Bill Text: NY A01071 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to judgments of parentage for children conceived through assisted reproduction or pursuant to surrogacy agreements; restricts genetic surrogate parenting contracts; regulates surrogacy programs; repeals provisions relating to the legitimacy of children born by artificial insemination.

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Introduced) 2019-06-10 - print number 1071c [A01071 Detail]

Download: New_York-2019-A01071-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1071--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. PAULIN, ZEBROWSKI, WEPRIN, GALEF, JAFFEE, OTIS,
          COOK, STIRPE, BENEDETTO, BRONSON, MOSLEY, ORTIZ,  DINOWITZ,  L. ROSEN-
          THAL,   STECK,   HEVESI,   SIMON,  WOERNER,  SOLAGES,  CARROLL,  FAHY,
          SEAWRIGHT, DE LA ROSA, ROZIC, SIMOTAS,  LAVINE,  EPSTEIN,  DICKENS  --
          Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GOTTFRIED, PEOPLES-STOKES,
          THIELE  --  read  once  and  referred to the Committee on Judiciary --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN  ACT  to  amend the family court act, in relation to establishing the
          child-parent security act; to amend the  domestic  relations  law,  in
          relation to surrogate parenting agreements; to amend the public health
          law,  in  relation  to  voluntary  acknowledgments of parentage and to
          repeal section 73 of the domestic relations law, relating to legitima-
          cy of children born by artificial insemination
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The family court act is amended by adding a new article 5-C
     2  to read as follows:
     3                                  ARTICLE 5-C
     4                          CHILD-PARENT SECURITY ACT
     5  PART 1. General provisions (581-101 - 581-103)
     6       2. Judgment of parentage (581-201 - 581-206)
     7       3. Child of assisted reproduction (581-301 - 581-307)
     8       4. Gestational agreement (581-401 - 581-408)
     9       5. Payment to donors and gestational carriers (581-501 - 581-502)
    10       6. Miscellaneous provisions (581-601 - 581-604)
    11                                   PART 1
    12                             GENERAL PROVISIONS
    13  Section 581-101. Short title.
    14          581-102. Purpose.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01279-04-9

        A. 1071--A                          2
     1          581-103. Definitions.
     2    §  581-101.  Short title. This article shall be known and may be cited
     3  as the "child-parent security act".
     4    § 581-102. Purpose. The purpose of this article is to  legally  estab-
     5  lish  a  child's  relationship  to his or her parents where the child is
     6  conceived through assisted reproduction except for children  born  to  a
     7  surrogate who contributed the gametes used in conception.
     8    § 581-103. Definitions.  (a) "Assisted reproduction" means a method of
     9  causing  pregnancy other than sexual intercourse and includes but is not
    10  limited to:
    11    1. intrauterine or vaginal insemination;
    12    2. donation of gametes;
    13    3. donation of embryos;
    14    4. in vitro fertilization and transfer of embryos; and
    15    5. intracytoplasmic sperm injection.
    16    (b) "Child" means a live born individual of any  age  whose  parentage
    17  may be determined under this act or other law.
    18    (c)  "Compensation"  means  payment  of any valuable consideration for
    19  time, effort, pain and/or risk to health in excess of reasonable medical
    20  and ancillary costs.
    21    (d) "Donor" means an individual who does not intend to be a parent who
    22  produces gametes and provides them to another  person,  other  than  the
    23  individual's  spouse,  for  use in assisted reproduction.  The term does
    24  not include a person who is a parent under part three of  this  article.
    25  Donor  also  includes  an individual who had dispositional control of an
    26  embryo who then transfers dispositional  control  and  relinquishes  all
    27  present  and future parental and inheritance rights and obligations to a
    28  resulting child.
    29    (e) "Embryo" means a cell or  group  of  cells  containing  a  diploid
    30  complement  of  chromosomes  or  group  of  such  cells, not a gamete or
    31  gametes, that has the potential to develop into a live born human  being
    32  if  transferred  into  the  body  of  a  woman under conditions in which
    33  gestation may be reasonably expected to occur.
    34    (f) "Embryo transfer" means all medical and laboratory procedures that
    35  are necessary to effectuate the transfer of an embryo into  the  uterine
    36  cavity.
    37    (g)  "Gamete" means a cell containing a haploid complement of DNA that
    38  has the potential to form an embryo when combined with  another  gamete.
    39  Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one
    40  human  being  combined with the cytoplasm, including cytoplasmic DNA, of
    41  another human being.
    42    (h) "Gestational agreement" is a contract between an  intended  parent
    43  and  a  gestational carrier intended to result in a live birth where the
    44  child will be the legal child of the intended parents.
    45    (i) "Gestational carrier"  means  an  adult  person  not  an  intended
    46  parent, who enters into a gestational agreement to bear a child who will
    47  be  the  legal  child  of  the  intended  parent  so long as she has not
    48  provided the egg used to conceive the resulting child.
    49    (j) "Gestational carrier arrangement" means the  process  by  which  a
    50  gestational  carrier attempts to carry and give birth to a child created
    51  through assisted reproduction so long as the gestational carrier has not
    52  provided the egg used to conceive the resulting child.
    53    (k) "Health care practitioner" means an individual licensed or  certi-
    54  fied  under  title  eight  of the education law acting within his or her
    55  scope of practice.

