30 or embryo provider. The record may be, but is not required to be, 31 signed: 32 (A) before a notary public, or 33 (B) before two witnesses who are not the intended parents, or 34 (C) before a health care practitioner; or 35 (ii) clear and convincing evidence that the gamete or embryo provider 36 agreed, prior to conception, with the intended parent who intends to 37 become pregnant by assisted reproduction with third-party gametes that 38 the gamete provider has no parental or proprietary interest in the 39 gametes or embryos. 40 (3) In the absence of evidence pursuant to paragraph one or two of 41 this subdivision, notice shall be given to the gamete provider at least 42 twenty days prior to the proceeding by delivery of a copy of the peti- 43 tion and notice. Upon a showing to the court, by affidavit or otherwise, 44 on or before the date of the proceeding or within such further time as 45 the court may allow, that personal service cannot be effected at the 46 gamete provider's last known address with reasonable effort, notice may 47 be given, without prior court order therefor, at least twenty days prior 48 to the proceeding by registered or certified mail directed to the gamete 49 provider's last known address. Notice by publication shall not be 50 required to be given to a gamete provider entitled to notice pursuant to 51 the provisions of this section. 52 (e) In cases not covered by subdivision (c) of this section, the court 53 shall adjudicate the parentage of the child consistent with part three 54 of this article. 55 (f) Where the requirements of subdivision (c) of this section are met 56 or where the court finds the intended parent to be a parent under subdi-A. 9847 7 1 vision (e) of this section, the court shall issue a judgment of parent- 2 age: 3 (1) declaring, that upon the birth of the child, the intended parent 4 or parents is/are the legal parent or parents of the child; 5 (2) ordering the intended parent or parents to assume responsibility 6 for the maintenance and support of the child immediately upon the birth 7 of the child; 8 (3) if there is a gamete provider, ordering that the gamete provider 9 is not a parent of the child, pursuant to section twenty-five hundred 10 ninety-nine-ii of the public health law; and 11 (4) ordering that upon the birth of the child, a copy of the judgment 12 of parentage be served on the (i) department of health or New York city 13 department of mental health and hygiene, or (ii) registrar of births in 14 the hospital where the child is born and directing that the hospital 15 report the parentage of the child to the appropriate department of 16 health in conformity with the court order. If an original birth certif- 17 icate has already been issued, the court shall issue an order directing 18 the appropriate department of health to issue an amended birth certif- 19 icate in an expedited manner and seal the original birth certificate 20 except that it may be rendered accessible to the child at eighteen years 21 of age, or the legal parent or parents. 22 § 581-204. Proceeding to establish parental rights of a child 23 conceived by assisted reproduction and born pursuant to a surrogacy 24 agreement or a genetic surrogacy agreement. (a) If there is a surrogacy 25 agreement, the proceeding may be commenced at any time after the end of 26 the first trimester of pregnancy by the filing of a petition for an 27 acknowledgment of interim parental responsibility and a judgment of 28 parentage as provided in this subdivision. Any party to the surrogacy 29 agreement not joining in the petition must be served with notice of the 30 proceeding. 31 (1) The petition for an acknowledgment of interim parental responsi- 32 bility and a judgment of parentage shall be verified and shall include 33 the following: 34 (i) a statement that the person acting as surrogate and each intended 35 parent is a United States citizen or permanent lawful resident and was a 36 resident of the state of New York for at least twelve months at the time 37 the surrogacy agreement was executed, except that an exception shall be 38 made if the person acting as surrogate is a family member of an intended 39 parent and is not being compensated to act as surrogate above and beyond 40 being compensated or reimbursed for medical and pregnancy-related 41 expenses; 42 (ii) a statement that, upon the birth of the child, the person acting 43 as surrogate and the biologically-related intended parent or parents, or 44 otherwise a non-biologically related intended parent, assume parental 45 responsibility for the child and will share decision-making responsibil- 46 ity for the child, except that the intended parent or parents will 47 assume full financial responsibility until the person acting as surro- 48 gate under the terms of a surrogacy agreement pursuant to this article 49 has, as applicable, submitted a notarized written declaration no sooner 50 than eight days following the birth of the child stating that they are, 51 as applicable, voluntarily consenting to renounce, disclaim and surren- 52 der their parental rights, and a judgment of parentage in favor of the 53 intended parent or parents, has been issued under the terms of a surro- 54 gacy agreement; 55 (iii) an acknowledgment of interim parental responsibility;A. 9847 8 1 (iv) a statement that the person acting as surrogate and each intended 2 parent is a U.S. citizen or permanent lawful resident and was a resident 3 of the state of New York for at least twelve months at the time the 4 surrogacy agreement was executed, except that an exemption will be 5 provided for the person acting as surrogate if they are a family member 6 of an intended parent and are not being compensated to act as surrogate 7 other than being compensated or reimbursed for medical, legal, and preg- 8 nancy-related expenses; 9 (v) a certification from the attorney representing the intended parent 10 or parents, the attorney representing the person acting as surrogate, 11 and the surrogacy program coordinating the surrogacy agreement that the 12 requirements of part four of this article, have been met; 13 (vi) a statement from all parties to the surrogacy agreement that they 14 entered into the surrogacy agreement knowingly and voluntarily; and 15 (vii) a statement from the person acting as surrogate, notarized no 16 sooner than eight days following the birth of any resulting children, 17 that they do not object to the legal termination of their parental 18 rights and that they consent to such termination and the transfer of the 19 child, if transfer of the child has not already occurred, knowingly and 20 voluntarily, without being coerced or unduly influenced. 21 (2) Where a petition satisfies the requirements of paragraph one of 22 this subdivision, the court in which the petition has been filed may 23 issue a judgment of parentage, provided that such judgment shall issue 24 no sooner than eight days after the birth of the child. The judgment of 25 parentage shall: 26 (i) declare that upon the issuance of the judgment of parentage, the 27 intended parent is or parents are the legal parent or parents of the 28 child if the judgment of parentage so provides; 29 (ii) declare that upon the issuance of the judgment of parentage, the 30 person acting as surrogate is not the legal parent of the child if the 31 judgment of parentage so provides; 32 (iii) order the person acting as surrogate to transfer the child to 33 the intended parent or parents if the judgment of parentage so provides 34 and this has not already occurred; 35 (iv) order the intended parent or parents to continue assuming respon- 36 sibility for the maintenance and support of the child as provided by the 37 acknowledgment of parental responsibility; and 38 (v) (A) order that upon the issuance of the judgment of parentage, a 39 copy of the judgment of parentage be served on: (1) the department of 40 health or the New York city department of mental health and hygiene; or 41 (2) the registrar of births in the hospital where the child is born and 42 directing that the hospital report the parentage of the child to the 43 appropriate department of health in conformity with the court order. 44 (B) if an original birth certificate has already been issued, the 45 court shall issue an order directing the appropriate department of 46 health to issue an amended birth certificate in an expedited manner and 47 seal the original birth certificate except that it may be rendered 48 accessible to the child at eighteen years of age, or to the legal parent 49 or parents. 50 (3) Notwithstanding the provisions of paragraph two of this subdivi- 51 sion, the court may refuse to issue a judgment of parentage if it deter- 52 mines that: 53 (A) the person acting as surrogate no longer consents to the termi- 54 nation of her parental rights; 55 (B) the surrogate's failure to object to such termination was unduly 56 influenced by financial or other duress; orA. 9847 9 1 (C) the judgment of parentage is not in the best interests of the 2 child. 3 (4) In the event the certification required by subparagraph (v) of 4 paragraph two of this subdivision cannot be made because of a technical 5 or non-material deviation from the requirements of this article; the 6 court may nevertheless enforce the agreement and issue a judgment of 7 parentage if the court determines the agreement is in substantial 8 compliance with the requirements of this article. 9 (b) If there is a genetic surrogacy agreement, the proceeding may be 10 commenced at any time after the end of the third trimester of pregnancy 11 by the filing of a petition for an acknowledgment of interim parental 12 responsibility and a judgment of parentage as provided in this subdivi- 13 sion. Any party to the genetic surrogacy agreement not joining in the 14 petition must be served with notice of the proceeding. 15 (1) The petition for an acknowledgment of interim parental responsi- 16 bility and a judgment of parentage shall be verified and shall include 17 the following: 18 (i) a statement that the person acting as surrogate and each intended 19 parent is a citizen of the United States or permanent lawful resident 20 and was a resident of the state of New York for at least twelve months 21 at the time the genetic surrogacy agreement was executed, except that an 22 exemption will be provided for the person acting as surrogate if they 23 are a family member of an intended parent and are not being compensated 24 to act as surrogate other than being compensated or reimbursed for 25 medical, legal, and pregnancy-related expenses; 26 (ii) a statement that, upon the birth of the child, the person acting 27 as surrogate and the biologically-related intended parent or parents, or 28 otherwise a non-biologically related intended parent, assume parental 29 responsibility for the child and will share decision-making responsibil- 30 ity for the child, except that the intended parent or parents will 31 assume full financial responsibility until the person acting as surro- 32 gate under the terms of a genetic surrogacy agreement pursuant to arti- 33 cle eight of the domestic relations law, has submitted to the court a 34 notarized written declaration stating that they are voluntarily consent- 35 ing to renounce, disclaim, and surrender their parental rights under the 36 terms of a genetic surrogacy agreement, and consenting to the adoption 37 of any children born pursuant to the genetic surrogacy agreement. Such 38 notarized written declaration shall be submitted no sooner than eight 39 days following the birth of the child; 40 (iii) an acknowledgment of interim parental responsibility; 41 (iv) a certification from the attorney representing the intended 42 parent or parents, the attorney representing the person acting as surro- 43 gate, and the surrogacy program coordinating the genetic surrogacy 44 agreement that the requirements of section one hundred twenty-two of the 45 domestic relations law, have been met; 46 (v) a statement from all parties to the genetic surrogacy agreement 47 that they entered into the genetic surrogacy agreement knowingly and 48 voluntarily; and 49 (vi) a statement from the person acting as surrogate, notarized no 50 sooner than eight days following the birth of any resulting children, 51 that they do not object to the legal termination of their parental 52 rights and that they consent to such termination and the transfer of the 53 child, if transfer of the child has not already occurred, knowingly and 54 voluntarily, without being coerced or unduly influenced. 55 (2) Where a petition satisfies the requirements of paragraph one of 56 this subdivision, the court in which the petition has been filed mayA. 9847 10 1 issue a judgment of parentage, provided that such judgment shall issue 2 no sooner than eight days after the birth of the child. The judgment of 3 parentage shall: 4 (i) declare that upon the issuance of the judgment of parentage, the 5 intended parent is or parents are the legal parent or parents of the 6 child if the judgment of parentage so provides; 7 (ii) declare that upon the issuance of the judgment of parentage, the 8 person acting as a third-party gamete provider is not the legal parent 9 of the child if the judgment of parentage so provides; 10 (iii) order the intended parent or parents to continue assuming 11 responsibility for the maintenance and support of the child as provided 12 by the acknowledgment of parental responsibility; and 13 (v) (A) order that upon the issuance of the judgment of parentage, a 14 copy of the judgment of parentage be served on: (1) the department of 15 health or the New York city department of mental health and hygiene; or 16 (2) the registrar of births in the hospital where the child is born and 17 directing that the hospital report the parentage of the child to the 18 appropriate department of health in conformity with the court order. 19 (3) In the event the certification required by subparagraph (iv) of 20 paragraph two of this subdivision cannot be made because of a technical 21 or non-material deviation from the requirements of this article; the 22 court may nevertheless enforce the agreement and issue a judgment of 23 parentage if the court determines the agreement is in substantial 24 compliance with the requirements of this article. 25 § 581-205. Judgment of parentage for intended parents who are spouses. 26 Notwithstanding or without limitation on presumptions of parentage that 27 apply, a judgment of parentage may be obtained under this part by 28 intended parents who are each other's spouse. 29 § 581-206. Inspection of records. Court records relating to 30 proceedings under this article shall be sealed. The parties to the 31 proceeding and the child shall have the right to inspect the entire 32 court record, including, but not limited to, the name of the person 33 acting as surrogate and any known gamete providers. 34 § 581-207. Jurisdiction, and exclusive continuing jurisdiction. (a) 35 Proceedings pursuant to this article may be instituted in the supreme or 36 family court. 37 (b) Subject to the jurisdictional standards of section seventy-six of 38 the domestic relations law, the court conducting a proceeding under this 39 article has exclusive, continuing jurisdiction of all matters relating 40 to the determination of parentage until the child attains the age of one 41 hundred eighty days. 42 PART 3 43 CHILD OF ASSISTED REPRODUCTION 44 Section 581-301. Scope of article. 45 581-302. Status of gamete provider. 46 581-303. Parentage of child of assisted reproduction. 47 581-304. Consent to assisted reproduction. 48 581-305. Limitation on spouses' dispute of parentage of child of 49 assisted reproduction. 50 581-306. Effect of embryo disposition agreement between intended 51 parents which transfers legal rights and disposi- 52 tional control to one intended parent. 53 581-307. Effect of death of intended parent.A. 9847 11 1 § 581-301. Scope of article. This article does not apply to the birth 2 of a child conceived by means of sexual intercourse. 3 § 581-302. Status of gamete provider. A gamete provider is not a 4 parent of a child conceived by means of assisted reproduction with their 5 gametes or embryos, pursuant to section twenty-five hundred ninety-nine- 6 ii of the public health law. 7 § 581-303. Parentage of child of assisted reproduction. (a) An indi- 8 vidual who is not a gamete provider but who uses their own gametes for, 9 or who consents to, assisted reproduction with the intent to be a parent 10 of the child with the consent of the pregnant intended parent as 11 provided in section 581-304 of this part, is a parent of the resulting 12 child for all legal purposes. 13 (b) The court shall issue a judgment of parentage pursuant to this 14 article upon application by any participant. 15 § 581-304. Consent to assisted reproduction. (a) Where the intended 16 parent who gives birth to a child by means of assisted reproduction is a 17 spouse, the consent of both spouses to the assisted reproduction is 18 presumed and neither spouse may challenge the parentage of the child, 19 except as provided in section 581-305 of this part. 20 (b) Where the intended parent who gives birth to a child by means of 21 assisted reproduction is not a spouse, the consent to the assisted 22 reproduction must be in a record in such a manner as to indicate the 23 mutual agreement of the intended parents to conceive and parent a child 24 together. 25 (c) The absence of a record described in subdivision (b) of this 26 section shall not preclude a finding that such consent existed if the 27 court finds by clear and convincing evidence that at the time of the 28 assisted reproduction the intended parents agreed to conceive and parent 29 the child together. 30 § 581-305. Limitation on spouses' dispute of parentage of child of 31 assisted reproduction. (a) Except as otherwise provided in subdivision 32 (b) of this section, neither spouse may challenge the presumption of 33 parentage of the child unless: 34 (1) within two years after learning of the birth of the child a 35 proceeding is commenced to adjudicate parentage; and 36 (2) the court finds by clear and convincing evidence that either 37 spouse did not consent for the spouse who is not pregnant to be a parent 38 of the child. 39 (b) A proceeding for a judgment of parentage may be maintained at any 40 time if the court finds by clear and convincing evidence that: 41 (1) the spouse did not consent to assisted reproduction by the indi- 42 vidual who gave birth; and 43 (2) the spouse and the individual who gave birth have not cohabited 44 since the spouse knew or had reason to know of the pregnancy; and 45 (3) the spouse never openly held out the child as their own. 46 (c) The limitation provided in this section applies to a spousal 47 relationship that has been declared invalid after assisted reproduction 48 or artificial insemination. 49 § 581-306. Effect of embryo disposition agreement between intended 50 parents which transfers legal rights and dispositional control to one 51 intended parent. (a) An embryo disposition agreement between intended 52 parents with joint dispositional control of an embryo shall be binding 53 under the following circumstances: 54 (1) it is in writing; 55 (2) each intended parent had the advice of independent legal counsel 56 prior to its execution; andA. 9847 12 1 (3) where the intended parents are married, transfer of legal rights 2 and dispositional control occurs only upon divorce. 3 (b) The intended parent who transfers legal rights and dispositional 4 control of the embryo is not a parent of any child conceived from the 5 embryo unless the agreement states that they consent to be a parent. 6 (c) If the intended parent transferring legal rights and dispositional 7 control consents to be a parent, they may withdraw their consent to be a 8 parent upon written notice to the embryo storage facility and to the 9 other intended parent prior to transfer of the embryo. If they timely 10 withdraw consent to be a parent they are not a parent for any purpose 11 including support obligations but the embryo transfer may still proceed. 12 (d) An embryo disposition agreement or advance directive that is not 13 in compliance with subdivision (a) of this section may still be found to 14 be enforceable by the court after balancing the respective interests of 15 the parties except that the intended parent who divested themself of 16 legal rights and dispositional control may not be declared to be a 17 parent for any purpose without their consent. The parent awarded legal 18 rights and dispositional control of the embryos shall, in this instance, 19 be declared to be the only parent of the child. 20 § 581-307. Effect of death of intended parent. If an individual who 21 consented in a record to be a parent by assisted reproduction dies 22 before the transfer of eggs, sperm, or embryos, the deceased individual 23 is not a parent of the resulting child unless the deceased individual 24 consented in a signed record that if assisted reproduction were to occur 25 after death, the deceased individual would be a parent of the child, 26 provided that the record complies with the estates, powers and trusts 27 law. 28 PART 4 29 SURROGACY AGREEMENT 30 Section 581-401. Surrogacy agreement authorized. 31 581-402. Eligibility to enter a surrogacy agreement. 32 581-403. Requirements of a surrogacy agreement. 33 581-404. Surrogacy agreement; effect of subsequent spousal 34 relationship. 35 581-405. Termination of a surrogacy agreement. 36 581-406. Parentage under a compliant surrogacy agreement. 37 581-407. Insufficient surrogacy agreement. 38 581-408. Absence of a surrogacy agreement. 39 581-409. Dispute as to a surrogacy agreement. 40 § 581-401. Surrogacy agreement authorized. (a) If eligible under this 41 article to enter into a surrogacy agreement, a person acting as surro- 42 gate, the spouse of the person acting as surrogate, if applicable, and 43 the intended parent or parents may enter into a surrogacy agreement 44 which will be enforceable provided the surrogacy agreement meets the 45 requirements of this article, and provided further, that enforcement of 46 a surrogacy agreement against a person acting as surrogate who objects 47 to the termination of her parental rights prior to or during proceedings 48 related to the issuance of a judgment of parentage is contrary to the 49 public policy of this state and the surrogacy agreement is void and 50 unenforceable. 51 (b) A surrogacy agreement shall not apply to the birth of a child 52 conceived by means of sexual intercourse. 