•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S07717 Summary:

BILL NOS07717
 
SAME ASSAME AS A09847
 
SPONSORKRUEGER
 
COSPNSR
 
MLTSPNSR
 
Add Art 5-C Parts 1 - 10 581-101 - 581-1004, Fam Ct Act; rpld 73, 122 & 123, amd 121 & 124, Art 8 Art Head, add 122, Dom Rel L; amd 4135-b, add Art 25-B 2599-cc - 2599-jj, Pub Health L; add Art 44 1400 - 1405, Gen Bus L
 
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.
Go to top

S07717 Memo:

Memo not available
Go to top

S07717 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7717
 
                    IN SENATE
 
                                    February 11, 2020
                                       ___________
 
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed 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.
                                                                   LBD14764-03-0

        S. 7717                             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.

        S. 7717                             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-

        S. 7717                             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  governmental

        S. 7717                             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 written

        S. 7717                             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-

        S. 7717                             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;

        S. 7717                             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; or

        S. 7717                             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 may

        S. 7717                            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.

        S. 7717                            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; and

        S. 7717                            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.

        S. 7717                            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:

        S. 7717                            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; and

        S. 7717                            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, or

        S. 7717                            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 consenting

        S. 7717                            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, and

        S. 7717                            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.

        S. 7717                            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 by

        S. 7717                            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 medical

        S. 7717                            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 gamete

        S. 7717                            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.

        S. 7717                            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.

        S. 7717                            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.

        S. 7717                            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.

        S. 7717                            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  genetic

        S. 7717                            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  and

        S. 7717                            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  or
    51  subject matter manifestly requires a different interpretation:
    52    1. "Birth mother" shall mean a woman who gives birth to a child pursu-
    53  ant to a surrogate parenting contract.

        S. 7717                            29

     1    2. "Genetic  father" shall mean a man who provides sperm for the birth
     2  of a child born pursuant to a surrogate parenting contract.
     3    3. "Genetic  mother"  shall  mean a woman who provides an ovum for the
     4  birth of a child born pursuant to a surrogate parenting contract.
     5    4. "Surrogate parenting contract" shall mean any  agreement,  oral  or
     6  written, in which:
     7    (a)  a  woman  agrees either to be inseminated with the sperm of a man
     8  who is not her husband or to be impregnated with an embryo that  is  the
     9  product  of  an  ovum  fertilized with the sperm of a man who is not her
    10  husband; and
    11    (b) the woman agrees to, or intends to, surrender or  consent  to  the
    12  adoption of the child born as a result of such insemination or impregna-
    13  tion.]  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  surrogacy

        S. 7717                            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.

        S. 7717                            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 have

        S. 7717                            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  waive

        S. 7717                            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:

        S. 7717                            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  the

        S. 7717                            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-
    29  er]  person  acting  as  surrogate and [(i) the genetic father, (ii) the
    30  genetic mother, (iii) both the genetic father  and  genetic  mother,  or
    31  (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:

        S. 7717                            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-
    13  ty] 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 and

        S. 7717                            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-
    35  ty] 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;

        S. 7717                            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 putative
    48  father] 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-

        S. 7717                            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-
     8  nity] 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-
    18  tive  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  thereafter

        S. 7717                            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,

        S. 7717                            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:

        S. 7717                            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;

        S. 7717                            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; and

        S. 7717                            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 information

        S. 7717                            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:

        S. 7717                            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.

        S. 7717                            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.    The

        S. 7717                            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.

        S. 7717                            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;

        S. 7717                            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 by

        S. 7717                            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.

        S. 7717                            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/are

        S. 7717                            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-

        S. 7717                            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 under

        S. 7717                            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)

        S. 7717                            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.

        S. 7717                            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-party

        S. 7717                            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.
Go to top