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

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

        A. 1071--A                          5
     1  sperm  provider's intent to parent, the sperm provider is presumed to be
     2  a donor and notice is not required.
     3    (e) In cases not covered by subdivision (d) of this section, the court
     4  shall  adjudicate  the parentage of the child consistent with part three
     5  of this article.
     6    (f) Where a petition for parentage demonstrates  the  consent  of  the
     7  intended  parent  to  assisted reproduction pursuant to sections 581-303
     8  and 581-304 of this article, the donative intent pursuant  to  paragraph
     9  four  of  subdivision  (c) of this section of the gamete or embryo donor
    10  and that the pregnancy resulted from assisted  reproduction,  the  court
    11  shall issue a judgment of parentage:
    12    (1)  declaring,  that upon the birth of the child, the intended parent
    13  is the legal parent of the child; and
    14    (2) ordering the intended parent  to  assume  responsibility  for  the
    15  maintenance  and  support of the child immediately upon the birth of the
    16  child; and
    17    (3) ordering that upon the birth of the child, a copy of the  judgment
    18  of  parentage be served on the (i) department of health or New York city
    19  department of mental health and hygiene, or (ii) registrar of births  in
    20  the  hospital  where  the  child is born and directing that the hospital
    21  report the parentage of the  child  to  the  appropriate  department  of
    22  health  in conformity with the court order. If an original birth certif-
    23  icate has already issued, the court shall issue an order  directing  the
    24  appropriate  department  of  health to amend the birth certificate in an
    25  expedited manner and seal the previously issued birth certificate.
    26    § 581-203. Proceeding for judgment of parentage of a  child  conceived
    27  pursuant  to  a gestational carrier arrangement.  (a) The proceeding may
    28  be commenced at any  time  after  the  gestational  agreement  has  been
    29  executed  by  all of the parties. Any party to the gestational agreement
    30  not joining in the petition must be served with notice of  the  proceed-
    31  ing.  Failure to respond to the notice shall be considered a default and
    32  no further notice shall be required.
    33    (b) The petition for a judgment of  parentage  must  be  verified  and
    34  include the following:
    35    (1)  a  statement  that the gestational carrier or the intended parent
    36  has been a resident of the state for at least ninety days  at  the  time
    37  the gestational agreement was executed; and
    38    (2)  a  certification  from the attorneys representing the petitioners
    39  that the requirements of part four of this article have been met; and
    40    (3) a statement from the parties that they entered into the gestation-
    41  al agreement knowingly and voluntarily.
    42    (c) Where a petition satisfies subdivision (b)  of  this  section  the
    43  court   shall   issue   a  judgment  of  parentage,  without  additional
    44  proceedings or documentation:
    45    (1) declaring, that upon the birth of the child born during  the  term
    46  of the gestational agreement, the intended parent is the legal parent of
    47  the child; and
    48    (2)  declaring,  that upon the birth of the child born during the term
    49  of the gestational agreement, the gestational carrier,  and  the  gesta-
    50  tional  carrier's  spouse, if any, is not the legal parent of the child;
    51  and
    52    (3) ordering the gestational carrier  and  the  gestational  carrier's
    53  spouse, if any, to transfer the child to the intended parent if this has
    54  not already occurred; and