53 (c) A surrogacy agreement may provide for payment of compensation 54 under part seven of this article.A. 9847 13 1 § 581-402. Eligibility to enter a surrogacy agreement. (a) A person 2 acting as surrogate shall be eligible to enter into an enforceable 3 surrogacy agreement under this article if the person acting as surrogate 4 has met the following requirements at the time the surrogacy agreement 5 is executed: 6 (1) the person acting as surrogate is at least twenty-one years of 7 age; 8 (2) the person acting as surrogate is a United States citizen or a 9 permanent lawful resident and was a resident of New York state for at 10 least twelve months at the time the person executes a surrogacy agree- 11 ment, except that an exemption shall be provided if the person acting as 12 surrogate is a family member of an intended parent and is not being 13 compensated to act as surrogate; 14 (3) the person acting as surrogate has not used their own ovum to 15 conceive the resulting child; 16 (4) the person acting as surrogate has completed medical and psycho- 17 logical evaluations with health care practitioners relating to the 18 anticipated surrogate pregnancy and has received written medical clear- 19 ance to become pregnant; 20 (5) the person acting as surrogate, and the spouse of the person 21 acting as surrogate, if applicable, have been represented throughout the 22 contractual process and the duration of the contract and its execution 23 by independent legal counsel of their own choosing which shall be paid 24 for by the intended parent or parents provided that such counsel must 25 specifically declare that they have no conflicts relating to either the 26 intended parent or parents or any intermediaries in the surrogacy 27 arrangement. A person acting as surrogate who is receiving no compen- 28 sation may waive the right to have the intended parent or parents pay 29 the fee for such legal counsel. Where the intended parent or parents are 30 paying for the independent legal counsel of the person acting as surro- 31 gate, and the spouse of the person acting as surrogate, if applicable, a 32 separate retainer agreement shall be prepared clearly stating that such 33 legal counsel will only represent the person acting as surrogate and the 34 spouse of the person acting as surrogate, if applicable, in all matters 35 pertaining to the surrogacy agreement, that such legal counsel will not 36 offer legal advice to any other parties to the surrogacy agreement, and 37 that the attorney-client relationship lies with the person acting as 38 surrogate and the spouse of the person acting as surrogate, if applica- 39 ble; 40 (6) the person acting as surrogate must have previously delivered at 41 least one healthy live birth from an uncomplicated pregnancy not pursu- 42 ant to a surrogacy, including a genetic surrogacy agreement; 43 (7) the person acting as surrogate must not have delivered more than 44 three prior children, whether or not acting as a surrogate; 45 (8) the person acting as surrogate must be free of any medical or 46 psychological preexisting conditions that would qualify them as being 47 high-risk to become pregnant; 48 (9) the person acting as surrogate must not be over age thirty-five at 49 the time of conception; and 50 (10) the person acting as surrogate must not have acted as surrogate 51 more than three times prior to executing the surrogacy agreement. 52 (b) The intended parent or parents shall be eligible to enter into an 53 enforceable surrogacy agreement under this article if they have met the 54 following requirements at the time the surrogacy agreement was executed:A. 9847 14 1 (1) each intended parent is a United States citizen or a permanent 2 lawful resident and was a resident of New York state for at least twelve 3 months at the time they execute a surrogacy contract; 4 (2) the intended parent or parents has been represented throughout the 5 contractual process and the duration of the contract and its execution 6 by independent legal counsel of their own choosing; 7 (3) they are an adult person who is not in a spousal relationship, or 8 adult spouses together, or any two adults who are intimate partners 9 together, except an adult in a spousal relationship is eligible to enter 10 into an enforceable surrogacy agreement without their spouse if: 11 (i) they are living separate and apart pursuant to a decree or judg- 12 ment of separation or pursuant to a written agreement of separation 13 subscribed by the parties thereto and acknowledged or proved in the form 14 required to entitle a deed to be recorded; or 15 (ii) they have been living separate and apart for at least three years 16 prior to execution of the surrogacy agreement; 17 (4) where the spouse of an intended parent is not a required party to 18 the agreement, the spouse is not an intended parent and shall not have 19 rights or obligations to the child; 20 (5) at least one intended parent must have used their gametes to 21 create the embryo that will be transferred to the person acting as 22 surrogate, unless the intended parent or parents are unable to use their 23 gametes for medical reasons; 24 (6) the intended parent or parents must have had medical and psycho- 25 logical evaluations; and 26 (7) the intended parent or parents must have had background checks and 27 a home study completed. 28 § 581-403. Requirements of a surrogacy agreement. (a) A surrogacy 29 agreement shall be deemed to have satisfied the requirements of this 30 article and be enforceable except as provided in section 581-401 of this 31 part if it meets the following requirements: 32 (1) It shall be in a signed record verified by: 33 (i) each intended parent, and 34 (ii) the person acting as surrogate, and the spouse of the person 35 acting as surrogate, if any, unless: 36 (A) the person acting as surrogate and the spouse of the person acting 37 as surrogate are living separate and apart pursuant to a decree or judg- 38 ment of separation or pursuant to a written agreement of separation 39 subscribed by the parties thereto and acknowledged or proved in the form 40 required to entitle a deed to be recorded; or 41 (B) have been living separate and apart for at least three years prior 42 to execution of the surrogacy agreement. 43 (2) It shall include the following information: 44 (i) the date, city, and state where the surrogacy agreement was 45 executed; 46 (ii) the first and last names of and contact information for the 47 intended parent or parents and of the person acting as surrogate; 48 (iii) the first and last names of and contact information for the 49 persons from which the gametes originated. If third-party gamete 50 provision was used, the first and last name of and contact information 51 for each gamete provider, if known, or the gamete provider identifica- 52 tion number, if anonymous. The agreement shall specify whether the 53 third-party gametes provided were eggs, sperm, or embryos; 54 (iv) the name of and contact information for the licensed and regis- 55 tered surrogacy program handling the surrogacy agreement; andA. 9847 15 1 (v) the name of and contact information for the attorney representing 2 the person acting as surrogate, and the spouse of the person acting as 3 surrogate, if applicable, and the attorney representing the intended 4 parent or parents. 5 (3) It shall be executed after the following have been completed, but 6 prior to the person acting as surrogate taking any medication or the 7 commencement of medical procedures in furtherance of embryo transfer: 8 the medical and psychological screenings of the person acting as surro- 9 gate, the medical and psychological screenings, background checks, and 10 home study of the intended parent or parents, the informed consent proc- 11 ess for the person acting as surrogate, the intended parent or parents, 12 and any gamete providers, and the legal counseling of all parties. 13 (4) It shall be executed by a person acting as surrogate meeting the 14 eligibility requirements of subdivision (a) of section 581-402 of this 15 part and by the spouse of the person acting as surrogate, if applicable, 16 unless the signature of the spouse of the person acting as surrogate is 17 not required as set forth in this section. 18 (5) It shall be executed by an intended parent or parents who met the 19 eligibility requirements of subdivision (b) of section 581-402 of this 20 part. 21 (6) The person acting as surrogate and the spouse of the person acting 22 as surrogate, if applicable, and the intended parent or parents shall 23 have been represented throughout the contractual process and the dura- 24 tion of the contract and its execution by separate, independent legal 25 counsel of their own choosing. 26 (7) The person acting as surrogate has or the surrogacy agreement 27 stipulates that the person acting as surrogate will obtain a health 28 insurance policy that takes effect prior to taking any medication or 29 commencing treatment to further embryo transfer that covers precon- 30 ception care, pre-natal care, major medical treatments, hospitalization, 31 and behavioral health care, and the health insurance policy has a term 32 that extends throughout the duration of the expected pregnancy and for 33 twelve months after the birth of the child, a stillbirth, a miscarriage 34 resulting in termination of pregnancy, or termination of the pregnancy; 35 the policy shall be paid for, whether directly or through reimbursement 36 or other means, by the intended parent or parents on behalf of the 37 person acting as surrogate pursuant to the surrogacy agreement, except 38 that a person acting as surrogate who is receiving no compensation may 39 waive the right to have the intended parent or parents pay for the 40 health insurance policy. The intended parent or parents shall also pay 41 for or reimburse the person acting as surrogate for all co-payments, 42 deductibles and any other out-of-pocket medical costs associated with 43 preconception, pregnancy, child birth, or post-natal care, that accrue 44 through twelve months after the birth of the child, a stillbirth, a 45 miscarriage, or termination of the pregnancy. A person acting as surro- 46 gate who is receiving no compensation may waive the right to have the 47 intended parent or parents make such payments or reimbursements. 48 (8) The surrogacy agreement shall provide that the person acting as 49 surrogate will obtain a short- and long-term disability insurance policy 50 that takes effect prior to taking any medication or commencing medical 51 procedures to further embryo transfer that covers disability related to 52 the birth of the child, a stillbirth, a miscarriage resulting in termi- 53 nation of pregnancy, or termination of the pregnancy, and the disability 54 insurance policy has a term that extends throughout the duration of the 55 expected pregnancy and for twelve months after the birth of the child, a 56 stillbirth, a miscarriage resulting in termination of pregnancy, orA. 9847 16 1 termination of the pregnancy; the policy shall be paid for, whether 2 directly or through reimbursement or other means, by the intended parent 3 or parents on behalf of the person acting as surrogate pursuant to the 4 surrogacy agreement, except that a person acting as surrogate who is 5 receiving no compensation may waive the right to have the intended 6 parent or parents pay for the disability insurance policy. 7 (9) The surrogacy agreement must provide that the intended parent or 8 parents shall procure and pay for a life insurance policy for the person 9 acting as surrogate that takes effect prior to taking any medication or 10 the commencement of medical procedures to further embryo transfer, 11 provides a minimum benefit of seven hundred fifty thousand dollars, and 12 has a term that extends throughout the duration of the expected pregnan- 13 cy and for twelve months after the birth of the child, a stillbirth, a 14 miscarriage resulting in termination of pregnancy, or termination of the 15 pregnancy, with a beneficiary or beneficiaries of their choosing. The 16 policy shall be paid for, whether directly or through reimbursement or 17 other means, by the intended parent or parents on behalf of the person 18 acting as surrogate pursuant to the surrogacy agreement, except that a 19 person acting as surrogate who is receiving no compensation may waive 20 the right to have the intended parent or parents pay for the life insur- 21 ance policy. 22 (10) The surrogacy agreement must include information disclosing how 23 the intended parent or parents will cover the medical expenses of the 24 person acting as surrogate and any child born pursuant to the surrogacy 25 agreement. The disclosure shall include a review of the health care 26 policy provisions related to coverage for the person acting as surro- 27 gate's pregnancy, including any possible liability of the person acting 28 as surrogate's third-party liability liens or other insurance coverage, 29 and any notice requirements that could affect coverage or liability of 30 the person acting as surrogate. 31 (11) If the surrogacy agreement provides for the payment of compen- 32 sation to the person acting as surrogate, those funds shall have been 33 placed in escrow with an independent escrow agent prior to the person 34 acting as surrogate taking any medication or the commencement of medical 35 procedures to further embryo transfer other than medical and psycholog- 36 ical evaluations necessary to determine the person acting as surrogate's 37 eligibility. Funds to cover the person acting as surrogate's medical 38 expenses, including out-of-pocket medical expenses, shall also have been 39 placed in escrow. 40 (12) The surrogacy agreement and all required documentation shall be 41 certified to have been completed and in order by the surrogacy program 42 handling the surrogacy agreement. 43 (b) The surrogacy agreement must comply with the following terms: 44 (1) As to the person acting as surrogate and the spouse of the person 45 acting as surrogate, if applicable: 46 (i) the person acting as surrogate agrees to undergo embryo transfer 47 and attempt to carry and give birth to the child subject to their right 48 to terminate the pregnancy; 49 (ii) the person acting as surrogate and the spouse of the person 50 acting as surrogate, if applicable, agree that all resulting children 51 will go home with the intended parent or parents from the hospital once 52 medical clearance is provided unless the person acting as surrogate 53 decides otherwise; 54 (iii) the person acting as surrogate agrees to file with the court a 55 notarized written declaration no sooner than eight days following the 56 birth of any resulting children stating they are voluntarily consentingA. 9847 17 1 to disclaim and renounce their parental rights under the terms of the 2 surrogacy agreement; 3 (iv) the surrogacy agreement must permit the person acting as surro- 4 gate to exercise sole discretion over decisions regarding their behav- 5 ior, other than behaviors that would harm their health, and to make all 6 health and welfare decisions regarding themselves, their pregnancy, and 7 child birth, including but not limited to, whether to consent to a medi- 8 cally-indicated or non-medically indicated cesarean section, whether to 9 terminate or continue the pregnancy, and whether to reduce or retain the 10 number of fetuses or embryos they are carrying and notwithstanding any 11 other provisions in this chapter, provisions in the agreement to the 12 contrary are void and unenforceable. This article does not diminish the 13 right of the person acting as surrogate to terminate a pregnancy. This 14 article does not diminish the responsibility of health care providers to 15 ensure adherence to standards of medical practice; 16 (v) the surrogacy agreement must permit the person acting as surrogate 17 to utilize the services of a health care practitioner including a mental 18 health care professional of such person's choosing; and 19 (vi) the person acting as surrogate has the right to obtain psycholog- 20 ical counseling by a counselor of their choice to address issues result- 21 ing from the person's participation in the surrogacy agreement. The cost 22 of that counseling shall be paid by the intended parent or parents. 23 (2) As to the intended parent or parents: 24 (i) the intended parent or parents agree to accept interim parental 25 responsibility for any resulting children immediately upon birth, 26 regardless of number, gender, or mental or physical condition; 27 (ii) the intended parent or parents agree to assume responsibility for 28 the support of all resulting children immediately upon birth; 29 (iii) the surrogacy agreement shall provide that the rights and obli- 30 gations of the intended parent or parents under the surrogacy agreement 31 are not assignable; 32 (iv) the intended parent or parents agree to execute a will, prior to 33 the embryo transfer, designating a guardian for all resulting children 34 who is authorized to perform the intended parent's or parents' obli- 35 gations pursuant to the surrogacy agreement; and 36 (v) the intended parent or parents must enter into contracts with a 37 surrogacy program, a third-party gamete provision service provider, if 38 applicable, and an assisted reproduction service provider, if applica- 39 ble, that are licensed by the department of health, with the exception 40 of surrogacy agreement coordinators, and registered with the office of 41 the assisted reproduction registrar. 42 § 581-404. Surrogacy agreement; effect of subsequent spousal relation- 43 ship. (a) After the execution of a surrogacy agreement under this arti- 44 cle, the subsequent spousal relationship of the person acting as surro- 45 gate does not affect the validity of a surrogacy agreement, the consent 46 of the spouse of the person acting as surrogate to the agreement shall 47 not be required, and the spouse of the person acting as surrogate shall 48 not be the presumed parent of any resulting children. 49 (b) The subsequent separation or divorce of the intended parents does 50 not affect the rights, duties and responsibilities of the intended 51 parents as outlined in the surrogacy agreement. 52 § 581-405. Termination of a surrogacy agreement. A person acting as 53 surrogate has the right to terminate a surrogacy agreement at any time 54 throughout the duration of the pregnancy. If a person acting as surro- 55 gate terminates a surrogacy agreement, any compensation already 56 received, other than payment or reimbursement of medical, legal, andA. 9847 18 1 pregnancy-related expenses, must be returned to the intended parent or 2 parents. 3 § 581-406. Parentage under a compliant surrogacy agreement. Upon the 4 birth of a child conceived by assisted reproduction under a surrogacy 5 agreement that complies with this part, the biologically-related 6 intended parent or parents, or, if none, the intended parent designated 7 as interim decision-maker or both intended parents working together, and 8 the person acting as surrogate assume interim parental responsibility 9 for the child born and share decision making, except that the intended 10 parent or parents will assume full financial responsibility, until the 11 person acting as surrogate under the terms of a surrogacy agreement has 12 submitted a written declaration to the court no sooner than eight days 13 following the birth of any children stating that they are voluntarily 14 consenting to disclaim and renounce their parental rights, and a judg- 15 ment of parentage in favor of the intended parent or parents has been 16 issued under the terms of a surrogacy agreement, at which time each 17 intended parent is, by operation of law, a parent of the child and 18 neither the person acting as surrogate nor the person's spouse, if any, 19 is a parent of the child. 20 § 581-407. Insufficient surrogacy agreement. If a surrogacy agreement 21 is defective in material and non-technical ways, the court shall enforce 22 only such provisions as justice requires, except that unless the person 23 acting as surrogate has disclaimed and renounced parental rights and 24 obligations no sooner than eight days after the birth of the child, the 25 court shall not terminate their parental status, rights or obligations. 26 § 581-408. Absence of a surrogacy agreement. In the absence of a 27 surrogacy agreement, the person who gives birth to a child is the parent 28 of that child, and assumes the rights and obligations of a parent and 29 any intended parent who has contributed genetic material shall also be a 30 parent of the child, and assume the rights and responsibilities of a 31 parent, and the court shall determine child support and establish a 32 parenting schedule according to the best interests of the child and such 33 other laws of this state as are applicable. If neither intended parent 34 has contributed genetic material, the person acting as surrogate shall 35 be the sole parent and can retain their parental status and obligations 36 or surrender the child for adoption by an intended parent or both of 37 them provided they meet the requirements of law or if they decline to 38 adopt, then to others in accordance with law. 39 § 581-409. Dispute as to a surrogacy agreement. (a) Any dispute which 40 is related to a surrogacy agreement shall be resolved by the supreme 41 court, which shall determine the respective rights and obligations of 42 the parties according to the requirements of this article, the valid 43 terms of the agreement, and such other laws as may be applicable. 44 (b) Except as expressly provided in the surrogacy agreement, the 45 intended parent or parents and the person acting as surrogate shall be 46 entitled to all remedies available at law or equity in any dispute 47 related to the surrogacy agreement. 48 (c) There shall be no specific performance remedy available for a 49 breach by the person acting as surrogate of any surrogacy agreement 50 term. 51 PART 5 52 THIRD-PARTY GAMETE PROVISION AGREEMENT 53 Section 581-501. Third-party gamete provision agreement authorized.A. 9847 19 1 581-502. Eligibility to enter a third-party gamete provision 2 agreement. 3 581-503. Requirements of a third-party gamete provision agree- 4 ment. 5 581-504. Third-party gamete provision agreement; effect of 6 subsequent spousal relationship. 7 581-505. Termination of a third-party gamete provision agree- 8 ment. 9 581-506. Parentage under a compliant third-party gamete 10 provision agreement. 11 581-507. Dispute as to a third-party gamete provision agreement. 12 § 581-501. Third-party gamete provision agreement authorized. If 13 eligible, a gamete provider and an intended parent or parents, or a 14 gamete provider and an agent, gamete bank, fertility clinic or other 15 entity may enter into a third-party gamete provision agreement which 16 will be enforceable if the third-party gamete provision agreement meets 17 the requirements of this article. 