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

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

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     1  parent for any purpose including  support  obligations  but  the  embryo
     2  transfer may still proceed.
     3    (d)  An  embryo disposition agreement or advance directive that is not
     4  in compliance with subdivision (a) of this section may still be found to
     5  be enforceable by the court after balancing the respective interests  of
     6  the  parties except that the intended parent who divested him or herself
     7  of legal rights and dispositional control may not be declared  to  be  a
     8  parent  for  any  purpose without his or her consent. The parent awarded
     9  legal rights and dispositional control of the  embryos  shall,  in  this
    10  instance, be declared to be the only parent of the child.
    11    §  581-307.  Effect of death of intended parent.  If an individual who
    12  consented in a record to be  a  parent  by  assisted  reproduction  dies
    13  before  the transfer of eggs, sperm, or embryos, the deceased individual
    14  is not a parent of the resulting child unless  the  deceased  individual
    15  consented in a signed record that if assisted reproduction were to occur
    16  after  death,  the  deceased  individual would be a parent of the child,
    17  provided that the record complies with the estates,  powers  and  trusts
    18  law.
    19                                   PART 4
    20                            GESTATIONAL AGREEMENT
    21  Section 581-401. Gestational agreement authorized.
    22          581-402. Eligibility.
    23          581-403. Requirements of gestational agreement.
    24          581-404. Termination of gestational agreement.
    25          581-405. Gestational  agreement:  effect  of  subsequent spousal
    26                     relationship.
    27          581-406. Insufficient gestational agreement.
    28          581-407. Absence of gestational agreement.
    29          581-408. Dispute as to gestational agreement.
    30    § 581-401. Gestational agreement authorized.   (a) If  eligible  under
    31  this article to enter into a gestational agreement, a gestational carri-
    32  er,  the  gestational  carrier's  spouse if applicable, and the intended
    33  parent may enter into a gestational agreement which will be  enforceable
    34  provided  the gestational agreement meets the requirements of this arti-
    35  cle.
    36    (b) A gestational agreement shall not apply to the birth  of  a  child
    37  conceived by means of sexual intercourse.
    38    (c)  A  gestational  agreement may provide for payment of compensation
    39  under part five of this article.
    40    § 581-402. Eligibility.  (a) A gestational carrier shall  be  eligible
    41  to enter into an enforceable gestational agreement under this article if
    42  the  gestational  carrier has met the following requirements at the time
    43  the gestational agreement is executed:
    44    (1) the gestational carrier is at least twenty-one years of age; and
    45    (2) the gestational carrier has not provided the egg used to  conceive
    46  the resulting child; and
    47    (3)  the gestational carrier has completed a medical evaluation with a
    48  health care practitioner relating to the anticipated pregnancy; and
    49    (4) the gestational carrier, and the gestational carrier's  spouse  if
    50  applicable  have  been represented by independent legal counsel of their
    51  own choosing which may be paid for by the  intended  parent  or  parents
    52  regarding the terms of the gestational agreement and the potential legal
    53  consequences of the gestational carrier arrangement; and
    54    (5)  the  gestational carrier has, or the gestational agreement stipu-
    55  lates that prior to the embryo transfer, the  gestational  carrier  will

        A. 1071--A                          9
     1  obtain,  a  health insurance policy that covers major medical treatments
     2  and hospitalization, and the health insurance policy  has  a  term  that
     3  extends throughout the duration of the expected pregnancy and for twelve
     4  weeks  after the birth of the child; the policy may be procured and paid
     5  for by the intended parents on behalf of the gestational carrier  pursu-
     6  ant to the gestational agreement.
     7    (b) The intended parent shall be eligible to enter into an enforceable
     8  gestational  agreement  under  this article if he, she, or they have met
     9  the following requirements at the time  the  gestational  agreement  was
    10  executed:
    11    (1)  the  intended  parent  has  been represented by independent legal
    12  counsel of his or her own choosing regarding the terms of the gestation-
    13  al agreement and the potential legal  consequences  of  the  gestational
    14  carrier arrangement; and
    15    (2) he or she is an adult person who is not in a spousal relationship,
    16  or  adult  spouses together, or any two adults who are intimate partners
    17  together, except an adult in a spousal relationship is eligible to enter
    18  into an enforceable gestational agreement without his or her spouse if:
    19    (i) they are living separate and apart pursuant to a decree  or  judg-
    20  ment  of  separation  or  pursuant  to a written agreement of separation
    21  subscribed by the parties thereto and acknowledged or proved in the form
    22  required to entitle a deed to be recorded; or
    23    (ii) they have been living separate and apart for at least three years
    24  prior to execution of the gestational agreement.
    25    (3) where the spouse is not a required party  to  the  agreement,  the
    26  spouse  is  not  an  intended  parent and shall not have rights or obli-
    27  gations to the child.
    28    § 581-403. Requirements of gestational agreement.  (a)  A  gestational
    29  agreement  shall  be  deemed  to have satisfied the requirements of this
    30  article and be enforceable if it meets the following requirements:
    31    (1) it shall be in a signed record verified by:
    32    (i) the intended parents, and
    33    (ii) the gestational carrier, and the gestational carrier's spouse  if
    34  any, unless;
    35    (A)  the  gestational carrier and the gestational carrier's spouse are
    36  living separate and apart pursuant to a decree or judgment of separation
    37  or pursuant to a written  agreement  of  separation  subscribed  by  the
    38  parties thereto and acknowledged or proved in the form required to enti-
    39  tle a deed to be recorded; or
    40    (B) have been living separate and apart for at least three years prior
    41  to execution of the gestational agreement; and
    42    (2) it shall be executed prior to the embryo transfer; and
    43    (3)  it  shall be executed by a gestational carrier meeting the eligi-
    44  bility requirements of subdivision (a) of section 581-402 of  this  part
    45  and  by  the gestational carrier's spouse, unless the gestational carri-
    46  er's spouse's signature is not required as set forth  in  this  section;
    47  and
    48    (4)  it  shall be executed by intended parents meeting the eligibility
    49  requirements of subdivision (b) of section 581-402 of this part; and
    50    (5) the gestational carrier and the gestational  carrier's  spouse  if
    51  applicable and the intended parents shall have been represented by sepa-
    52  rate,  independent  legal  counsel  of their own choosing in all matters
    53  concerning the gestational agreement; and
    54    (6) if the gestational agreement provides for the payment  of  compen-
    55  sation to the gestational carrier, those funds shall have been placed in
    56  escrow  with an independent escrow agent prior to the gestational carri-

        A. 1071--A                         10
     1  er's commencement of any medical procedure  other  than  medical  evalu-
     2  ations necessary to determine the gestational carrier's eligibility; and
     3    (7)  the gestational agreement must include information disclosing how
     4  the intended parents will cover the medical expenses of the  gestational
     5  carrier  and  the  child.  If  health care coverage is used to cover the
     6  medical expenses, the disclosure shall include a review  of  the  health
     7  care policy provisions related to coverage for the gestational carrier's
     8  pregnancy,  including any possible liability of the gestational carrier,
     9  third-party liability liens or other insurance coverage, and any  notice
    10  requirements  that could affect coverage or liability of the gestational
    11  carrier.
    12    (8) the gestational agreement must include the following terms:
    13    (i) As to  the  gestational  carrier  and  the  gestational  carrier's
    14  spouse, if applicable:
    15    (A)  the agreement of the gestational carrier to undergo embryo trans-
    16  fer and attempt to carry and give birth to the child; and
    17    (B) the agreement of  the  gestational  carrier  and  the  gestational
    18  carrier's  spouse,  if applicable, to surrender custody of all resulting
    19  children to the intended parent immediately upon the birth; and
    20    (C) the name of the attorney representing the gestational carrier and,
    21  if applicable, her spouse; and
    22    (D) the agreement that the right of the gestational  carrier  to  make
    23  all health and welfare decisions regarding herself and her pregnancy and
    24  to  utilize  the  services of a health care practitioner of her choosing
    25  may not be limited; and
    26    (E) the agreement that the right of the gestational carrier to  termi-
    27  nate  the  pregnancy  or  reduce the number of fetuses or embryos she is
    28  carrying may not be limited; and
    29    (F) the right of the gestational carrier to obtain  a  life  insurance
    30  policy  designating the beneficiary of her choice which will be paid for
    31  by the intended parent; and
    32    (G) the right of the gestational carrier, at her  request,  to  obtain
    33  counseling  to  address  issues  resulting from her participation in the
    34  gestational carrier arrangement. The cost of that  counseling  shall  be
    35  paid by the intended parents.
    36    (ii) As to the intended parent or parents:
    37    (A)  the  agreement  to accept custody of all resulting children imme-
    38  diately upon birth regardless of number, gender, or mental  or  physical
    39  condition; and
    40    (B)  the  agreement  to  assume  responsibility for the support of the
    41  child immediately upon the child's birth; and
    42    (C) the name of the attorney representing the gestational carrier and,
    43  if applicable, her spouse; and
    44    (D) the agreement that the rights  and  obligations  of  the  intended
    45  parent under the gestational agreement are not assignable; and
    46    (E)  the  agreement of the intended parent to execute a will, prior to
    47  the embryo transfer, designating a guardian for the child who is author-
    48  ized to perform the intended parent's obligations pursuant to the gesta-
    49  tional agreement.
    50    § 581-404. Termination of gestational agreement. After  the  execution
    51  of  a  gestational  agreement but before the gestational carrier becomes
    52  pregnant by means of assisted reproduction, the gestational carrier, the
    53  gestational carrier's spouse, if applicable, or any intended parent  may
    54  terminate the gestational agreement by giving notice of termination in a
    55  record  to all other parties. Upon proper termination of the gestational
    56  agreement the parties are released from all obligations recited  in  the