18 § 581-502. Eligibility to enter a third-party gamete provision agree- 19 ment. (a) An intended parent or parents shall be eligible to enter into 20 an enforceable third-party gamete provision agreement under this article 21 if the intended parent or parents have met the following requirements at 22 the time the third-party gamete provision agreement is executed: 23 (1) if the intended parent or parents are entering into a third-party 24 gamete provision agreement with an agent, gamete bank, fertility clinic 25 or other entity, the entity must be licensed by the department of health 26 and registered with the office of the assisted reproduction registrar; 27 (2) if the intended parent or parents are entering into a third-party 28 gamete provision agreement with a gamete provider, the broker agent, 29 gamete bank, fertility clinic or other entity must be licensed with the 30 department of health and registered with the office of the assisted 31 reproduction registrar; and 32 (3) if the intended parent or parents are entering into a third-party 33 gamete provision agreement with a gamete provider, agent, gamete bank, 34 fertility clinic or other entity, and they are also entering into a 35 surrogacy, including genetic surrogacy, agreement, each intended parent 36 must be a United States citizen or permanent lawful resident and was a 37 resident of New York state for at least twelve months at the time each 38 intended parent executes the surrogacy, including genetic surrogacy, 39 agreement. 40 (b) A gamete provider shall be eligible to enter into an enforceable 41 third-party gamete provision agreement under this article if the gamete 42 provider has met the following requirements at the time the third-party 43 gamete provision agreement is executed: 44 (1) An egg provider must be at least twenty-one years of age, and no 45 more than thirty-five years of age, unless the agent, gamete bank, 46 fertility clinic, or other entity requires a maximum age that is less 47 than thirty-five. A sperm provider must be at least twenty-one years of 48 age, and no more than thirty-five years of age, unless the agent, gamete 49 bank, fertility clinic, or other entity requires a maximum age that is 50 less than thirty-nine years of age; and 51 (2) An egg provider may not have entered into and fulfilled more than 52 a total of four third-party gamete provision agreements prior to enter- 53 ing a new third-party gamete provision agreement; and 54 (3) A gamete provider may not enter into a new third-party gamete 55 provision agreement if ten children have already been conceived byA. 9847 20 1 assisted reproduction with the gamete provider's gametes and born, 2 whether or not through surrogacy, including genetic surrogacy; and 3 (4) If the gamete provider is entering into a third-party gamete 4 provision agreement with an intended parent or parents, the broker 5 agent, gamete bank, fertility clinic, or other entity must be licensed 6 by the department of health and registered with the office of the 7 assisted reproduction registrar; and 8 (5) If the gamete provider is entering into a third-party gamete 9 provision agreement with an agent, gamete bank, fertility clinic, or 10 other entity, the entity must be licensed with the department of health 11 and licensed with the office of the assisted reproduction registrar; and 12 (6) A gamete provider must have completed medical and psychological 13 evaluations relating to third-party gamete provision and have received 14 written medical clearance to provide gametes; and 15 (7) An egg provider may not have a history of health or genetic condi- 16 tions that would put them at risk of experiencing health complications 17 resulting from ovarian stimulation and/or egg retrieval, or that would 18 put any children conceived by assisted reproduction with their eggs, or 19 embryos created from their eggs, at risk of contracting any health 20 conditions as a result. A sperm provider may not have a history of 21 health or genetic conditions that would put any children conceived by 22 assisted reproduction with their sperm, or embryos created from their 23 sperm, at risk of contracting any health conditions as a result. 24 § 581-503. Requirements of a third-party gamete provision agreement. 25 (a) A third-party gamete provision agreement shall be deemed to have 26 satisfied the requirements of this article and be enforceable if it 27 meets the following requirements: 28 (1) It shall be in a signed record verified by: 29 (i) each intended parent, if applicable, or the agent, gamete bank, 30 fertility clinic or other entity; and 31 (ii) the gamete provider. 32 (2) It shall include the following information: 33 (i) the date, city, and state where the third-party gamete provision 34 agreement was executed; 35 (ii) first and last names of and contact information for the intended 36 parent or parents, if applicable, and the name of and contact informa- 37 tion for the agent, gamete bank, fertility clinic or other entity; 38 (iii) the first and last name of the gamete provider, if known, or the 39 gamete provider identification number, if anonymous; and 40 (iv) a statement specifying whether the gametes provided were eggs, 41 sperm or embryos. 42 (3) It shall be executed after the following have been completed, but 43 prior to the egg provider taking any medication or the commencement of 44 medical procedures in furtherance of ovarian stimulation and egg 45 retrieval: (i) the required medical and psychological screenings of the 46 gamete provider; (ii) the psychological screenings of the intended 47 parent or parents; (iii) the informed consent process for the gamete 48 provider; and (iv) the informed consent process for the intended parent 49 or parents, if applicable. 50 (4) It shall be executed by a gamete provider who met the eligibility 51 requirements of subdivision (b) of section 581-502 of this part. 52 (5) It shall be executed by an intended parent or parents who met the 53 eligibility requirements of subdivision (a) of section 581-502 of this 54 part. 55 (6) The third-party gamete provision agreement stipulates that the egg 56 provider will obtain a health insurance policy that covers major medicalA. 9847 21 1 treatment, hospitalization, and behavioral health care for a term that 2 takes effect prior to the egg provider taking any medication and or the 3 commencement of medical procedures in furtherance of ovarian stimulation 4 and egg retrieval, and that extends for six months after egg retrieval 5 is completed, or for twelve months if health complications occur; the 6 policy shall be paid for by the agent, gamete bank, fertility clinic, or 7 other entity, or by the intended parent or parents, which shall also pay 8 for or reimburse the egg provider for all co-payments, deductibles and 9 any other out-of-pocket medical costs associated with third-party gamete 10 provision, or medical or psychological complications pursuant to the 11 third-party gamete provision agreement. 12 (7) The third-party gamete provision agreement shall provide for the 13 right of the gamete provider to obtain psychological counseling by a 14 mental health practitioner of their choice to address issues resulting 15 from the gamete provider's participation in the third-party gamete 16 provision agreement. The cost of psychological counseling shall be paid 17 by the intended parent or parents, or by the agent, gamete bank, fertil- 18 ity clinic, or other entity. 19 (8) The third-party gamete provision agreement and all required 20 documentation shall be certified to have been completed and in order by 21 the agent, gamete bank, fertility clinic or other entity. 22 (9) The third-party gamete provision agreement may not include more 23 than one cycle of egg retrieval, and may not require the egg provider to 24 sign another third-party gamete provision agreement immediately upon 25 fulfillment of the agreement at hand. 26 (10) The third-party gamete provision agreement must indicate that the 27 egg or sperm provider has declared that their eggs or sperm, or embryos 28 created their eggs or sperm, may be used for research, or that their 29 eggs or sperm, or embryos created from their eggs or sperm, may not be 30 used for research at any time. 31 (11) The third-party gamete provision agreement must indicate that the 32 egg provider has declared that their eggs, or embryos created from their 33 eggs, may be distributed to multiple intended parents, or that their 34 eggs, or embryos created from their eggs, may only be distributed to and 35 used by one intended parent, unless two intended parents are involved, 36 using assisted reproduction and third-party gamete provision, and surro- 37 gacy, if applicable to have a child. 38 (12) The third-party gamete provision agreement shall indicate that 39 the gamete provider has declared they agree to disclose their identity 40 to a child conceived by assisted reproduction with the gamete provider's 41 gametes, on request, once the child attains eighteen years of age, or 42 that the gamete provider does not agree presently to disclose the gamete 43 provider's identity to the child. 44 (b) The third-party gamete provision agreement must comply with the 45 following terms: 46 (1) the egg provider agrees to undergo ovarian stimulation and egg 47 retrieval subject to their right to terminate the agreement; 48 (2) the sperm provider agrees to provide sperm as spelled out in the 49 third-party gamete provision agreement subject to their right to termi- 50 nate the agreement; and 51 (3) the gamete provider agrees to relinquish parental and proprietary 52 interest in gametes provided under the third-party gamete provision 53 agreement or pursuant to section twenty-five hundred ninety-nine-ii of 54 the public health law. 55 § 581-504. Third-party gamete provision agreement; effect of subse- 56 quent spousal relationship. After the execution of a third-party gameteA. 9847 22 1 provision agreement under this article, the subsequent separation or 2 divorce of the intended parents does not affect the rights, duties and 3 responsibilities of the intended parents as outlined in the third-party 4 gamete provision agreement. 5 § 581-505. Termination of a third-party gamete provision agreement. 6 (a) An egg provider has the right to terminate a third-party gamete 7 provision agreement at any time prior to egg retrieval without penalty. 8 If the agreement is terminated prior to egg retrieval, the egg provider 9 is required to return any financial compensation received to date. 10 (b) A sperm provider has the right to terminate a third-party gamete 11 provision agreement at any time prior to the fulfillment of the agree- 12 ment without penalty. If the agreement is terminated prior to it being 13 fulfilled, the sperm provider is required to return any financial 14 compensation received in advance. 15 (c) An intended parent or parents may terminate a third-party gamete 16 provision agreement at any time without penalty. 17 § 581-506. Parentage under a compliant third-party gamete provision 18 agreement. Upon the birth of a child conceived by assisted reproduction 19 under a third-party gamete provision agreement that complies with this 20 part, each intended parent is, by operation of law, a parent of the 21 child and the gamete provider or providers is not a parent of the child. 22 § 581-507. Dispute as to a third-party gamete provision agreement. 23 (a) Any dispute which is related to a third-party gamete provision 24 agreement shall be resolved by the supreme court of the state of New 25 York, which shall determine the respective rights and obligations of the 26 parties. 27 (b) Except as expressly provided in the third-party gamete provision 28 agreement, the intended parent or parents and the third-party gamete 29 provider shall be entitled to all remedies available at law or equity in 30 any dispute related to the gamete provision agreement. 31 (c) There shall be no specific performance remedy available for a 32 breach by the gamete provider of any third-party gamete provision agree- 33 ment term. 34 PART 6 35 INFORMED CONSENT 36 Section 581-601. Informed consent. 37 581-602. Informed consent procedures for gamete providers. 38 581-603. Informed consent procedures for persons acting as 39 surrogates. 40 581-604. Informed consent procedures for intended parents. 41 § 581-601. Informed consent. Informed consent procedures are estab- 42 lished, and shall be updated, to reflect research findings and current 43 evidence-based best practices, to ensure that gamete providers, persons 44 acting as surrogates, and intended parents are fully informed and able 45 to voluntarily consent to agreement provisions. 46 § 581-602. Informed consent procedures for gamete providers. The 47 following procedures shall be completed and documented, following best 48 practices for informed consent procedure to ensure that gamete providers 49 understand the material and voluntarily sign consent forms without being 50 coerced or incentivized, prior to executing a third-party gamete 51 provision agreement. 52 (a) A gamete provider shall have been given a copy of the gamete 53 providers' bill of rights.A. 9847 23 1 (b) A gamete provider shall have completed a medical evaluation with a 2 health care practitioner and have received written medical clearance to 3 proceed with ovarian stimulation and egg retrieval. 4 (c) A gamete provider shall have received written clearance to provide 5 gametes after completing psychological screening and counseling regard- 6 ing issues related to third-party gamete provision, including, but not 7 limited to: 8 (1) potential psychological and emotional impacts on the gamete 9 provider and any children conceived by assisted reproduction using their 10 gametes; and 11 (2) considerations and evidence-based best practices for talking with 12 current or future partners or spouses and their children about third- 13 party gamete provision. 14 (d) An egg provider shall be informed of the potential short- and 15 long-term health risks involved with third-party egg provision that are 16 currently known to, or being investigated by, the medical community, and 17 that all of the possible short- and long-term health risks are not known 18 due to a lack of tracking and research. 19 (e) A gamete provider must be informed of the possibility that their 20 gametes, or embryos created from their gametes, could be used for 21 research and must be asked to declare in writing that they will or will 22 not allow their gametes, or embryos created from their gametes, to be 23 used for research at any time. 24 (f) An egg provider must be informed of the possibility that their 25 eggs, or embryos created from their eggs, could be distributed to multi- 26 ple intended parents using assisted reproduction to conceive, and surro- 27 gacy, if applicable, to have a child, and must be asked to declare in 28 writing that they will or will not allow their eggs, or embryos created 29 from their eggs, to be distributed to more than one intended parent, or 30 parents when there are two intended parents. 31 (g) A gamete provider must be counseled about their options regarding 32 identity disclosure and the right of any children conceived by assisted 33 reproduction with their gametes to receive their medical information, 34 and their identifying information if the gamete provider has consented 35 to the disclosure of such information. A gamete provider shall be 36 informed that even if the gamete provider chooses to remain anonymous to 37 any children conceived by assisted reproduction with their gametes, 38 there is no guarantee that they will remain anonymous due to DNA test- 39 ing, the possibility of data breaches, and unforeseen medical, scientif- 40 ic and technological developments. Gamete providers must sign a declara- 41 tion regarding identity disclosure. 42 (h) A gamete provider shall be provided information about the New York 43 state assisted reproduction registry, including, but not limited to: 44 (1) the purpose of the registry; 45 (2) personal and clinical data that is collected and how it is used; 46 (3) the benefits of registering, how the gamete provider's personal 47 information is secured and kept confidential, and how to register or opt 48 out of registering; and 49 (4) how to request registry data. 50 § 581-603. Informed consent procedures for persons acting as surro- 51 gates. The following procedures must be completed and documented, 52 following best practices for informed consent procedure to ensure that 53 persons acting as surrogates understand the material and voluntarily 54 sign consent forms without being coerced or incentivized, prior to 55 executing a surrogacy, including genetic surrogacy, agreement.A. 9847 24 1 (a) A person acting as surrogate must have been given a copy of the 2 surrogates' bill of rights. 3 (b) A person acting as surrogate has completed a medical evaluation 4 with a health care practitioner relating to the anticipated surrogate 5 pregnancy and has received written medical clearance to become pregnant. 6 (c) A person acting as surrogate has received written clearance to act 7 as surrogate after completing psychological screening and counseling 8 regarding issues related to acting as surrogate, including, but not 9 limited to: 10 (1) potential psychological and emotional impacts on the person acting 11 as surrogate, the person's spouse or partner, and current children, as 12 applicable; and 13 (2) evidence-based best practices for how to talk to current children 14 and other family members about surrogacy. 15 (d) A person acting as surrogate must be informed of the potential 16 short- and long-term health risks to themselves and to any children 17 conceived by assisted reproduction, with third-party gametes if applica- 18 ble, and born through surrogacy, associated with surrogate pregnancy and 19 delivery currently known to, or being investigated by, the medical 20 community, and that all of the health risks are not known due to a lack 21 of tracking and research. 22 (e) A person acting as surrogate shall be provided information about 23 the New York state assisted reproduction registry, including, but not 24 limited to: 25 (1) the purpose of the registry; 26 (2) personal and clinical data that is collected and how it is used; 27 (3) the benefits of registering, how one's personal information is 28 secured and kept confidential, and how to register or opt out of regis- 29 tering; and 30 (4) how to request registry data. 31 § 581-604. Informed consent procedures for intended parents. The 32 following procedures must be completed and documented, following best 33 practices for informed consent procedure to ensure that intended parents 34 understand the material and voluntarily sign consent forms without being 35 coerced or incentivized, prior to receiving assisted reproduction 36 services, before executing a third-party gamete provision agreement, 37 and/or before executing a surrogacy, including genetic surrogacy, agree- 38 ment: 39 (a) Each intended parent must have been given a copy of the gamete 40 providers' bill of rights and/or the surrogates' bill of rights, as 41 applicable. 42 (b) Prior to executing a surrogacy, including genetic surrogacy, 43 agreement, each intended parent has completed a medical evaluation with 44 a health care practitioner. 45 (c) Each intended parent has completed psychological screening and 46 counseling regarding issues related to having children conceived by 47 assisted reproduction, with third-party gametes if applicable, and 48 surrogacy, including genetic surrogacy, if applicable, including, but 49 not limited to: 50 (1) potential psychological and emotional impacts on the intended 51 parent or parents, any children born, and any current children, if 52 applicable; and 53 (2) considerations and evidence-based best practices for talking with 54 any children born and current children, as applicable, about third-party 55 gamete provision and surrogacy, including genetic surrogacy, as applica- 56 ble.A. 9847 25 1 (d) Each intended parent must be informed of the following short- and 2 long-term health risks currently known to, or being investigated by, the 3 medical community, and that all of the health risks are not known due to 4 a lack of tracking and research, as applicable: 5 (1) pregnancy and delivery health risks to the intended parent who 6 receives assisted reproduction services with third-party gamete 7 provision, if applicable, to become pregnant, and health risks to any 8 children conceived by assisted reproduction, with third-party gametes, 9 if applicable; and 10 (2) pregnancy and delivery health risks to the person acting as surro- 11 gate if surrogacy, including genetic surrogacy, is used, and health 12 risks to any children conceived by assisted reproduction, with third- 13 party gametes if applicable, and born through surrogacy, including 14 genetic surrogacy. 15 (e) Each intended parent must be provided information about the New 16 York State Assisted Reproduction Registry, including, but not limited 17 to: 18 (1) the purpose of the registry; 19 (2) personal and clinical data that is collected and how it is used; 20 (3) the benefits of registering, how one's personal information is 21 secured and kept confidential, and how to register or opt out of regis- 22 tering; and 23 (4) how to request registry data. 24 PART 7 25 PAYMENT TO GAMETE PROVIDERS AND PERSONS ACTING AS SURROGATES 26 Section 581-701. Reimbursement. 27 581-702. Compensation. 28 § 581-701. Reimbursement. (a) A gamete provider who has entered into 29 a valid third-party gamete provision agreement to be a gamete provider 30 may receive reimbursement from an intended parent or parents for econom- 31 ic losses incurred in connection with the third-party gamete provision 32 which result from the retrieval or storage of gametes or embryos. 33 (b) Premiums paid for insurance against economic losses directly 34 resulting from the retrieval or storage of gametes or embryos for third- 35 party gamete provision shall be reimbursed. 36 § 581-702. Compensation. (a) Compensation may be paid to a gamete 37 provider or person acting as surrogate who is a party to a surrogacy or 38 genetic surrogacy agreement based on medical risks, physical discomfort, 39 inconvenience and the responsibilities they are undertaking in 40 connection with their participation in the assisted reproduction. Under 41 no circumstances may compensation be paid to purchase gametes or embryos 42 or for the relinquishment of a parental interest in a child. 43 (b) The compensation, if any, paid to a gamete provider or person 44 acting as surrogate must be reasonable and negotiated in good faith 45 between the parties. The negotiated amount of compensation paid to 46 persons acting as surrogates shall be effected on a payment schedule 47 agreed to by the person acting as surrogate and the intended parent or 48 parents, provided that the first payment is made when the person acting 49 as surrogate commences taking medication to further embryo transfer, and 50 the last payment is made between six and eight weeks after the birth of 51 any resulting children. 52 (c) Compensation may not be conditioned upon the purported quality or 53 genome-related traits of the gametes or embryos.A. 9847 26 1 (d) Compensation may not be conditioned on actual genotypic or pheno- 2 typic characteristics of the gamete provider or of any resulting chil- 3 dren. 4 PART 8 5 SURROGATES' BILL OF RIGHTS 6 Section 581-801. Applicability. 