        A. 1071--A                         11
     1  gestational  agreement except that the intended parent remains responsi-
     2  ble for all expenses that are reimbursable  under  the  agreement  which
     3  have been incurred by the gestational carrier through the date of termi-
     4  nation. Unless the agreement provides otherwise, the gestational carrier
     5  is  entitled  to  keep  all  payments  she  has  received and obtain all
     6  payments to which she is entitled up  until  the  date  of  termination.
     7  Neither  a prospective gestational carrier nor the gestational carrier's
     8  spouse, if any, is liable to  the  intended  parent  for  terminating  a
     9  gestational agreement as provided in this section.
    10    § 581-405. Gestational   agreement:   effect   of  subsequent  spousal
    11  relationship. (a) After the execution of a gestational  agreement  under
    12  this  article,  the  subsequent  spousal relationship of the gestational
    13  carrier does not affect the validity of  a  gestational  agreement,  the
    14  gestational  carrier's  spouse's  consent  to the agreement shall not be
    15  required, and the gestational carrier's spouse shall not be the presumed
    16  parent of the resulting child.
    17    (b) The subsequent separation or divorce of the intended parents  does
    18  not  affect  the  rights,  duties  and  responsibilities of the intended
    19  parents as outlined in the gestational agreement.
    20    § 581-406. Insufficient gestational agreement. If a gestational agree-
    21  ment does not meet the material requirements of this article, the agree-
    22  ment is not enforceable and the court shall determine parentage based on
    23  the intent of the parties, taking into account the best interests of the
    24  child.
    25    § 581-407. Absence of gestational agreement. Where there is no  gesta-
    26  tional agreement, the parentage of the child will be determined based on
    27  the  best  interests  of the child taking into account the intent of the
    28  parties. An intended parent's absence of genetic connection to the child
    29  is not a sufficient basis to deny that individual a  judgment  of  legal
    30  parentage.
    31    § 581-408. Dispute as to gestational agreement.  (a) Any dispute which
    32  is  related to a gestational agreement other than disputes as to parent-
    33  age shall be resolved by the supreme court, which  shall  determine  the
    34  respective rights and obligations of the parties.
    35    (b)  Except  as  expressly  provided in the gestational agreement, the
    36  intended parent and the gestational carrier shall  be  entitled  to  all
    37  remedies available at law or equity in any dispute related to the gesta-
    38  tional agreement.
    39    (c)  There  shall  be  no  specific performance remedy available for a
    40  breach by the gestational carrier of a gestational agreement  term  that
    41  requires  the  gestational carrier to be impregnated or to terminate the
    42  pregnancy or to reduce the number of fetuses or embryos the  gestational
    43  carrier is carrying.
    44                                   PART 5
    45                 PAYMENT TO DONORS AND GESTATIONAL CARRIERS
    46  Section 581-501. Reimbursement.
    47          581-502. Compensation.
    48    §  581-501.  Reimbursement.   (a) A donor who has entered into a valid
    49  agreement to be a donor, may  receive  reimbursement  from  an  intended
    50  parent  for  economic  losses  incurred  in connection with the donation
    51  which result from the retrieval or storage of gametes or embryos.
    52    (b) Premiums paid  for  insurance  against  economic  losses  directly
    53  resulting  from  the  retrieval  or  storage  of  gametes or embryos for
    54  donation may be reimbursed.