7 581-802. Health and welfare decisions. 8 581-803. Independent legal counsel. 9 581-804. Health insurance and medical costs. 10 581-805. Counseling. 11 581-806. Life insurance. 12 581-807. Termination of surrogacy agreement. 13 § 581-801. Applicability. The rights enumerated in this part shall 14 apply to any person acting as surrogate in this state, notwithstanding 15 any surrogacy, including genetic surrogacy, agreement, judgment of 16 parentage, memorandum of understanding, verbal agreement or contract to 17 the contrary. Except as otherwise provided by law, any written or 18 verbal agreement purporting to waive or limit any of the rights in this 19 part is void as against public policy. The rights enumerated in this 20 part are not exclusive, and are in addition to any other rights provided 21 by law, regulation, or a surrogacy, including genetic surrogacy, agree- 22 ment that meets the requirements of this article. 23 § 581-802. Health and welfare decisions. A person acting as surrogate 24 has the right to exercise sole discretion over decisions regarding their 25 behavior, other than behaviors that would harm their health, and to make 26 all health and welfare decisions regarding themself and their pregnancy, 27 including but not limited to whether to consent to a medically indicated 28 or non-medically indicated cesarean section, to utilize the services of 29 a health care practitioner of their choosing, whether to terminate or 30 continue the pregnancy, and whether to reduce or retain the number of 31 fetuses or embryos they are carrying. 32 § 581-803. Independent legal counsel. A person acting as surrogate has 33 the right to be represented throughout the contractual process and the 34 duration of the surrogacy, including genetic surrogacy, agreement and 35 its execution by independent legal counsel of their own choosing, to be 36 paid for by the intended parent or parents. 37 § 581-804. Health insurance and medical costs. A person acting as 38 surrogate has the right to have a health insurance policy that covers 39 preconception care, pre-natal care, major medical treatments, hospitali- 40 zation and behavioral health care for a term that extends throughout the 41 duration of the expected pregnancy and for twelve months after the birth 42 of the child, a stillbirth, a miscarriage resulting in termination of 43 pregnancy, or termination of the pregnancy, to be paid for by the 44 intended parent or parents. The intended parent or parents shall also 45 pay for or reimburse the person acting as surrogate for all co-payments, 46 deductibles and any other out-of-pocket medical costs associated with 47 pregnancy, child birth, or post-natal care that accrue through twelve 48 months after the birth of the child, a stillbirth, a miscarriage, or the 49 termination of the pregnancy. 50 § 581-805. Counseling. A person acting as surrogate has the right to 51 obtain a health insurance policy that covers behavioral health care and 52 will cover the cost of psychological counseling to address issues 53 resulting from their participation in a surrogacy, including a geneticA. 9847 27 1 surrogacy, agreement, which policy shall be paid for by the intended 2 parent or parents. 3 § 581-806. Life insurance. A person acting as surrogate has the right 4 to be provided a life insurance policy that takes effect prior to taking 5 any medication or commencement of treatment to further embryo transfer, 6 provides a minimum benefit of seven hundred fifty thousand dollars, and 7 has a term that extends throughout the duration of the expected pregnan- 8 cy and for twelve months after the birth of the child, a stillbirth, a 9 miscarriage resulting in termination of pregnancy, or termination of the 10 pregnancy, with a beneficiary or beneficiaries of their choosing, to be 11 paid for by the intended parent or parents. 12 § 581-807. Termination of surrogacy agreement. A person acting as 13 surrogate has the right to terminate a surrogacy, including a genetic 14 surrogacy, agreement at any time throughout the duration of the pregnan- 15 cy. If a person acting as surrogate terminates a surrogacy agreement, 16 any compensation already received, other than payment or reimbursement 17 of medical, legal, and pregnancy-related expenses, must be returned to 18 the intended parent or parents. 19 PART 9 20 GAMETE PROVIDERS' BILL OF RIGHTS 21 Section 581-901. Applicability. 22 581-902. Health and welfare decisions. 23 581-903. Health insurance and medical costs. 24 581-904. Counseling. 25 581-905. Termination of a third-party gamete provision agree- 26 ment. 27 § 581-901. Applicability. The rights enumerated in this part shall 28 apply to any gamete provider in this state, notwithstanding any third- 29 party gamete provision agreement, judgment of parentage, memorandum of 30 understanding, verbal agreement or contract to the contrary. Except as 31 otherwise provided by law, any written or verbal agreement purporting to 32 waive or limit any of the rights in this part is void as against public 33 policy. The rights enumerated in this part are not exclusive, and are in 34 addition to any other rights provided by law, regulation, or a third- 35 party gamete provision agreement that meets the requirements of this 36 article. 37 § 581-902. Health and welfare decisions. (a) An egg provider has the 38 right to exercise sole discretion over decisions regarding their behav- 39 ior, other than behaviors that would harm their health, and to make all 40 health and welfare decisions regarding themselves, including but not 41 limited to, the amount of time that transpires between egg retrieval 42 cycles and/or third-party gamete provision agreements, and whether to 43 terminate the third-party gamete provision agreement at any time; 44 (b) Sperm providers have the right to exercise sole discretion over 45 decisions regarding their behavior, other than behaviors that would harm 46 their health, and to make all health and welfare decisions regarding 47 themselves, including the right to terminate the third-party gamete 48 provision agreement at any time; and 49 (c) This article does not diminish the responsibility of health care 50 providers to ensure adherence to standards of medical practice. 51 § 581-903. Health insurance and medical costs. An egg provider has the 52 right to obtain a health insurance policy that covers major medical 53 treatments, hospitalizations, and behavioral health care for a term that 54 takes effect prior to the egg provider taking any medication andA. 9847 28 1 commencing medical procedures in furtherance of ovarian stimulation and 2 egg retrieval and that extends for six months after egg retrieval is 3 completed, or for twelve months if health complications occur. Such 4 policy shall be paid for by the agent, gamete bank, fertility clinic or 5 other entity or by the intended parent or parents, as applicable, which 6 shall also pay for or reimburse the egg provider for all co-payments, 7 deductibles and any other out-of-pocket medical costs associated with 8 third-party gamete provision or psychological or health complications 9 pursuant to the third-party gamete provision agreement. 10 § 581-904. Counseling. A gamete provider has the right to obtain a 11 health insurance policy that covers behavioral health care and will 12 cover the cost of psychological counseling to address issues resulting 13 from participation in third-party gamete provision, to be paid for by 14 the intended parent or parents, as applicable, or by the agent, gamete 15 bank, fertility clinic or other entity as applicable. 16 § 581-905. Termination of a third-party gamete provision agreement. 17 (a) An egg provider has the right to terminate a third-party gamete 18 provision agreement at any time prior to egg retrieval without penalty. 19 If the agreement is terminated prior to egg retrieval, the egg provider 20 is required to return any financial compensation received to date, other 21 than payment or reimbursement for medical or psychological services. 22 (b) A sperm provider has the right to terminate a third-party gamete 23 provision agreement at any time prior to the fulfillment of the agree- 24 ment without penalty. If the agreement is terminated prior to it being 25 fulfilled, the sperm provider is required to return any financial 26 compensation received in advance. 27 PART 10 28 MISCELLANEOUS PROVISIONS 29 Section 581-1001. Remedial. 30 581-1002. Severability. 31 581-1003. Parent under section seventy of the domestic relations 32 law. 33 581-1004. Interpretation. 34 § 581-1001. Remedial. This article is hereby declared to be a remedi- 35 al statute and is to be construed liberally to secure the beneficial 36 interests and purposes thereof for the best interests of the child. 37 § 581-1002. Severability. The invalidation of any part of this arti- 38 cle by a court of competent jurisdiction shall not result in the invali- 39 dation of any other part. 40 § 581-1003. Parent under section seventy of the domestic relations 41 law. The term "parent" in section seventy of the domestic relations law 42 shall include a person established to be a parent under this article or 43 any other relevant law. 44 § 581-1004. Interpretation. Unless the context indicates otherwise, 45 words importing the singular include and apply to several persons, 46 parties, or things; words importing the plural include the singular. 47 § 2. Section 73 of the domestic relations law is REPEALED. 48 § 3. Section 121 of the domestic relations law, as added by chapter 49 308 of the laws of 1992, is amended to read as follows: 50 § 121. Definitions. [When used in this article, unless the context or51subject matter manifestly requires a different interpretation:521. "Birth mother" shall mean a woman who gives birth to a child pursu-53ant to a surrogate parenting contract.A. 9847 29 12. "Genetic father" shall mean a man who provides sperm for the birth2of a child born pursuant to a surrogate parenting contract.33. "Genetic mother" shall mean a woman who provides an ovum for the4birth of a child born pursuant to a surrogate parenting contract.54. "Surrogate parenting contract" shall mean any agreement, oral or6written, in which:7(a) a woman agrees either to be inseminated with the sperm of a man8who is not her husband or to be impregnated with an embryo that is the9product of an ovum fertilized with the sperm of a man who is not her10husband; and11(b) the woman agrees to, or intends to, surrender or consent to the12adoption of the child born as a result of such insemination or impregna-13tion.] The definitions set forth in section 581-102 of the family court 14 act shall apply to this article. 15 § 4. Section 122 of the domestic relations law is REPEALED and a new 16 section 122 is added to read as follows: 17 § 122. Genetic surrogacy agreement. 1. If eligible under this article 18 to enter into a genetic surrogacy agreement, a person acting as surro- 19 gate, the spouse of the person acting as surrogate, if applicable, and 20 the intended parent or parents may enter into a genetic surrogacy agree- 21 ment which will be enforceable provided the genetic surrogacy agreement 22 meets the requirements of this article and further provided that 23 enforcement of a genetic surrogacy agreement against a surrogate who 24 objects to the termination of her parental rights prior to the issuance 25 of an acknowledgement of interim parental responsibility or voluntary 26 renunciation of parental rights is contrary to the public policy of this 27 state and the genetic surrogacy agreement is void and unenforceable. 28 2. A genetic surrogacy agreement shall not apply to the birth of a 29 child conceived by means of sexual intercourse. 30 3. A genetic surrogacy agreement may provide for payment of compen- 31 sation under this part seven of article five-C of the family court act. 32 4.(a) A person acting as surrogate shall be eligible to enter into an 33 enforceable genetic surrogacy agreement under this section if the person 34 acting as surrogate has met the following requirements at the time the 35 genetic surrogacy agreement is executed: 36 (i) the person acting as surrogate is at least twenty-one years of 37 age; 38 (ii) the person acting as surrogate is a United States citizen or a 39 permanent lawful resident and was a resident of New York state for at 40 least twelve months at the time the person executes a genetic surrogacy 41 agreement, except that an exception shall be provided if the person 42 acting as surrogate is a family member of an intended parent and is not 43 being compensated to act as surrogate; 44 (iii) the person acting as surrogate has used their own gametes to 45 conceive the resulting child; 46 (iv) the person acting as surrogate has completed medical and psycho- 47 logical evaluations with health care practitioners relating to the 48 anticipated surrogate pregnancy and has received written medical clear- 49 ance to become pregnant; 50 (v) the person acting as surrogate, and the spouse of the person 51 acting as surrogate, if applicable, have been represented throughout the 52 contractual process and the duration of the contract and its execution 53 by independent legal counsel of their own choosing which shall be paid 54 for by the intended parent or parents provided that such counsel must 55 specifically declare that she or he has no conflicts relating to either 56 the intending parents or any intermediaries in the genetic surrogacyA. 9847 30 1 arrangement. A person acting as surrogate who is receiving no compen- 2 sation may waive the right to have the intended parent or parents pay 3 the fee for such legal counsel. Where the intended parent or parents are 4 paying for the independent legal counsel of the person acting as surro- 5 gate, and the spouse of the person acting as surrogate, if applicable, a 6 separate retainer agreement shall be prepared clearly stating that such 7 legal counsel will only represent the person acting as surrogate and the 8 spouse of the person acting as surrogate, if applicable, in all matters 9 pertaining to the genetic surrogacy agreement, that such legal counsel 10 will not offer legal advice to any other parties to the genetic surroga- 11 cy agreement, and that the attorney-client relationship lies with the 12 person acting as surrogate and the spouse of the person acting as surro- 13 gate, if applicable; 14 (vi) the person acting as surrogate must have previously delivered at 15 least one healthy live birth from an uncomplicated pregnancy not pursu- 16 ant to a surrogacy, including genetic surrogacy, agreement; 17 (vii) the person acting as surrogate must not have delivered more than 18 three prior children, whether or not acting as a surrogate; 19 (viii) the person acting as surrogate must be free of any medical or 20 psychological preexisting conditions that would qualify them as being 21 high-risk to become pregnant; and 22 (ix) the person acting as surrogate must not be over age thirty-five 23 at the time of conception. 24 (b) The intended parent or parents shall be eligible to enter into an 25 enforceable genetic surrogacy agreement under this article, if they have 26 met the following requirements at the time the genetic surrogacy agree- 27 ment was executed: 28 (i) each intended parent is a United States citizen or a permanent 29 lawful resident and was a resident of New York State for at least twelve 30 months at the time they execute a genetic surrogacy contract; and 31 (ii) the intended parent or parents has been represented throughout 32 the contractual process and the duration of the contract and its 33 execution by independent legal counsel of his, her or their own choos- 34 ing; and 35 (iii) they are 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 genetic surrogacy agreement without their spouse if: 39 (A) 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 (B) they have been living separate and apart for at least three years 44 prior to execution of the genetic surrogacy agreement; and 45 (iv) 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; and 48 (v) at least one intended parent must have used their gametes to 49 create the embryo that will be transferred to the person acting as 50 surrogate, unless the intended parent or parents are unable to use their 51 gametes for medical reasons; and 52 (vi) the intended parent or parents must have had medical and psycho- 53 logical evaluations; and 54 (vii) the intended parent or parents must have had background checks 55 and a home study completed.A. 9847 31 1 5. A genetic surrogacy agreement shall be deemed to have satisfied the 2 requirements of this section and be enforceable if it meets the follow- 3 ing requirements: 4 (a) It shall be in a signed record verified by: 5 (i) each intended parent, and 6 (ii) the person acting as surrogate, and the spouse of the person 7 acting as surrogate, if any, unless: 8 (A) the person acting as surrogate and the spouse of the person acting 9 as surrogate are living separate and apart pursuant to a decree or judg- 10 ment of separation or pursuant to a written agreement of separation 11 subscribed by the parties thereto and acknowledged or proved in the form 12 required to entitle a deed to be recorded; or 13 (B) have been living separate and apart for at least three years prior 14 to execution of the genetic surrogacy agreement. 15 (b) It shall include the following information: 16 (i) the date, city, and state where the genetic surrogacy agreement 17 was executed; and 18 (ii) first and last names of and contact information for the intended 19 parent or parents and of the person acting as surrogate; and 20 (iii) the first and last names of and contact information for the 21 persons from which the gametes originated. If third-party gamete 22 provision was used, the first and last name of and contact information 23 for each gamete provider, if known, or the gamete provider identifica- 24 tion number, if anonymous. The agreement shall specify whether the 25 third-party gametes provided were eggs, sperm or embryos; and 26 (iv) the name of and contact information for the licensed and regis- 27 tered surrogacy program that is handling the genetic surrogacy agree- 28 ment; and 29 (v) the names of and contact information for the attorney representing 30 the person acting as surrogate and, if applicable, the spouse of the 31 person acting as surrogate, and the attorney representing the intended 32 parent or parents. 33 (c) It shall be executed after the following have been completed, but 34 prior to the person acting as surrogate taking any medication or the 35 commencement of medical procedures in furtherance of embryo transfer: 36 (i) the medical and psychological screenings of the person acting as 37 surrogate; 38 (ii) the medical and psychological screenings, background checks, and 39 home study of the intended parent or parents; 40 (iii) the informed consent process for the person acting as surrogate, 41 the intended parent or parents, and any gamete providers; and 42 (iv) legal counseling of all parties. 43 (d) It shall be executed by a person acting as surrogate meeting the 44 eligibility requirements of subdivision four of this section and by the 45 spouse of the person acting as surrogate, if applicable, unless the 46 signature of the spouse of the person acting as surrogate is not 47 required as set forth in this section. 48 (e) It shall be executed by an intended parent or parents who met the 49 eligibility requirements of subdivision four of this section. 50 (f) The person acting as surrogate and the spouse of the person acting 51 as surrogate, if applicable, and the intended parent or parents shall 52 have been represented throughout the contractual process and the dura- 53 tion of the contract and its execution by separate, independent legal 54 counsel of their own choosing. 55 (g) If the genetic surrogacy agreement provides for the payment of 56 compensation to the person acting as surrogate, those funds shall haveA. 9847 32 1 been placed in escrow with an independent escrow agent prior to the 2 person acting as surrogate taking any medication or the commencement of 3 medical procedures in furtherance of embryo transfer. Funds to cover the 4 medical expenses of the person acting as surrogate, including out-of- 5 pocket medical expenses shall also have been placed in escrow. 6 (h) The person acting as surrogate has or will obtain a health insur- 7 ance policy that takes effect prior to taking any medication or the 8 commencement of medical procedures to further embryo transfer that 9 covers pre-conception care, pre-natal care, major medical treatments, 10 hospitalization, and behavioral health care, and the health insurance 11 policy has a term that extends throughout the duration of the expected 12 pregnancy and for twelve months after the birth of the child, a still- 13 birth, a miscarriage resulting in termination of pregnancy, or termi- 14 nation of the pregnancy; the policy shall be paid for, whether directly 15 or through reimbursement or other means, by the intended parent or 16 parents on behalf of the person acting as surrogate pursuant to the 17 genetic surrogacy agreement, except that a person acting as surrogate 18 who is receiving no compensation may waive the right to have the 19 intended parent or parents pay for the health insurance policy. The 20 intended parent or parents shall also pay for or reimburse the person 21 acting as surrogate for all co-payments, deductibles and any other out- 22 of-pocket medical costs associated with preconception, pregnancy, child 23 birth, or post-natal care, that accrue through twelve months after the 24 birth of the child, a stillbirth, a miscarriage or termination of the 25 pregnancy. A person acting as surrogate who is receiving no compensation 26 may waive the right to have the intended parent or parents make such 27 payments or reimbursements. 28 (i) The genetic surrogacy agreement stipulates that the person acting 29 as surrogate will obtain a short- and long-term disability insurance 30 policy that takes effect prior to taking any medication or commencing 31 medical procedures to further embryo transfer that covers disability 32 related to the birth of the child, a stillbirth, a miscarriage 33 resulting in termination of pregnancy, or termination of the pregnancy, 34 and the disability insurance policy has a term that extends throughout 35 the duration of the expected pregnancy and for twelve months after the 36 birth of the child, a stillbirth, a miscarriage resulting in termination 37 of pregnancy, or termination of the pregnancy; the policy shall be paid 38 for, whether directly or through reimbursement or other means, by the 39 intended parent or parents on behalf of the person acting as surrogate 40 pursuant to the genetic surrogacy agreement, except that a person acting 41 as surrogate who is receiving no compensation may waive the right to 42 have the intended parent or parents pay for the disability insurance 43 policy. 