        A. 1071--A                         12
     1    § 581-502. Compensation.  (a) Compensation may be paid to a  donor  or
     2  gestational  carrier based on medical risks, physical discomfort, incon-
     3  venience and the responsibilities they  are  undertaking  in  connection
     4  with their participation in the assisted reproduction.  Under no circum-
     5  stances  may  compensation  be paid to purchase gametes or embryos or to
     6  pay for the relinquishment of a parental interest in a child.
     7    (b) The compensation, if any, paid to a donor or  gestational  carrier
     8  must be reasonable and negotiated in good faith between the parties, and
     9  said  payments to a gestational carrier shall not exceed the duration of
    10  the pregnancy and recuperative period of up to  eight  weeks  after  the
    11  birth of the child.
    12    (c)  Compensation may not be conditioned upon the purported quality or
    13  genome-related traits of the gametes or embryos.
    14    (d) Compensation may not be conditioned on actual genotypic or  pheno-
    15  typic characteristics of the donor or of the child.
    16                                   PART 6
    17                          MISCELLANEOUS PROVISIONS
    18  Section 581-601. Remedial.
    19          581-602. Severability.
    20          581-603. Parent  under section seventy of the domestic relations
    21                     law.
    22          581-604. Interpretation.
    23    § 581-601. Remedial.   This legislation is hereby  declared  to  be  a
    24  remedial  statute and is to be construed liberally to secure the benefi-
    25  cial interests and purposes thereof for the best interests of the child.
    26    § 581-602. Severability.  The invalidation of any part of this  legis-
    27  lation  by  a  court  of  competent jurisdiction shall not result in the
    28  invalidation of any other part.
    29    § 581-603. Parent under section seventy of the domestic relations law.
    30  The term "parent" in section seventy of the domestic relations law shall
    31  include a person established to be a parent under this  article  or  any
    32  other relevant law.
    33    § 581-604. Interpretation.  Unless  the  context  indicates otherwise,
    34  words importing the singular  include  and  apply  to  several  persons,
    35  parties, or things; words importing the plural include the singular.
    36    § 2. Section 73 of the domestic relations law is REPEALED.
    37    §  3.  Section  121 of the domestic relations law, as added by chapter
    38  308 of the laws of 1992, is amended to read as follows:
    39    § 121. Definitions. When used in this article, unless the  context  or
    40  subject matter manifestly requires a different interpretation:
    41    1. "[Birth  mother]  Genetic  surrogate"  shall mean a woman who gives
    42  birth to a child who is  her  genetic  child  pursuant  to  a  surrogate
    43  parenting [contract] agreement.
    44    2. "[Genetic  father]  Intended parent" shall mean a [man who provides
    45  sperm for the birth of a child born pursuant to  a  surrogate  parenting
    46  contract.
    47    3. "Genetic  mother"  shall  mean a woman who provides an ovum for the
    48  birth of a child born pursuant to a surrogate parenting contract] person
    49  who enters into a surrogate parenting agreement with the  intent  to  be
    50  the legal parent of the child born to the genetic surrogate.
    51    [4.]  3. "Surrogate  parenting  [contract]  agreement"  shall mean any
    52  agreement, oral or written, in which:
    53    (a) a [woman] genetic surrogate agrees either to be  inseminated  with
    54  the  sperm  of  a  [man] person who is not her [husband] spouse or to be
    55  impregnated with an embryo that is  the  product  of  [an]  the  genetic