44 (j) The genetic surrogacy agreement must provide that the intended 45 parent or parents shall procure and pay for a life insurance policy for 46 the person acting as surrogate that takes effect prior to the person 47 acting as surrogate taking any medication or the commencement of medical 48 procedures to further embryo transfer, provides a minimum benefit of 49 seven hundred and fifty thousand dollars, and has a term that extends 50 throughout the duration of the expected pregnancy and for twelve months 51 after the birth of the child, a stillbirth, a miscarriage resulting in 52 termination of pregnancy, or termination of the pregnancy; the policy 53 shall be paid for, whether directly or through reimbursement or other 54 means, by the intended parent or parents on behalf of the person acting 55 as surrogate pursuant to the genetic surrogacy agreement, except that a 56 person acting as surrogate who is receiving no compensation may waiveA. 9847 33 1 the right to have the intended parent or parents pay for the life insur- 2 ance policy. 3 (k) The genetic surrogacy agreement must include information disclos- 4 ing how the intended parent or parents will cover the medical expenses 5 of the person acting as surrogate and any child born pursuant to the 6 genetic surrogacy agreement. The disclosure shall include a review of 7 the health care policy provisions related to coverage for the person 8 acting as surrogate's pregnancy, including any possible liability of the 9 person acting as surrogate's third-party liability liens or other insur- 10 ance coverage, and any notice requirements that could affect coverage or 11 liability of the person acting as surrogate. 12 (l) The genetic surrogacy agreement and all required documentation 13 shall be certified to have been completed and in order by the surrogacy 14 program handling the genetic surrogacy agreement. 15 6. The genetic surrogacy agreement shall comply with all of the 16 following terms: 17 (a) As to the person acting as surrogate and the spouse of the person 18 acting as surrogate, if applicable: 19 (i) the person acting as surrogate agrees to undergo embryo transfer 20 and attempt to carry and give birth to the child subject to their right 21 to terminate the pregnancy; 22 (ii) the person acting as surrogate and the spouse of the person 23 acting as surrogate, if applicable, agree that all resulting children 24 will go home with the intended parent or parents from the hospital once 25 medical clearance is provided unless the person acting as surrogate 26 decides otherwise; 27 (iii) the person acting as surrogate agrees to file with the court a 28 notarized written declaration no sooner than eight days following the 29 birth of any resulting children stating they are voluntarily consenting 30 to disclaim and renounce their parental rights under the terms of the 31 genetic surrogacy agreement, and consenting to the adoption of any chil- 32 dren born pursuant to the genetic surrogacy agreement; 33 (iv) the genetic surrogacy agreement must permit the person acting as 34 surrogate to exercise sole discretion over decisions regarding their 35 behavior, other than behaviors that would harm their health, and to make 36 all health and welfare decisions regarding themselves, their pregnancy, 37 and child birth, including but not limited to, whether to consent to a 38 medically-indicated or non-medically indicated cesarean section, whether 39 to terminate or continue the pregnancy, and whether to reduce or retain 40 the number of fetuses or embryos they are carrying and notwithstanding 41 any other provisions in this chapter, provisions in the agreement to the 42 contrary are void and unenforceable. This article does not diminish the 43 right of the person acting as surrogate to terminate a pregnancy. This 44 article does not diminish the responsibility of health care providers to 45 ensure adherence to standards of medical practice; 46 (v) the genetic surrogacy agreement must permit the person acting as 47 surrogate to utilize the services of a health care practitioner includ- 48 ing a mental health care professional of the person's choosing; and 49 (vi) the person acting as surrogate has the right to obtain psycholog- 50 ical counseling by a counselor of their choice to address issues result- 51 ing from the person's participation in the genetic surrogacy agreement. 52 The cost of that counseling shall be paid by the intended parent or 53 parents. 54 (b) As to the intended parent or parents:A. 9847 34 1 (i) the intended parent or parents agree to accept interim parental 2 responsibility for any resulting children immediately upon birth regard- 3 less of number, gender, or mental or physical condition; 4 (ii) the intended parent or parents agree to assume responsibility for 5 the support of all resulting children immediately upon birth; 6 (iii) the genetic surrogacy agreement shall provide that the rights 7 and obligations of the intended parent or parents under the genetic 8 surrogacy agreement are not assignable; 9 (iv) the intended parent or parents agree to execute a will, prior to 10 the embryo transfer, designating a guardian for all resulting children 11 who is authorized to perform the intended parent's or parents' obli- 12 gations pursuant to the genetic surrogacy agreement; and 13 (v) the intended parent or parents must enter into contracts with a 14 surrogacy program, a third-party gamete provision service provider, if 15 applicable, and an assisted reproduction service provider, if applica- 16 ble, that are licensed by the New York State department of health, with 17 the exception of surrogacy agreement coordinators, and registered with 18 the office of the assisted reproduction registrar. 19 7. (a) After the execution of a genetic surrogacy agreement under this 20 article, the subsequent spousal relationship of the person acting as 21 surrogate does not affect the validity of a genetic surrogacy agreement, 22 the consent of the spouse of the person acting as surrogate to the 23 agreement shall not be required, and the spouse of the person acting as 24 surrogate shall not be the presumed parent of any resulting children. 25 (b) The subsequent separation or divorce of the intended parents does 26 not affect the rights, duties and responsibilities of the intended 27 parents as outlined in the genetic surrogacy agreement. 28 8. A person acting as surrogate has the right to terminate a genetic 29 surrogacy agreement at any time throughout the duration of the pregnan- 30 cy. If a person acting as surrogate terminates a genetic surrogacy 31 agreement, any compensation already received, other than payment or 32 reimbursement of medical, legal, and pregnancy-related expenses, must be 33 returned to the intended parent or parents. 34 9. Upon the birth of a child conceived by assisted reproduction and 35 born through genetic surrogacy pursuant to article eight of the domestic 36 relations law, the biologically-related intended parent or parents and 37 the person acting as surrogate assume interim parental responsibility 38 for the child born and share decision making, except that the intended 39 parent or parents will assume full financial responsibility, until the 40 person acting as surrogate under the terms of a genetic surrogacy agree- 41 ment has submitted a written declaration to the court no sooner than 42 eight days following the birth of any children stating that they are 43 voluntarily consenting to disclaim and renounce their parental rights, 44 and consenting to an adoption proceeding. Once the adoption proceeding 45 is completed, the intended parent or parents is, by operation of law, a 46 parent of the child and neither the person acting as surrogate nor the 47 person's spouse, if any, is a parent of the child. 48 10. If a genetic surrogacy agreement is defective in material and 49 non-technical ways, the court shall enforce only such provisions as 50 justice requires, except that unless the person acting as surrogate has 51 disclaimed and renounced parental rights and obligations, and consented 52 to an adoption no sooner than eight days after the birth of the child, 53 the court shall not terminate their parental status, rights or obli- 54 gations. 55 11. In the absence of a genetic surrogacy agreement, the person who 56 gives birth to a child is the parent of that child, and assumes theA. 9847 35 1 rights and obligations of a parent and any intended parent who has 2 contributed genetic material shall also be a parent of the child, and 3 assume the rights and responsibilities of a parent, and the court shall 4 determine child support and establish a parenting schedule according to 5 the best interests of the child and such other laws of this state as are 6 applicable. If neither intended parent has contributed genetic material, 7 the person acting as surrogate shall be the sole parent and can retain 8 their parental status and obligations or surrender the child for 9 adoption by an intended parent or both of them provided they meet the 10 requirements of law or if they decline to adopt, then to others in 11 accordance with law. 12 12. (a) Any dispute which is related to a genetic surrogacy agreement 13 shall be resolved by the supreme court, which shall determine the 14 respective rights and obligations of the parties according to the 15 requirements of this section, the valid terms of the agreement and such 16 other laws as may be applicable. 17 (b) Except as expressly provided in the genetic surrogacy agreement, 18 the intended parent or parents and the person acting as surrogate shall 19 be entitled to all remedies available at law or equity in any dispute 20 related to the genetic surrogacy agreement. 21 (c) There shall be no specific performance remedy available for a 22 breach by the person acting as surrogate of a genetic surrogacy agree- 23 ment term. 24 § 5. Section 123 of the domestic relations law is REPEALED. 25 § 6. Section 124 of the domestic relations law, as added by chapter 26 308 of the laws of 1992, is amended to read as follows: 27 § 124. Proceedings regarding parental rights, status or obligations. 28 In any action or proceeding involving a dispute between the [birth moth-29er] person acting as surrogate and [(i) the genetic father, (ii) the30genetic mother, (iii) both the genetic father and genetic mother, or31(iv) the parent or parents of the genetic father or genetic mother] any 32 party with a claim to legal parentage pursuant to a genetic surrogacy 33 agreement, regarding parental rights, status or obligations with respect 34 to a child born pursuant to a [surrogate parenting contract] genetic 35 surrogacy agreement: 36 1. the court shall not consider the [birth mother's] person acting as 37 surrogate's participation in a [surrogate parenting contract] genetic 38 surrogacy agreement as adverse to [her] their parental rights, status, 39 or obligations; and 40 2. the court, having regard to the circumstances of the case and of 41 the respective parties including the parties' relative ability to pay 42 such fees and expenses, in its discretion and in the interests of 43 justice, may award to either party reasonable and actual counsel fees 44 and legal expenses incurred in connection with such action or proceed- 45 ing. Such award may be made in the order or judgment by which the 46 particular action or proceeding is finally determined, or by one or 47 more orders from time to time before the final order or judgment, or by 48 both such order or orders and the final order or judgment; provided, 49 however, that in any dispute involving a [birth mother] person acting as 50 surrogate who has executed a valid surrender or consent to the adoption, 51 nothing in this section shall empower a court to make any award that it 52 would not otherwise be empowered to direct. 53 § 7. Section 4135-b of the public health law, as added by chapter 59 54 of the laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of 55 the laws of 2013, and subdivision 3 as amended by chapter 170 of the 56 laws of 1994, is amended to read as follows:A. 9847 36 1 § 4135-b. Voluntary acknowledgments of [paternity] parentage; child 2 born out of wedlock. 1. (a) Immediately preceding or following the 3 in-hospital birth of a child to an unmarried [woman] person or to a 4 person who gave birth to a child conceived through assisted 5 reproduction, the person in charge of such hospital or his or her desig- 6 nated representative shall provide to the [child's mother and] unmarried 7 person who gave birth to the child and the putative father, if such 8 father is readily identifiable and available, or to the person who gave 9 birth and the other intended parent of a child conceived through 10 assisted reproduction if such person is readily identifiable and avail- 11 able, the documents and written instructions necessary for such mother 12 and putative [father] persons to complete an acknowledgment of [paterni-13ty] parentage witnessed by two persons not related to the signatory. 14 Such acknowledgment, if signed by both parties, at any time following 15 the birth of a child, shall be filed with the registrar at the same time 16 at which the certificate of live birth is filed, if possible, or anytime 17 thereafter. Nothing herein shall be deemed to require the person in 18 charge of such hospital or his or her designee to seek out or otherwise 19 locate a putative father or intended parent of a child conceived through 20 assisted reproduction who is not readily identifiable or available. 21 (b) The following persons may sign an acknowledgment of parentage to 22 establish the parentage of the child: 23 (i) An unmarried person who gave birth to the child and another person 24 who is a genetic parent. 25 (ii) A married or unmarried person who gave birth to the child and 26 another person who is an intended parent under section 581-303 of the 27 family court act of a child conceived through assisted reproduction. 28 (c) An acknowledgment of parentage shall be in a record signed by the 29 person who gave birth to the child and by either the biologically-relat- 30 ed parent other than the person who gave birth to the child or a person 31 who is a parent under section 581-303 of the family court act of the 32 child conceived through assisted reproduction. 33 (d) An acknowledgment of parentage is void if, at the time of signing, 34 any of the following are true: 35 (i) The person giving birth to the child has not signed the acknowl- 36 edgment of parentage; 37 (ii) A person other than the person who gave birth to the child or a 38 person seeking to establish parentage through an acknowledgment of 39 parentage is a presumed parent of the child under section twenty-four of 40 the domestic relations law; 41 (iii) Another person has signed a valid acknowledgment of parentage 42 with regard to the child; 43 (iv) The child has a parent under section 581-303 of the family court 44 act other than the signatories; 45 (v) The person seeking to establish parentage is a gamete provider 46 under section 581-302 of the family court act; 47 (vi) The person seeking to establish parentage asserts that he or she 48 is a parent under section twenty-four of the domestic relations law; 49 (vii) The person seeking to establish parentage asserts that he or she 50 is a parent of a child conceived through assisted reproduction and the 51 person is in fact, not a parent under section 581-303 of the family 52 court act. 53 (e) The acknowledgment shall be executed on a form provided by the 54 commissioner developed in consultation with the appropriate commissioner 55 of the department of family assistance, which shall include the social 56 security number of the [mother] person who gave birth to the child andA. 9847 37 1 of the [putative father] acknowledged parent and provide in plain 2 language (i) a statement by the [mother] person who gave birth to the 3 child consenting to the acknowledgment of [paternity] parentage and a 4 statement that the [putative father] acknowledged parent is the only 5 possible [father] other biologically-related parent or that the acknowl- 6 edged parent is an intended parent and the child was conceived through 7 assisted reproduction, (ii) a statement by the putative father, if any, 8 that he is the biological father of the child, and (iii) a statement 9 that the signing of the acknowledgment of [paternity] parentage by both 10 parties shall have the same force and effect as an order of filiation 11 entered after a court hearing by a court of competent jurisdiction, 12 including an obligation to provide support for the child except that, 13 only if filed with the registrar of the district in which the birth 14 certificate has been filed, will the acknowledgment have such force and 15 effect with respect to inheritance rights. 16 [(b)] (f) Prior to the execution of an acknowledgment of [paternity] 17 parentage, the [mother] person who gave birth to the child and the 18 [putative father] other signatory shall be provided orally, which may be 19 through the use of audio or video equipment, and in writing with such 20 information as is required pursuant to this section with respect to 21 their rights and the consequences of signing a voluntary acknowledgment 22 of [paternity] parentage including, but not limited to: 23 (i) that the signing of the acknowledgment of [paternity] parentage 24 shall establish the [paternity] parentage of the child and shall have 25 the same force and effect as an order of [paternity] parentage or filia- 26 tion issued by a court of competent jurisdiction establishing the duty 27 of both parties to provide support for the child; 28 (ii) that if such an acknowledgment is not made, the [putative father] 29 signatory other than the person who gave birth to the child can be held 30 liable for support only if the family court, after a hearing, makes an 31 order declaring that the [putative father] person is the [father] parent 32 of the child whereupon the court may make an order of support which may 33 be retroactive to the birth of the child; 34 (iii) that if made a respondent in a proceeding to establish [paterni-35ty] parentage the [putative father] signatory other than the person who 36 gave birth to the child has a right to free legal representation if 37 indigent; 38 (iv) that [the putative father] an alleged genetic parent has a right 39 to a genetic marker test or to a DNA test when available; 40 (v) that by executing the acknowledgment, the [putative father] 41 alleged genetic parent waives [his] their right to a hearing, to which 42 [he] they would otherwise be entitled, on the issue of [paternity] 43 parentage; 44 (vi) that a copy of the acknowledgment of [paternity] parentage shall 45 be filed with the putative father registry pursuant to section three 46 hundred seventy-two-c of the social services law, and that such filing 47 may establish the child's right to inheritance from the putative father 48 pursuant to clause (B) of subparagraph two of paragraph (a) of section 49 4-1.2 of the estates, powers and trusts law; 50 (vii) that, if such acknowledgment is filed with the registrar of the 51 district in which the birth certificate has been filed, such acknowledg- 52 ment will establish inheritance rights from the putative father or the 53 other intended parent of a child conceived through assisted reproduction 54 pursuant to clause (A) of subparagraph two of paragraph (a) of section 55 4-1.2 of the estates, powers and trusts law;A. 9847 38 1 (viii) that no further judicial or administrative proceedings are 2 required to ratify an unchallenged acknowledgment of [paternity] parent- 3 age provided, however, that: 4 (A) A signatory to an acknowledgment of [paternity] parentage, who had 5 attained the age of eighteen at the time of execution of the acknowledg- 6 ment, shall have the right to rescind the acknowledgment within the 7 earlier of sixty days from the date of signing the acknowledgment or the 8 date of an administrative or a judicial proceeding (including, but not 9 limited to, a proceeding to establish a support order) relating to the 10 child in which the signatory is a party, provided that the "date of an 11 administrative or a judicial proceeding" shall be the date by which the 12 respondent is required to answer the petition; 13 (B) A signatory to an acknowledgment of [paternity] parentage, who had 14 not attained the age of eighteen at the time of execution of the 15 acknowledgment, shall have the right to rescind the acknowledgment 16 anytime up to sixty days after the signatory's attaining the age of 17 eighteen years or sixty days after the date on which the respondent is 18 required to answer a petition (including, but not limited to, a petition 19 to establish a support order) relating to the child, whichever is earli- 20 er; provided, however, that the signatory must have been advised at such 21 proceeding of his or her right to file a petition to vacate the acknowl- 22 edgment within sixty days of the date of such proceeding; 23 (ix) that after the expiration of the time limits set forth in clauses 24 (A) and (B) of subparagraph (viii) of this paragraph, any of the signa- 25 tories may challenge the acknowledgment of [paternity] parentage in 26 court only on the basis of fraud, duress, or material mistake of fact, 27 with the burden of proof on the party challenging the voluntary acknowl- 28 edgment; 29 (x) that the [putative father and mother] person who gave birth to the 30 child and the other signatory may wish to consult with attorneys before 31 executing the acknowledgment; and that they have the right to seek legal 32 representation and supportive services including counseling regarding 33 such acknowledgment; 34 (xi) that the acknowledgment of [paternity] parentage may be the basis 35 for the [putative father] signatory other than the person who gave birth 36 to the child establishing custody and visitation rights to the child and 37 for requiring the [putative father's] consent of the signatory other 38 than the person who gave birth to the child prior to an adoption 39 proceeding; 40 (xii) that the [mother's] refusal of the person who gave birth to the 41 child to sign the acknowledgment shall not be deemed a failure to coop- 42 erate in establishing [paternity for] parentage of the child; and 43 (xiii) that the child may bear the last name of either parent, or any 44 combination thereof, which name shall not affect the legal status of the 45 child. 46 In addition, the governing body of such hospital shall insure that 47 appropriate staff shall provide to the [child's mother and putative48father] person who gave birth to the child and the other signatory, 49 prior to the [mother's] discharge from the hospital of the person who 50 gave birth to the child, the opportunity to speak with hospital staff to 51 obtain clarifying information and answers to their questions about 52 [paternity] parentage establishment, and shall also provide the tele- 53 phone number of the local support collection unit. 54 [(c)] (g) Within ten days after receiving the certificate of birth, 55 the registrar shall furnish without charge to each parent or guardian of 56 the child or to the [mother] person who gave birth at the address desig-A. 9847 39 1 nated by her for that purpose, a certified copy of the certificate of 2 birth and, if applicable, a certified copy of the written acknowledgment 3 of [paternity] parentage. If the [mother] person who gave birth is in 4 receipt of child support enforcement services pursuant to title six-A of 5 article three of the social services law, the registrar also shall 6 furnish without charge a certified copy of the certificate of birth and, 7 if applicable, a certified copy of the written acknowledgment of [pater-8nity] parentage to the social services district of the county within 9 which the [mother] person who gave birth resides. 10 2. (a) When a child's [paternity] parentage is acknowledged voluntar- 11 ily pursuant to section one hundred eleven-k of the social services law, 12 the social services official shall file the executed acknowledgment with 13 the registrar of the district in which the birth occurred and in which 14 the birth certificate has been filed. 15 (b) Where a child's [paternity] parentage has not been acknowledged 16 voluntarily pursuant to paragraph (a) of subdivision one of this section 17 or paragraph (a) of this subdivision, the [child's mother and the puta-18tive father] person who gave birth to the child and the other signatory 19 may voluntarily acknowledge a child's [paternity] parentage pursuant to 20 this paragraph by signing the acknowledgment of [paternity] parentage. 21 (c) A signatory to an acknowledgment of [paternity] parentage, who has 22 attained the age of eighteen at the time of execution of the acknowledg- 23 ment shall have the right to rescind the acknowledgment within the 24 earlier of sixty days from the date of signing the acknowledgment or the 25 date of an administrative or a judicial proceeding (including, but not 26 limited to, a proceeding to establish a support order) relating to the 27 child in which either signatory is a party; provided that for purposes 28 of this section, the "date of an administrative or a judicial proceed- 29 ing" shall be the date by which the respondent is required to answer the 30 petition. 31 (d) A signatory to an acknowledgment of [paternity] parentage, who has 32 not attained the age of eighteen at the time of execution of the 33 acknowledgment, shall have the right to rescind the acknowledgment 34 anytime up to sixty days after the signatory's attaining the age of 35 eighteen years or sixty days after the date on which the respondent is 36 required to answer a petition (including, but not limited to, a petition 37 to establish a support order) relating to the child in which the signa- 38 tory is a party, whichever is earlier; provided, however, that the 39 signatory must have been advised at such proceeding of his or her right 40 to file a petition to vacate the acknowledgment within sixty days of the 41 date of such proceeding. 42 (e) After the expiration of the time limits set forth in paragraphs 43 (c) and (d) of this subdivision, any of the signatories may challenge 44 the acknowledgment of [paternity] parentage in court only on the basis 45 of fraud, duress, or material mistake of fact, with the burden of proof 46 on the party challenging the voluntary acknowledgment. The acknowledg- 47 ment shall have full force and effect once so signed. The original or a 48 copy of the acknowledgment shall be filed with the registrar of the 49 district in which the birth certificate has been filed. 50 3. (a) An executed acknowledgment of [paternity] parentage executed by 51 [the mother and father of a child born out of wedlock] any two people 52 eligible to sign such an acknowledgment under paragraph (b) of subdivi- 53 sion one of this section, married or unmarried, shall establish the 54 [paternity] parentage of a child and shall have the same force and 55 effect as an order of [paternity] parentage or filiation issued by a 56 court of competent jurisdiction. Such acknowledgement shall thereafterA. 9847 40 1 be filed with the registrar pursuant to subdivision one or two of this 2 section. 3 (b) A registrar with whom an acknowledgment of [paternity] parentage 4 has been filed pursuant to subdivision one or two of this section shall 5 file the acknowledgment with the state department of health and the 6 putative father registry. 7 4. The court shall give full faith and credit to an acknowledgment of 8 parentage effective in another state if the acknowledgment was in a 9 signed record and otherwise complies with the law of the other state. 10 5. A new certificate of birth shall be issued if the certificate of 11 birth of [a] the child [born out of wedlock] as defined in paragraph (b) 12 of subdivision one of section four thousand one hundred thirty-five of 13 this article has been filed without entry of the name of the [father] 14 signatory other than the person who gave birth, and the commissioner 15 thereafter receives a notarized acknowledgment of [paternity] parentage 16 accompanied by the written consent of the [putative father and mother] 17 person who gave birth to the child and other signatory to the entry of 18 the name of such [father] person, which consent may also be to a change 19 in the surname of the child. 20 6. Any reference to an acknowledgment of paternity in any law of this 21 state shall be interpreted to mean an acknowledgment of parentage signed 22 pursuant to this section or signed in another state consistent with the 23 law of that state. 24 § 8. The article heading of article 8 of the domestic relations law, 25 as added by chapter 308 of the laws of 1992, is amended to read as 26 follows: 27 [SURROGATE PARENTING CONTRACTS] GENETIC SURROGACY 28 § 9. The general business law is amended by adding a new article 44 to 29 read as follows: 30 ARTICLE 44 31 REGULATION OF SURROGACY PROGRAMS, THIRD-PARTY GAMETE PROVISION 32 SERVICE PROVIDERS AND ASSISTED REPRODUCTION SERVICE PROVIDERS 33 Section 1400. Definitions. 34 1401. Surrogacy programs regulated under this article. 35 1402. Third-party gamete provision service providers regulated 36 under this article. 37 1403. Assisted reproduction service providers regulated under 38 this article. 39 1404. Conflicts of interest; prohibition on payments; funds in 40 escrow; licensure; notice of surrogates' and gamete 41 providers' bill of rights. 42 1405. Regulations. 43 § 1400. Definitions. As used in this section: 44 1. The definitions in section 581-102 of the family court act shall 45 apply. 46 2. "Payment" means any type of monetary compensation or other valu- 47 able consideration including but not limited to a rebate, refund, 48 commission, unearned discount, or profit by means of credit or other 49 valuable consideration. 50 3. "Surrogacy program" does not include any party to a surrogacy, 51 including a genetic surrogacy, agreement or any person licensed to prac- 52 tice law and representing a party to the surrogacy agreement, but does 53 include and is not limited to any agency, agent, business or surrogacy 54 agreement coordinator, that is licensed by the department of health, 55 with the exception of surrogacy agreement coordinators, and registered 56 with the office of the assisted reproduction registrar, and engaged in,A. 9847 41 1 arranging, or facilitating transactions contemplated by a surrogacy 2 agreement, regardless of whether such agreement ultimately comports with 3 the requirements of article five-C of the family court act or article 4 eight of the domestic relations law. 5 4. "Surrogacy agreement coordinator" does not include any party to a 6 surrogacy, including a genetic surrogacy, agreement or any person 7 licensed to practice law and representing a party to the agreement, but 8 does include a licensed lawyer or social worker engaged in, arranging, 9 or facilitating transactions contemplated by a surrogacy agreement, 10 regardless of whether such agreement ultimately comports with the 11 requirements of article five-C of the family court act or article eight 12 of the family court act. 13 § 1401. Surrogacy programs regulated under this article. The 14 provisions of this article apply to surrogacy programs arranging or 15 facilitating transactions contemplated by a surrogacy, including a 16 genetic surrogacy, agreement under part four of article five-C of the 17 family court act or article eight of the domestic relations law if: 18 1. The surrogacy program does business in the state; 19 2. A person acting as surrogate who is party to a surrogacy, including 20 genetic surrogacy, agreement resides in this state during the term of 21 the surrogacy, including genetic surrogacy, agreement; 22 3. Any medical procedures under the surrogacy, including genetic 23 surrogacy, agreement are performed in this state; or 24 4. The surrogacy program provides any of the following services: 25 (i) surrogate recruitment; or 26 (ii) surrogate matching. 27 § 1402. Third-party gamete provision service providers regulated under 28 this article. 1. The provisions of this article apply to agents, gamete 29 banks, fertility clinics, and other entities arranging or facilitating 30 transactions contemplated by a third-party gamete provision agreement 31 under part five of article five-C of the family court act if: 32 (a) The agent, gamete bank, fertility clinic, or other entity does 33 business in this state; 34 (b) A gamete provider who is party to a third-party gamete provision 35 agreement resides in this state during the term of the third-party 36 gamete provision agreement; 37 (c) Any medical procedures under the gamete provision agreement are 38 performed in this state; or 39 (d) The agent, gamete bank, fertility clinic, or other entity provides 40 any of the following services: 41 (i) third-party gamete provision; 42 (ii) third-party embryo provision; 43 (iii) gamete freezing; 44 (iv) gamete provider recruitment; or 45 (v) gamete provider matching. 46 § 1403. Assisted reproduction service providers regulated under this 47 article. The provisions of this article apply to fertility clinics, 48 other health care facilities, and health care practitioners that provide 49 assisted reproduction services to intended parents not using surrogacy 50 under this article when: 51 1. The fertility clinic, other health care facility, or health care 52 practitioner that provides assisted reproduction services to intended 53 parents not using surrogacy does business in New York state. 54 2. The fertility clinic, other health care facility, or health care 55 practitioner provides any of the following assisted reproduction 56 services to intended parents not using surrogacy:A. 9847 42 1 (a) Intrauterine or vaginal insemination; or 2 (b) In vitro fertilization and transfer of embryos. 3 § 1404. Conflicts of interest; prohibition on payments; funds in 4 escrow; licensure; notice of surrogates' and gamete providers' bill of 5 rights. A surrogacy program to which this article applies: 6 1. Must keep all funds paid by or on behalf of the intended parent or 7 parents in a separate, licensed escrow fund; 8 2. May not be owned or managed, in any part, directly or indirectly, 9 by any attorney representing a party to the surrogacy agreement; 10 3. May not pay or receive payment, directly or indirectly, to or from 11 any person licensed to practice law and representing a party to the 12 surrogacy agreement in connection with the referral of any person or 13 party for the purpose of a surrogacy agreement; 14 4. May not pay or receive payment, directly or indirectly, to or from 15 any health care provider providing any health services, including 16 assisted reproduction, to a party to the surrogacy agreement; 17 5. May not be owned or managed, in any part, directly or indirectly, 18 by any health care provider providing any health services, including 19 assisted reproduction, to a party to the surrogacy agreement; 20 6. Must be licensed by the department of health and registered with 21 the office of assisted reproduction registrar pursuant to regulations 22 promulgated by the department of financial services in consultation with 23 the department of health; and 24 7. Must ensure that all potential parties to a surrogacy, including a 25 genetic surrogacy, agreement, at the time of consultation with such 26 surrogacy program, are provided with written notice of the surrogates' 27 and gamete providers' bill of rights, as applicable, enumerated in parts 28 eight and nine of article five-C of the family court act. 29 § 1405. Regulations. 1. The department of financial services, in 30 consultation with the department of health, shall promulgate regulations 31 to implement the requirements of this article regarding surrogacy 32 programs, in a manner that prioritizes the short- and long-term health 33 and safety of gamete providers, persons acting as surrogates, and any 34 children conceived by assisted reproduction with third-party gametes, if 35 applicable, and born through surrogacy, including genetic surrogacy, 36 including but not limited to, regulations: 37 (a) mandating surrogacy programs to be licensed by the department of 38 health, with the exception of surrogacy agreement coordinators, and 39 registered with the office of the assisted reproduction registrar and to 40 maintain active registration status; and 41 (b) requiring surrogacy programs: 42 (i) to verify with the office of the assisted reproduction registrar 43 that a potential person acting as surrogate has not already given birth 44 to a total of four children, whether or not pursuant to a surrogacy, 45 including genetic surrogacy, agreement prior to the execution of a 46 surrogacy, including genetic surrogacy, agreement; 47 (ii) to report the person acting as surrogate's participation in the 48 surrogacy, including genetic surrogacay, agreement to the office of the 49 assisted reproduction registrar; 50 (iii) to report any pregnancy outcomes that result from the surrogacy, 51 including genetic surrogacy, agreement to the office of the assisted 52 reproduction registrar; 53 (iv) to monitor compliance with agreement eligibility and provision 54 requirements and state law;A. 9847 43 1 (v) to provide a copy of surrogacy, including genetic surrogacy, 2 agreements, once executed, to the office of the assisted reproduction 3 registrar; 4 (vi) to administer an informed consent procedure that complies with 5 regulations promulgated by the department of health; 6 (vii) to verify with the office of the assisted reproduction registrar 7 whether each person who acts as surrogate and each intended parent who 8 executes a surrogacy agreement brokered by the surrogacy program already 9 has an assigned identification number, and if not, to assign the iden- 10 tification number and provide it to the office of the assisted reprod- 11 uction registrar along with the individual's identifying information; 12 and 13 (viii) to report clinical data from services provided to the depart- 14 ment of health. 15 2. The department of financial services, in consultation with the 16 department of health, shall promulgate regulations to implement the 17 requirements of this article regarding assisted reproduction service 18 providers, in a manner that prioritizes the short- and long-term health 19 and safety of intended parents and any children conceived by assisted 20 reproduction, including but not limited to: 21 (a) mandating assisted reproduction service providers to be licensed 22 by the department of health and registered with the office of the 23 assisted reproduction registrar, and to maintain active registration 24 status; and 25 (b) requiring assisted reproduction service providers: 26 (i) to verify with the office of the assisted reproduction registrar 27 whether each intended parent who receives assisted reproduction 28 services already has an assigned identification number, and if not, to 29 assign the identification number and provide it to the office of the 30 assisted reproduction registrar along with the individual's identifying 31 information; 32 (ii) to administer an informed consent procedure that complies with 33 regulations promulgated by the department of health; and 34 (iii) to report clinical data from services provided and any pregnancy 35 outcomes to the state department of health. 36 3. The department of financial services, in consultation with the 37 department of health, shall promulgate regulations to implement the 38 requirements of this article regarding third-party gamete provision 39 service providers, in a manner that prioritizes the short- and long-term 40 health and safety of gamete providers and any children conceived by 41 assisted reproduction, including but not limited to: 42 (a) mandating third-party gamete provision service providers to be 43 licensed by the department of health and registered with the central, 44 confidential assisted reproduction registry and to maintain active 45 registration status; 46 (b) requiring third-party gamete provision service providers: 47 (i) to verify with the office of the assisted reproduction registrar 48 whether each gamete provider and each intended parent, if applicable, 49 who executes a third-party gamete provision agreement brokered by the 50 entity already has an assigned identification number, and if not, to 51 assign the identification number and provide it to the office of the 52 assisted reproduction registrar along with the individual's identifying 53 information; 54 (ii) to administer an informed consent procedure that complies with 55 regulations promulgated by the department of health; andA. 9847 44 1 (iii) to report clinical data from services provided and any pregnancy 2 and live birth outcomes to the department of health. 3 4. The department of financial services shall annually report to the 4 state legislature regarding the practices of surrogacy programs and 5 third-party gamete provision service providers and all business trans- 6 actions related to surrogacy and third-party gamete provision in the 7 state, with recommendations for any necessary amendments to this arti- 8 cle. 9 § 10. The public health law is amended by adding a new article 25-B to 10 read as follows: 11 ARTICLE 25-B 12 ASSISTED REPRODUCTION 13 Section 2599-cc. Assisted reproduction. 14 2599-dd. Third-party gamete provision. 15 2599-ee. Surrogacy. 16 2599-ff. Genetic surrogacy. 17 2599-gg. New York state office of the assisted reproduction 18 registrar. 19 2599-hh. Central, confidential assisted reproduction registry. 20 2599-ii. Third-party gamete provision and parentage. 21 2599-jj. Gamete provider identity disclosure. 22 § 2599-cc. Assisted reproduction. The commissioner, in consultation 23 with the Task Force on Life and the Law, shall promulgate regulations on 24 the provision of assisted reproduction services to intended parents who 25 are not using surrogacy. Such regulations shall include, but not be 26 limited to: 27 1. guidelines and procedures for obtaining fully informed consent from 28 intended parents, to include but not be limited to the informed consent 29 procedures for intended parents pursuant to section 581-604 of the fami- 30 ly court act, highlighting the potential known and unknown health risks 31 to intended parents and children conceived by assisted reproduction, and 32 ensuring that intended parents are able to review and understand 33 informed consent materials; 34 2. the development and distribution, in printed form and on the 35 department's website, of informational material relating to assisted 36 reproduction, including but not limited to the scope of information 37 provided on the website of the Human Fertilisation & Embryology Authori- 38 ty of the United Kingdom. 39 § 2599-dd. Third-party gamete provision. The commissioner, in consul- 40 tation with the transplant council or the Task Force on Life and the 41 Law, shall promulgate regulations on third-party gamete provision. Such 42 regulations shall include, but not be limited to: 43 1. guidelines and procedures for obtaining fully informed consent from 44 gamete providers and intended parents, if applicable, to include but not 45 be limited to the informed consent procedures for gamete providers list- 46 ed under section 581-602 of the family court act and the informed 47 consent procedures for intended parents under section 581-604 of the 48 family court act, highlighting the potential known and unknown health 49 risks to gamete providers, intended parents, and children conceived by 50 assisted reproduction, and ensuring that gamete providers and intended 51 parents, if applicable, are able to review and understand informed 52 consent materials; 53 2. the development and distribution, in printed form and on the 54 department's website, of informational material relating to third-party 55 gamete provision, including but not limited to the scope of informationA. 9847 45 1 provided on the website of the Human Fertilisation & Embryology Authori- 2 ty of the United Kingdom; and 3 3. guidelines and procedures for drafting third-party gamete provision 4 agreements in compliance with part five of article five-C of the family 5 court act. 6 § 2599-ee. Surrogacy. The commissioner, in consultation with the task- 7 force on life and the law, shall promulgate regulations on the practice 8 of surrogacy. Such regulations shall include, but not be limited to: 9 1. guidelines and procedures for obtaining fully informed consent from 10 potential persons acting as surrogates and intended parents, to include 11 but not be limited to the informed consent procedures for persons acting 12 as surrogate listed under section 581-603 of the family court act and 13 the informed consent procedures for intended parents listed under 14 section 581-604 of the family court act, highlighting the potential 15 known and unknown health risks to persons acting as surrogates and chil- 16 dren conceived by assisted reproduction and born through surrogacy, and 17 ensuring that persons acting as surrogates and intended parents are able 18 to review and understand informed consent materials; 19 2. the development and distribution, in printed form and on the 20 department's website, of informational material relating to surrogacy; 21 including but not limited to the scope of information provided on the 22 website of the Human Fertilisation & Embryology Authority of the United 23 Kingdom; and 24 3. guidelines and procedures for drafting surrogacy agreements in 25 compliance with part four of article five-C of the family court act. 26 § 2599-ff. Genetic surrogacy. The commissioner shall promulgate regu- 27 lations on the practice of genetic surrogacy. Such regulations shall 28 include, but not be limited to: 29 1. guidelines and procedures for obtaining fully informed consent from 30 potential persons acting as surrogates and intended parents, to include 31 but not be limited to the informed consent procedures for persons acting 32 as surrogates listed under section 581-603 of the family court act and 33 the informed consent procedures for intended parents listed under 34 section 581-604 of the family court act, highlighting the potential 35 known and unknown health risks to persons acting as surrogates and chil- 36 dren conceived by assisted reproduction and born through genetic surro- 37 gacy, and ensuring that persons acting as surrogates and intended 38 parents are able to review and understand informed consent materials; 39 2. the development and distribution, in printed form and on the 40 department's website, of informational material relating to genetic 41 surrogacy, including but not limited to the scope of information 42 provided on the website of the Human Fertilisation & Embryology Authori- 43 ty of the United Kingdom; and 44 3. guidelines and procedures for drafting genetic surrogacy agreements 45 in compliance with section one hundred twenty-two of the domestic 46 relations law. 47 § 2599-gg. New York state office of the assisted reproduction regist- 48 rar. 1. There is hereby established within the department the New York 49 state office of the assisted reproduction registrar which shall have 50 exclusive jurisdiction to exercise the powers and duties provided by 51 this article. The office shall exercise its authority by and through an 52 executive director. 