        A. 1071--A                         13
     1  surrogate's  ovum fertilized with the sperm of a [man] person who is not
     2  her [husband] spouse; and
     3    (b) the [woman] genetic surrogate agrees [to, or intends to, surrender
     4  or  consent  to the adoption of] that the child born as a result of such
     5  insemination or impregnation will be the legal  child  of  the  intended
     6  parents and that she will not have any parental rights to said child.
     7    §  4.  Section  122 of the domestic relations law, as added by chapter
     8  308 of the laws of 1992, is amended to read as follows:
     9    § 122.  Public  policy.  [Surrogate  parenting  contracts  are  hereby
    10  declared  contrary  to the public policy of this state, and are void and
    11  unenforceable] Enforcement of a surrogate parenting agreement against  a
    12  genetic  surrogate who objects to the termination of her parental rights
    13  is contrary to the public  policy  of  this  state,  and  the  surrogate
    14  parenting agreement is void and unenforceable.
    15    §  5.  Section  123 of the domestic relations law, as added by chapter
    16  308 of the laws of 1992, is amended to read as follows:
    17    § 123. [Prohibitions and penalties]  Permissible  payments.    [1.  No
    18  person  or other entity shall knowingly request, accept, receive, pay or
    19  give any fee, compensation or other remuneration, directly or  indirect-
    20  ly,  in  connection  with  any  surrogate parenting contract, or induce,
    21  arrange or otherwise assist in arranging a surrogate parenting  contract
    22  for  a  fee,  compensation  or other remuneration, except for] A genetic
    23  surrogate may receive the following payments:
    24    [(a)] 1. reasonable compensation or living expenses in connection with
    25  a surrogate parenting agreement;
    26    2. payments in connection with the adoption of a  child  permitted  by
    27  subdivision  six  of  section  three  hundred seventy-four of the social
    28  services law and disclosed pursuant to subdivision eight of section  one
    29  hundred fifteen of this chapter; or
    30    [(b)]  3. payments for reasonable and actual medical fees and hospital
    31  expenses for artificial insemination or in vitro fertilization  services
    32  incurred  by the [mother] genetic surrogate in connection with the birth
    33  of the child.
    34    [2. (a) A birth mother or her husband, a genetic father and his  wife,
    35  and,  if  the genetic mother is not the birth mother, the genetic mother
    36  and her husband who violate this section shall be  subject  to  a  civil
    37  penalty not to exceed five hundred dollars.
    38    (b)  Any  other  person  or  entity  who or which induces, arranges or
    39  otherwise assists in the formation of a surrogate parenting contract for
    40  a fee, compensation or other remuneration  or  otherwise  violates  this
    41  section  shall  be subject to a civil penalty not to exceed ten thousand
    42  dollars and forfeiture to the state of any  such  fee,  compensation  or
    43  remuneration  in  accordance  with  the provisions of subdivision (a) of
    44  section seven thousand two hundred one of the  civil  practice  law  and
    45  rules,  for  the  first such offense.  Any person or entity who or which
    46  induces, arranges or otherwise assists in the formation of  a  surrogate
    47  parenting  contract  for  a  fee,  compensation or other remuneration or
    48  otherwise violates this section, after having been  once  subject  to  a
    49  civil penalty for violating this section, shall be guilty of a felony.]
    50    §  6.  Section  124 of the domestic relations law, as added by chapter
    51  308 of the laws of 1992, is amended to read as follows:
    52    § 124. Proceedings regarding parental rights, status  or  obligations.
    53  [In any action or proceeding involving a dispute between the birth moth-
    54  er  and  (i) the genetic father, (ii) the genetic mother, (iii) both the
    55  genetic father and genetic mother, or (iv) the parent or parents of  the
    56  genetic  father  or genetic mother, regarding parental rights, status or