53 2. The executive director shall be appointed by the commissioner. 54 3. The office of the assisted reproduction registrar, by and through 55 its executive director, shall have the following powers and duties:A. 9847 46 1 (a) to issue or refuse to issue registrations and registration 2 renewals of surrogacy programs, assisted reproduction service providers, 3 third-party gamete provision service providers, health care practition- 4 ers, persons acting as surrogates, gamete providers, intended parents 5 who use assisted reproduction to become pregnant, parents, and children 6 conceived by assisted reproduction, with third-party gametes, if appli- 7 cable, and born through surrogacy, if applicable; 8 (b) to limit, or not to limit, the number of registrations to be 9 issued in a manner that prioritizes health and safety, evidence-based 10 practices, and social responsibility; 11 (c) to administer the assisted reproduction registry and respond to 12 requests for medical information and identifying information of gamete 13 providers and persons acting as surrogates; 14 (d) to maintain copies of third-party gamete provision and surrogacy, 15 including genetic surrogacy, agreements, along with relevant documents 16 in a manner that protects confidentiality and privacy of information; 17 (e) to develop print and electronic materials with educational infor- 18 mation, current best practices, and research findings on topics related 19 to assisted reproductive technology, third-party gamete provision, and 20 surrogacy, including genetic surrogacy; and 21 (f) to develop content and maintain a website with information and 22 resources on assisted reproduction, third-party gamete provision, and 23 surrogacy, including genetic surrogacy. 24 4. (a) The office shall perform such acts, prescribe such forms and 25 propose such rules, regulations and orders as it may deem necessary or 26 proper to fully effectuate the provisions of this article. 27 (b) The office shall have the power to promulgate any and all neces- 28 sary rules and regulations governing assisted reproduction, third-party 29 gamete provision, and surrogacy, including genetic surrogacy, practices 30 in this state. 31 (c)(i) The office shall establish a scale of registration and renewal 32 fees, to be paid by surrogacy programs, third-party gamete provision 33 service providers, assisted reproduction service providers, and health 34 care practitioners. Persons acting as surrogates, gamete providers, 35 intended parents who use assisted reproduction, and children conceived 36 by assisted reproduction, with third-party gametes, if applicable, and 37 born through surrogacy, if applicable are not required to pay a regis- 38 tration or renewal fee. 39 (ii) The office shall charge each registered entity a registration and 40 renewal fee, as applicable. 41 (iii) All registration and renewal fees shall be set on a scaled basis 42 by the office, dependent on the size and capacity of the entity. 43 (iv) All registration and registration renewal fees collected by the 44 office shall be allocated to continuing the work of the office, research 45 and tracking of impacts of assisted reproductive technology on gamete 46 providers, persons acting as surrogates, intended parents, and children 47 conceived by assisted reproduction, with third-party gametes, if appli- 48 cable, and born through surrogacy, including genetic surrogacy, if 49 applicable, and if there is any additional revenue available, to state 50 efforts to address maternal morbidity and mortality. 51 5. (a) The New York State Task Force on Life and the Law shall act as 52 advisory board for the office of the assisted reproduction registrar. 53 The advisory board shall consider all matters submitted to it by the 54 executive director, including rulemaking, advising the office and legis- 55 lature on assisted reproduction, third-party gamete provision, and 56 surrogacy, including genetic surrogacy, practices and issues.A. 9847 47 1 (b) The executive director of the office shall serve as the chair- 2 person of the board. The vice chairperson shall be elected from among 3 the members of the advisory board by members of the board and shall 4 represent the board in the absence of the chairperson at all official 5 board functions. 6 6. The action, proceedings, authority, and orders of the office in 7 enforcing the provisions of this article and applying them to specific 8 cases shall at all times be regarded as in their nature judicial and 9 shall be treated as prima facie just and legal. 10 § 2599-hh. Central, confidential assisted reproduction registry. 1. 11 The New York state office of the assisted reproduction registrar shall 12 establish an assisted reproduction registry for the purposes of: 13 (a) tracking assisted reproduction, clinical third-party gamete 14 provision and surrogacy, including genetic surrogacy practices; 15 (b) registering surrogacy programs, agents, gamete banks, fertility 16 clinics, and health care practitioners providing assisted reproduction, 17 third-party gamete provision, and surrogacy, including genetic surroga- 18 cy, services in this state; 19 (c) tracking and enforcing limits on participation in surrogacy, 20 including genetic surrogacy, and third-party gamete provision agreements 21 to protect the health and safety of persons acting as surrogates and egg 22 providers, and to manage the number of children conceived by assisted 23 reproduction with the gametes of each gamete provider; 24 (d) facilitating research on short- and long-term health outcomes of 25 assisted reproduction, third-party gamete provision, and surrogacy, 26 including genetic surrogacy, procedures on egg providers, persons acting 27 as surrogates, intended parents who use assisted reproduction to become 28 pregnant, and children conceived by assisted reproduction using third- 29 party gametes, if applicable, and born through surrogacy, if applicable; 30 (e) enabling gamete providers, persons acting as surrogates, intended 31 parents who use assisted reproduction to become pregnant, and children 32 conceived by assisted reproduction, with third-party gametes, if appli- 33 cable, and born through surrogacy, if applicable, to update their own 34 medical information; 35 (f) enabling children conceived by assisted reproduction, with third- 36 party gametes, if applicable, and born through surrogacy, if applicable, 37 to receive medical information about gamete providers and persons acting 38 as surrogates once they attain sixteen years of age, or their parents or 39 guardians can request the information before the child attains sixteen 40 years of age; 41 (g) enabling children born through surrogacy to obtain identifying 42 information about persons acting as surrogates once they reach eighteen 43 years of age; and 44 (h) enabling children conceived by assisted reproduction to receive 45 identifying information once they attain eighteen years of age about 46 gamete providers, if: 47 (i) the gamete provider has opted to be known; 48 (ii) the gamete provider is registered on the registry and provides 49 consent; and 50 (iii) the child has reached eighteen years of age and is registered on 51 the registry. 52 2. The assisted reproduction registry shall be operated by employees 53 of the department specifically designated by the commissioner. Access to 54 all records and information in the registry shall be limited to such 55 designated employees and such records and information shall be kept 56 strictly confidential except as specifically authorized by law. TheA. 9847 48 1 commissioner shall establish rules and procedures designed to keep such 2 records and information separate and apart from other records of the 3 department and kept in a manner where access to such records and infor- 4 mation is strictly limited to such designated employees and shall 5 promulgate regulations designed to effectuate the purposes of this 6 section. Notwithstanding any inconsistent provision of this chapter or 7 any other law to the contrary, the commissioner shall have access to the 8 information authorized to be released pursuant to this section contained 9 in surrogacy, including genetic surrogacy, agreements, third-party 10 gamete provision agreements, and clinical data maintained by the office 11 of the assisted reproduction registrar and any agency, court or depart- 12 ment having appropriate records which will enable the commissioner to 13 effectuate the purposes of this section and may require the cooperation 14 of such agency, court or department in providing the information author- 15 ized to be released pursuant to this section, provided, however, that 16 the commissioner shall not have access to the actual records of any 17 agency, court or department maintaining such records. 18 3. The following persons and entities are required to register with 19 the assisted reproduction registry and to annually renew their registra- 20 tion in order to operate in the state: 21 (a) gamete banks, fertility clinics, other health care facilities, and 22 individual health care practitioner that or who provide assisted reprod- 23 uction services in the state; 24 (b) surrogacy programs, including surrogacy agreement coordinators, 25 that operate in the state or that provide services to residents of the 26 state; 27 (c) agents, gamete banks, fertility clinics, and other health care 28 facilities that provide third-party gamete provision services in the 29 state. 30 4. (a) At the time of execution of a surrogacy, including genetic 31 surrogacy, or third-party gamete provision agreement, or of receiving 32 assisted reproduction services, each intended parent, gamete provider, 33 and person acting as surrogate, as applicable, shall be given the choice 34 to register with the New York state assisted reproduction registry, or 35 to opt out of registering, in writing. The decision to opt-out cannot be 36 contractually determined by either the surrogacy, including genetic 37 surrogacy, or gamete provision agreement, and there shall be no consid- 38 eration given for the choice to register or to opt out. 39 (b) If an intended parent, gamete provider, or person acting as surro- 40 gate chooses to register: 41 (i) They will be able to request information, and receive medical and 42 research updates from the registry. 43 (ii) A gamete provider's identifying information will be provided to a 44 child conceived by assisted reproduction with their gametes if: 45 (A) the gamete provider has consented to disclose their identity 46 pursuant to section twenty-five hundred ninety-nine-jj of this article; 47 (B) the child requests the identifying information and has attained 48 eighteen years of age, or if the child has not attained eighteen years 49 of age, the child's parent requests the identifying information; and 50 (C) the child or the child's parent requesting the identifying infor- 51 mation is registered with the registry. 52 (c) If an intended parent, gamete provider, or person acting as surro- 53 gate chooses to opt out of registering: 54 (i) They will be unable to request information, or receive medical or 55 research updates from the registry.A. 9847 49 1 (ii) Clinical information related to assisted reproduction services, 2 third-party gamete provision, and surrogacy, including genetic surroga- 3 cy, will be submitted to the registry for research purposes. 4 (iii) A gamete provider's non-identifying medical information will be 5 provided to a child conceived by assisted reproduction with their 6 gametes if: 7 (A) the child requests the non-identifying medical information and has 8 attained sixteen years of age, or if the child has not attained sixteen 9 years of age, the child's parent requests the non-identifying medical 10 information; and 11 (B) the child or the child's parent requesting the non-identifying 12 medical information is registered with the registry. 13 (iv) A person acting as surrogate's identifying and non-identifying 14 medical information, as applicable, will be provided to a child they 15 gave birth to pursuant to a surrogacy or genetic surrogacy agreement if: 16 (A) the child requests the non-identifying medical information and has 17 attained sixteen years of age, or if the child has not attained sixteen 18 years of age, the child's parent requests the non-identifying medical 19 information; 20 (B) the child requests the identifying information and has attained 21 eighteen years of age, or if the child has not attained eighteen years 22 of age, the child's parent requests the identifying information; and 23 (C) the child or the child's parent requesting the non-identifying 24 medical or identifying information is registered with the registry. 25 (v) An intended parent, gamete provider, or person acting as surrogate 26 may submit their updated non-identifying medical information to the 27 registry at any time. 28 (vi) An intended parent, gamete provider, and person acting as surro- 29 gate may choose to register with the registry at any time in the future. 30 (d) A child conceived by assisted reproduction, with third-party 31 gametes, if applicable, and born through surrogacy, including genetic 32 surrogacy, if applicable, is not required to opt-out of registering with 33 the registry, and may submit their updated medical information to the 34 registry at any time, but is required to register in order to request 35 information, or to receive medical or research updates from the regis- 36 try. 37 5. The assisted reproduction registry shall collect and track data as 38 follows: 39 (a) The following clinical and participant data will be collected from 40 fertility clinics, other health care facilities, and health care practi- 41 tioners that provide assisted reproduction services to intended parents 42 not using surrogacy in New York state: 43 (i) the age and sex or gender of the intended parent receiving 44 assisted reproduction services and of their partner, if applicable, and 45 whether the partner's genetic material is being used; 46 (ii) the name of fertility clinic, other health care facility, or 47 health care practitioner that provided the assisted reproduction 48 services; 49 (iii) medication and insemination or embryo incubation/transfer proto- 50 cols, if applicable, for each cycle of ovarian stimulation for egg 51 retrieval or fertility treatment, artificial insemination, IUI, or IVF, 52 including any add-on IVF procedures; 53 (iv) any adverse reactions or health complications during the cycle, 54 and if the cycle had to be terminated; 55 (v) the number of eggs retrieved during the cycle, if applicable;A. 9847 50 1 (vi) the number of embryos transferred during the cycle, if applica- 2 ble; 3 (vii) whether the cycle resulted in a clinical pregnancy, and if so: 4 (A) the number of fetuses carried; 5 (B) the outcome of the pregnancy; and 6 (C) If the cycle resulted in a live birth, the number of children 7 born; and 8 (viii) if third-party gamete or embryo provision was used, whether the 9 gametes provided material was eggs, sperm, or embryos, and the identifi- 10 cation number of each gamete provider and the identification numbers of 11 the persons who provided genetic material for the embryo, as applicable. 12 (b) The following clinical and participant data will be collected from 13 gamete banks, fertility clinics and other health care facilities that 14 provide third-party gamete provision services in the state: 15 (i) gamete provider's name or identification number; 16 (ii) gamete provider age and sex or gender; 17 (iii) the name of gamete bank, fertility clinic or other health care 18 facility where gametes were provided; 19 (iv) injection and medication protocol for each cycle of ovarian stim- 20 ulation for purposes of egg retrieval; 21 (v) any adverse reactions or health complications during the cycle, 22 and if the cycle had to be terminated; 23 (vi) the number of eggs retrieved during the cycle; 24 (vii) for each egg provided, whether such egg: 25 (A) resulted in a clinical pregnancy and the outcome of that pregnan- 26 cy; 27 (B) was used for research; 28 (C) was disposed of; or 29 (D) was distributed to another intended parent as an egg or embryo. 30 (c) The following clinical and participant data will be collected from 31 surrogacy programs, fertility clinics, gamete banks and other entities 32 that provide services related to surrogacy, including genetic surrogac- 33 ty, agreements and provide surrogacy services in the state: 34 (i) the person acting as surrogate's identification number; 35 (ii) the person acting as surrogate's age and sex or gender; 36 (iii) the name of the surrogacy program handling the surrogacy, 37 including genetic surrogacy, agreement; 38 (iv) the name of the fertility clinic, other health care facility, or 39 health care practitioner providing assisted reproduction services; 40 (v) medication and insemination or embryo incubation/transfer proto- 41 cols, if applicable, for each cycle of ovarian stimulation for egg 42 retrieval or fertility treatment, artificial insemination, IUI, or IVF, 43 including any add-on IVF procedures; 44 (vi) any adverse reactions or health complications related to embryo 45 transfer, pregnancy, delivery, or the post-partum period; 46 (vii) the number of embryos transferred each cycle; 47 (viii) the number of embryo transfer cycles required for the person 48 acting as surrogate to become pregnant, if applicable; 49 (ix) the method of delivery of any children born through surrogacy, 50 including genetic surrogacy; 51 (x) number of fetuses carried and the number of children born; 52 (xi) the age and sex or gender of each intended parent; and 53 (xii) the zip code of each intended parent. 54 7. Within the department, access to registry data shall be limited to 55 employees designated by the commissioner and records and information 56 shall be kept strictly confidential except as specifically authorized byA. 9847 51 1 law. The commissioner shall establish rules and procedures designed to 2 keep such records and information separate and apart from other records 3 of the department and kept in a manner where access to such records and 4 information is strictly limited to such designated employees and shall 5 promulgate regulations designed to effectuate the purposes of this 6 section. 7 § 2599-ii. Third-party gamete provision and parentage. 1. The gamete 8 provider of sperm provided to a licensed individual health care practi- 9 tioner or to a gamete bank, fertility clinic or other health care facil- 10 ity for use in assisted reproduction by an intended parent other than 11 the gamete provider's spouse or intimate partner is treated in law as if 12 they were not the natural parent of a child thereby conceived, unless 13 otherwise agreed to in a written, notarized statement signed by the 14 sperm provider and the intended parent prior to conception by assisted 15 reproduction. 16 2. If the sperm provided by a sperm provider is not provided to a 17 licensed individual health care practitioner or to a gamete bank, 18 fertility clinic or other healthcare facility as specified in paragraph 19 (a) of this subdivision, the gamete provider of sperm for use in 20 assisted reproduction by an intended parent other than the gamete 21 provider's spouse or intimate partner is treated in law as if they were 22 not the natural parent of a child thereby conceived if either of the 23 following are met: 24 (a) The gamete provider and the intended parent agreed in a written, 25 notarized statement signed by the sperm provider and the intended parent 26 prior to conception by assisted reproduction that the gamete provider 27 would not be a parent. 28 (b) A court finds by clear and convincing evidence that the child was 29 conceived by assisted reproduction and that, prior to the conception of 30 the child, the intended parent and the gamete provider had an oral 31 agreement that the gamete provider would not be a parent. 32 3. Paragraphs (a) and (b) of subdivision two of this section do not 33 apply to a gamete provider who provided sperm for use in assisted 34 reproduction by an intended parent other than the gamete provider's 35 spouse or intimate partner pursuant to a written agreement signed by the 36 gamete provider and the intended parent prior to conception of the child 37 stating that they intended for the gamete provider to be a parent. 38 4. The gamete provider of ova for use in assisted reproduction by an 39 intended parent other than the gamete provider's spouse or intimate 40 partner is treated in law as if the gamete provider were not the natural 41 parent of a child thereby conceived unless the court finds satisfactory 42 evidence that the gamete provider and the intended parent intended for 43 the gamete provider to be a parent. 44 5. (a) An intended parent may, but is not required to, use the New 45 York state statutory forms for assisted reproduction set forth in this 46 section to demonstrate their intent to be a legal parent of a child 47 conceived by assisted reproduction. These forms shall satisfy the writ- 48 ten requirement specified in this section, and are designed to provide 49 clarity regarding the intentions, at the time of conception, of intended 50 parents using assisted reproduction. These forms do not affect any 51 presumptions of parentage based on article five-C of the family court 52 act, and do not preclude a court from considering any other claims to 53 parentage under New York state statute or case law. 54 (b) These forms apply only in very limited circumstances. Please read 55 the forms carefully to see if you qualify for use of the forms.A. 9847 52 1 (c) These forms do not apply to assisted reproduction agreements for 2 persons acting as surrogates or surrogacy, including genetic surrogacy, 3 agreements. 4 (d) Nothing in this section shall be interpreted to require the use of 5 one of these forms to satisfy the written requirement of this section. 6 (e) The following are the optional New York State Statutory Forms for 7 Assisted Reproduction: 8 New York Statutory Forms for Assisted Reproduction, Form 1: 9 Two Married or Unmarried People Using Assisted Reproduction to 10 Conceive a Child 11 Use this form if: You and another intended parent, who may be your 12 spouse, intimate partner or registered domestic partner, are conceiving 13 a child through assisted reproduction using sperm and/or egg provision; 14 and one of you will be giving birth. WARNING: Signing this form does not 15 terminate the parentage claim of a sperm provider. A sperm provider's 16 claim to parentage is terminated if the sperm is provided to a licensed 17 individual health care practitioner or to a gamete bank, fertility clin- 18 ic or other health care facility prior to insemination, or if you 19 conceive without having sexual intercourse and you have a written agree- 20 ment signed by you and the sperm or egg provider that you will conceive 21 using assisted reproduction and do not intend for the sperm or egg 22 provider to be a parent, as required by Section 2599-ii of the Public 23 Health Law. The laws about parentage of a child are complicated. You 24 are strongly encouraged to consult with an attorney about your rights. 25 Even if you do not fill out this form, a spouse or domestic partner of 26 the parent giving birth is presumed to be a legal parent of any child 27 born during the marriage or domestic partnership. ___________________________________ 28 This form demonstrates your intent to be parents of the child you plan 29 to conceive through assisted reproduction using sperm and/or egg 30 provision. 31 I, ____________________ (print name of person not giving birth), 32 intend to be a parent of a child that ____________________ (print name 33 of person giving birth) will or has conceived through assisted reprod- 34 uction using sperm and/or egg provision. I consent to the use of 35 assisted reproduction by the person who will give birth. I INTEND to be 36 a parent of the child conceived. 37 SIGNATURES 38 Intended parent who will give birth: ____________________ (print name) 39 _________________________________________ 40 (signature) _______________________(date) 41 Intended parent who will not give birth: ________________ (print name) 42 _________________________________________ 43 (signature) _______________________(date) 44 _______________________________________________ 45 NOTARY ACKNOWLEDGMENT 46 State of New York 47 County of ( ) 48 On ____________________ before me, ___________________________________ 49 (insert name and title of the officer) 50 personally appeared ___________________________, who proved to me on the 51 basis of satisfactory evidence to be the person(s) whose name(s) is/areA. 9847 53 1 subscribed to the within instrument and acknowledged to me that 2 he/she/they executed the same in his/her/their authorized capacity, and 3 that by his/her/their signature(s) on the instrument the person(s), or 4 the entity upon behalf of which the person(s) acted, executed the 5 instrument. I certify under PENALTY OF PERJURY under the laws of the 6 State of New York that the foregoing paragraph is true and correct. 7 WITNESS my hand and official seal. 8 Signature _______________________________ (Seal) ___________________________________ 9 New York Statutory Forms for Assisted Reproduction, Form 2: 10 Unmarried, Intended Parents Using Intended Parent's Sperm to Conceive 11 a Child 12 Use this form if: (1) Neither you nor the other person are married or 13 in a registered domestic partnership (including a registered domestic 14 partnership or civil union from another state); (2) one of you will give 15 birth to a child conceived through assisted reproduction using the 16 intended parent's sperm; and (3) you both intend to be parents of that 17 child. Do not use this form if you are conceiving using a person acting 18 as surrogate. 19 WARNING: If you do not sign this form, or a similar agreement, you may 20 be treated as a sperm provider if you conceive without having sexual 21 intercourse according to Section 2599-ii of the Public Health Law. The 22 laws about parentage of a child are complicated. You are strongly 23 encouraged to consult with an attorney about your rights. ___________________________________ 24 This form demonstrates your intent to be parents of the child you plan 25 to conceive through assisted reproduction using sperm provision. 26 I, ______________________ (print name of parent giving birth), plan to 27 use assisted reproduction with another intended parent who is providing 28 sperm to conceive the child. I am not married and am not in a registered 29 domestic partnership (including a registered domestic partnership or 30 civil union from another jurisdiction), and I INTEND for the person 31 providing sperm to be a parent of the child to be conceived. I, 32 ____________________ (print name of parent providing sperm), plan to use 33 assisted reproduction to conceive a child using my sperm with the parent 34 giving birth. I am not married and am not in a registered domestic part- 35 nership (including a registered domestic partnership or civil union from 36 another jurisdiction), and I INTEND to be a parent of the child to be 37 conceived. 38 SIGNATURES 39 Intended parent giving birth: _______________________________________ 40 (print name) ________________________ (signature) ______________(date) 41 Intended parent providing sperm: ____________________________________ 42 (print name) ________________________ (signature) ______________(date) 43 _______________________________________________ 44 NOTARY ACKNOWLEDGMENT 45 State of New York 46 County of ( ) 47 On ________________ before me, _____________________________ (insert 48 name and title of the _____ officer) personally appeared 49 ___________________________, who proved to me on the basis of satisfac-A. 9847 54 1 tory evidence to be the person(s) whose name(s) is/are subscribed to the 2 within instrument and acknowledged to me that he/she/they executed the 3 same in his/her/their authorized capacity, and that by his/her/their 4 signature(s) on the instrument the person(s), or the entity upon behalf 5 of which the person(s) acted, executed the instrument. I certify under 6 PENALTY OF PERJURY under the laws of the State of New York that the 7 foregoing paragraph is true and correct. 8 WITNESS my hand and official seal. 9 Signature _______________________________ (Seal) 10 _______________________________________________ 11 New York Statutory Forms for Assisted Reproduction, Form 3: 12 Intended Parents Conceiving a Child Using Eggs from One Parent and the 13 Other Parent Will Give Birth 14 Use this form if: (1) You are conceiving a child using the eggs from one 15 of you and the other person will give birth to the child; (2) and you 16 both intend to be parents to that child. Do not use this form if you are 17 conceiving using a surrogate. WARNING: Signing this form does not termi- 18 nate the parentage claim of a sperm donor. A sperm donor's claim to 19 parentage is terminated if the sperm is provided to a licensed physician 20 and surgeon or to a licensed sperm bank prior to insemination, or if you 21 conceive without having sexual intercourse and you have a written agree- 22 ment signed by you and the sperm provider that you will conceive using 23 assisted reproduction and do not intend for the sperm provider to be a 24 parent, as required by Section 2599-ii of the Public Health Law. The 25 laws about parentage of a child are complicated. You are strongly 26 encouraged to consult with an attorney about your rights. 27 _______________________________________________ 28 This form demonstrates your intent to be parents of the child you plan 29 to conceive through assisted reproduction using eggs from one parent and 30 the other parent will give birth to the child. 31 I, ____________________ (print name of parent giving birth), plan to 32 use assisted reproduction to conceive and give birth to a child with 33 another person who will provide eggs to conceive the child. I INTEND for 34 the person providing eggs to be a parent of the child to be conceived. 35 I, ____________________ (print name of parent providing eggs), plan to 36 use assisted reproduction to conceive a child with another person who 37 will give birth to the child conceived using my eggs. I INTEND to be a 38 parent of the child to be conceived. 39 SIGNATURES 40 Intended parent giving birth: _______________________________________ 41 (print name) ________________________ (signature) ______________(date) 42 Intended parent providing eggs: _____________________________________ 43 (print name) ________________________ (signature) ______________(date) 44 _______________________________________________ 45 NOTARY ACKNOWLEDGMENT 46 State of New York 47 County of ( ) 48 On _____ before me, _____________________________ (insert name and 49 title of the ________ officer) personally appeared 50 ___________________________, who proved to me on the basis of satisfac- 51 tory evidence to be the person(s) whose name(s) is/are subscribed to the 52 within instrument and acknowledged to me that he/she/they executed the 53 same in his/her/their authorized capacity, and that by his/her/their 54 signature(s) on the instrument the person(s), or the entity upon behalf 55 of which the person(s) acted, executed the instrument. I certify underA. 9847 55 1 PENALTY OF PERJURY under the laws of the State of New York that the 2 foregoing paragraph is true and correct. 3 WITNESS my hand and official seal. 4 Signature _______________________________ (Seal) 5 _______________________________________________ 6 New York Statutory Forms for Assisted Reproduction, Form 4: 7 Intended Parent(s) Using a Known Sperm and/or Egg Donor(s) to Conceive 8 a Child 9 Use this form if: You are using a known sperm and/or egg donor(s), or 10 embryo donation, to conceive a child and you do not intend for the 11 donor(s) to be a parent. Do not use this form if you are conceiving 12 using a surrogate. If you do not sign this form or a similar agreement, 13 your sperm donor may be treated as a parent unless the sperm is provided 14 to a licensed physician and surgeon or to a licensed sperm bank prior to 15 insemination, or a court finds by clear and convincing evidence that you 16 planned to conceive through assisted reproduction and did not intend for 17 the donor to be a parent, as required by Section 2599-ii of the Public 18 Health Law. If you do not sign this form or a similar agreement, your 19 egg donor may be treated as a parent unless a court finds that there is 20 satisfactory evidence that you planned to conceive through assisted 21 reproduction and did not intend for the donor to be a parent, as 22 required by Section 2599-ii of the Public Health Law. The laws about 23 parentage of a child are complicated. You are strongly encouraged to 24 consult with an attorney about your rights. 25 _______________________________________________ 26 This form demonstrates your intent that your sperm and/or egg or 27 embryo donor(s) will not be a parent or parents of the child you plan to 28 conceive through assisted reproduction. 29 I, ____________________ (print name of parent giving birth), plan to 30 use assisted reproduction to conceive using a sperm and/or egg donor(s) 31 or embryo donation, and I DO NOT INTEND for the sperm and/or egg or 32 embryo donor(s) to be a parent of the child to be conceived. (If appli- 33 cable) I, ____________________ (print name of sperm donor), plan to 34 donate my sperm to ____________________ (print name of parent giving 35 birth and second parent if applicable). I am not married and am not in a 36 registered domestic partnership (including a registered domestic part- 37 nership or a civil union from another jurisdiction) with 38 ____________________ (print name of parent giving birth), and I DO NOT 39 INTEND to be a parent of the child to be conceived. (If applicable) I, 40 ____________________ (print name of egg donor), plan to donate my ova to 41 ____________________ (print name of parent giving birth and second 42 parent if applicable). I am not married and am not in a registered 43 domestic partnership (including a registered domestic partnership or a 44 civil union from another jurisdiction) with ____________________ (print 45 name of parent giving birth), or any intimate and nonmarital relation- 46 ship with ____________________ (print name of parent giving birth) and I 47 DO NOT INTEND to be a parent of the child to be conceived. (If applica- 48 ble) I, ____________________ (print name of intended parent not giving 49 birth), INTEND to be a parent of the child that ____________________ 50 (print name of parent giving birth) will conceive through assisted 51 reproduction using sperm and/or egg donation and I DO NOT INTEND for the 52 sperm and/or egg or embryo donor(s) to be a parent. I consent to the use 53 of assisted reproduction by the person who will give birth. 54 SIGNATURES 55 Intended parent giving birth: ___________________ (print name) 56 ________________________ (signature) ____________(date) (If applicable)A. 9847 56 1 Sperm Donor: ___________________ (print name) ________________________ 2 (signature) _____________ (date) (If applicable) Egg Donor: 3 ___________________ (print name) ________________________ (signature) 4 ____________(date) (If applicable) 5 Intended parent not giving birth: ____________ (print name) 6 _________________________ (signature) ___________(date) 7 _______________________________________________ 8 NOTARY ACKNOWLEDGMENT 9 State of New York 10 County of( ) 11 On ____ before me, _____________________________ (insert name and title 12 of the ________ officer) personally appeared 13 ___________________________, who proved to me on the basis of satisfac- 14 tory evidence to be the person(s) whose name(s) is/are subscribed to the 15 within instrument and acknowledged to me that he/she/they executed the 16 same in his/her/their authorized capacity, and that by his/her/their 17 signature(s) on the instrument the person(s), or the entity upon behalf 18 of which the person(s) acted, executed the instrument. I certify under 19 PENALTY OF PERJURY under the laws of the State of New York that the 20 foregoing paragraph is true and correct. 21 WITNESS my hand and official seal. 22 Signature _______________________________ (Seal) 23 § 2599-jj. Gamete provider identity disclosure. 1. For purposes of 24 this section: 25 (a) "gamete provider," "third-party gamete provision," and "parent" 26 shall have the meaning as defined for those terms in section 581-102 of 27 the family court act; 28 (b) "entity" means an agent, gamete bank, fertility clinic, or other 29 facility that collects, processes, stores, freezes, distributes, or 30 conducts research on third-party gametes, or that recruits third-party 31 gamete providers or provides matching services; 32 (c) "identifying information" means the full name of the provider, the 33 provider's date of birth, and the permanent address or other contact 34 information, or both, given at the time of donation, or, if different, 35 the current address or other contact information, or both, of the donor 36 retained by an agent, gamete bank, and fertility clinic; and 37 (d) "medical information" means information regarding a present 38 illness of the third-party gamete provider, past illness of the third- 39 party gamete provider, and social, genetic, and family history of the 40 third-party gamete provider. 41 2. (a) An entity, licensed by the department and registered with the 42 office of the assisted reproduction registrar, shall collect and retain 43 from a gamete provider the gamete provider's identifying information and 44 medical information at the time a third-party gamete provision agreement 45 is executed. An entity that receives gametes from a third-party gamete 46 provider collected by another entity shall collect and retain the name, 47 address, telephone number, and email address of the entity from which 48 the third-party gametes were received. 49 (b) An entity shall disclose the information collected under subdivi- 50 sion one as provided in this section. 51 (c) This subdivision does not apply to gametes collected from a gamete 52 provider whose identity is known to the recipient of the gametes at the 53 time of the third-party gamete provision. 54 (d) This subdivision shall apply only to third-party gametes collected 55 on or after January first, two thousand twenty-one.A. 9847 57 1 3. (a) An entity that collects third-party gametes from a gamete 2 provider shall do all of the following: 3 (i) provide the gamete provider with information in a record about the 4 gamete provider's choice regarding identity disclosure; 5 (ii) obtain a declaration in writing from the gamete provider regard- 6 ing identity disclosure; 7 (iii) maintain identifying information and medical information for 8 each third-party gamete provider. The entity shall maintain records of 9 gamete screening and testing and comply with reporting requirements, in 10 accordance with federal law and applicable law of this state other than 11 this chapter; and 12 (iv) Submit the third-party gamete provider's signed declaration, 13 identifying information, and medical information, and the name, address, 14 telephone number, and email address of the entity that collected the 15 gametes, if the entity received the gametes from the entity that 16 collected the gametes, to the office of the assisted reproduction 17 registrar. 18 (b) An entity shall give a gamete provider the choice to sign a decla- 19 ration, attested by a notary or witnessed, that does either of the 20 following: 21 (i) states that the third-party gamete provider agrees to disclose 22 their identity to a child conceived by assisted reproduction with the 23 gamete provider's gametes, on request, once the child attains eighteen 24 years of age; or 25 (ii) states that the third-party gamete provider does not agree pres- 26 ently to disclose the gamete provider's identity to the child. 27 (c) An entity shall permit a third-party gamete provider who has 28 signed a declaration that the gamete provider does not agree to disclose 29 the gamete provider's identity under paragraph (a) of subdivision two of 30 this section to withdraw the declaration at any time by signing a decla- 31 ration that the gamete provider agrees to disclose the third-party 32 gamete provider's identity under paragraph (a) of subdivision two of 33 this section. 34 (d) An entity is not required to collect gametes from a third-party 35 gamete provider who does not agree to disclose the third-party gamete 36 provider's identity under paragraph (a) of subdivision two of this 37 section. 38 (e) This subdivision does not apply to gametes collected from a third- 39 party gamete provider whose identity is known to the recipient of the 40 gametes at the time of the third-party gamete provision. 41 (f) This subdivision shall apply only to gametes collected on or after 42 January first, two thousand twenty-one. 43 4. (a) Requests for a third-party gamete provider identifying informa- 44 tion are to be submitted to the office of the assisted reproduction 45 registrar. 46 (b) On request of a child conceived by assisted reproduction using 47 third-party gametes who attains eighteen years of age, the office of the 48 assisted reproduction registrar shall provide the child, once registered 49 with the assisted reproduction registry, with identifying information of 50 the third-party gamete provider who provided the third-party gametes, 51 provided that the third-party gamete provider is registered with the 52 assisted reproduction registry, unless the gamete provider signed and 53 did not withdraw a declaration under paragraph (c) of subdivision three 54 of this section. If the third-party gamete provider signed and did not 55 withdraw the declaration, the office of the assisted reproduction 56 registrar shall make a good faith effort to notify the third-partyA. 9847 58 1 gamete provider, who may elect to withdraw the declaration under para- 2 graph (c) of subdivision three of this section and agree to release the 3 third-party gamete provider's identifying information. 4 (c) If an entity received third-party gametes from another entity that 5 collected the third-party gametes, on request of a child conceived by 6 assisted reproduction with third-party gametes who attains eighteen 7 years of age, the office of the assisted reproduction registrar shall 8 disclose the name, address, telephone number, and email address of the 9 entity that collected the third-party gametes. 10 (d) Regardless whether a gamete provider signed a declaration under 11 paragraph (c) of subdivision three of this section, on request from a 12 child conceived by assisted reproduction with third-party gametes who 13 attains sixteen years of age, or, if the child is a minor, by a parent 14 or guardian of the child, the office of the assisted reproduction 15 registrar shall provide the child or, if the child is under sixteen, the 16 parent or guardian of the child, access to nonidentifying medical infor- 17 mation provided by the third-party gamete provider. 18 (e) This subdivision does not apply to third-party gametes collected 19 from a gamete provider whose identity is known to the recipient of the 20 third-party gametes at the time of the third-party gamete provision. 21 (f) This subdivision shall apply only to gametes collected on or after 22 January first, two thousand twenty-one. 23 5. Access to gamete provider identifying information. All records and 24 information specified in this article shall be available only to 25 parents, the child, the local child support agency, the county welfare 26 department, the county counsel, the department, and the courts, or upon 27 order of a court of record. 28 § 11. Severability. If any clause, sentence, paragraph, section or 29 part of this act shall be adjudged by any court of competent jurisdic- 30 tion to be invalid and after exhaustion of all further judicial review, 31 the judgment shall not affect, impair or invalidate the remainder there- 32 of, but shall be confined in its operation to the clause, sentence, 33 paragraph, section or part of this act directly involved in the contro- 34 versy in which the judgment shall have been rendered. 35 § 12. This act shall take effect on the one hundred twentieth day 36 after it shall have become a law. Effective immediately, the addition, 37 amendment and/or repeal of any rule or regulation necessary for the 38 implementation of this act on its effective date are authorized to be 39 made and completed on or before such date.