        A. 1071--A                         14

     1  obligations with respect to a child born pursuant to a surrogate parent-
     2  ing contract:] 1. After the birth of a child born pursuant to  a  surro-
     3  gate  parenting  agreement,  any  party  with a claim to legal parentage
     4  pursuant  to  the surrogate parenting agreement may petition for a judg-
     5  ment of parentage declaring the legal rights of the parties pursuant  to
     6  the agreement.
     7    2. If the genetic surrogate objects to the termination of her parental
     8  rights pursuant to a surrogate parenting agreement:
     9    (a)  the  court shall not consider the [birth mother's] genetic surro-
    10  gate's participation in a surrogate parenting  [contract]  agreement  as
    11  adverse to her parental rights, status, or obligations; and
    12    [2.] (b) the court, having regard to the circumstances of the case and
    13  of the respective parties including the parties' relative ability to pay
    14  such  fees  and  expenses,  in  its  discretion  and in the interests of
    15  justice, may award to either party reasonable and  actual  counsel  fees
    16  and  legal  expenses incurred in connection with such action or proceed-
    17  ing. Such award may be made in  the  order  or  judgment  by  which  the
    18  particular  action  or  proceeding   is finally determined, or by one or
    19  more orders from time to time before the final order or judgment, or  by
    20  both  such  order  or  orders and the final order or judgment; provided,
    21  however, that in any dispute involving a [birth mother]  genetic  surro-
    22  gate  who  has  executed  a  valid surrender or consent to the adoption,
    23  nothing in this section shall empower a court to make any award that  it
    24  would not otherwise be empowered to direct.
    25    3.  (a)  If a genetic surrogate has no objection to the termination of
    26  her parental rights pursuant to the surrogate parenting  agreement,  the
    27  court  may  issue  an  order  which  terminates  the genetic surrogate's
    28  parental rights and declares the intended parent or parents  to  be  the
    29  legal parent or parents of the child.
    30    (b) The parties shall submit affidavits of financial disclosure to the
    31  court  declaring all payments made to or on behalf of the genetic surro-
    32  gate in connection with the surrogate parenting agreement prior  to  the
    33  issuance of any such order.
    34    4.  The  court  may refuse to issue said order if the court determines
    35  that:
    36    (a) it is not in the best interests of the child; or
    37    (b) the court determines  that  the  genetic  surrogate's  failure  to
    38  object  to  the termination of her parental rights was unduly influenced
    39  by financial duress in the form of unreasonably high compensation.
    40    § 7. Section 4135-b of the public health law, as added by  chapter  59
    41  of  the  laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of
    42  the laws of 2013, and subdivision 3 as amended by  chapter  170  of  the
    43  laws of 1994, is amended to read as follows:
    44    §  4135-b.  Voluntary  acknowledgments of [paternity] parentage; child
    45  born out of wedlock. 1.  (a)  Immediately  preceding  or  following  the
    46  in-hospital  birth  of  a  child  to an unmarried [woman] person or to a
    47  person  who  gave  birth  to  a   child   conceived   through   assisted
    48  reproduction, the person in charge of such hospital or his or her desig-
    49  nated representative shall provide to the [child's mother and] unmarried
    50  person  who  gave  birth  to  the child and the putative father, if such
    51  father is readily identifiable and available, or to the person who  gave
    52  birth  and  the  other  intended  parent  of  a  child conceived through
    53  assisted reproduction if such person is readily identifiable and  avail-
    54  able,  the  documents and written instructions necessary for such mother
    55  and putative [father] persons to complete an acknowledgment of [paterni-
    56  ty] parentage witnessed by two persons not  related  to  the  signatory.

        A. 1071--A                         15
     1  Such  acknowledgment,  if  signed by both parties, at any time following
     2  the birth of a child, shall be filed with the registrar at the same time
     3  at which the certificate of live birth is filed, if possible, or anytime
     4  thereafter.  Nothing  herein  shall  be  deemed to require the person in
     5  charge of such hospital or his or her designee to seek out or  otherwise
     6  locate a putative father or intended parent of a child conceived through
     7  assisted reproduction who is not readily identifiable or available.
     8    (b)  The  following persons may sign an acknowledgment of parentage to
     9  establish the parentage of the child:
    10    (i) An unmarried person who gave birth to the child and another person
    11  who is a genetic parent.
    12    (ii) A married or unmarried person who gave birth  to  the  child  and
    13  another  person  who  is an intended parent under section 581-303 of the
    14  family court act of a child conceived through assisted reproduction.
    15    (c) An acknowledgment of parentage shall be in a record signed by  the
    16  person  who  gave  birth  to  the child and by either the genetic parent
    17  other than the person who gave birth to the child or a person who  is  a
    18  parent  under  section  581-303  of  the  family  court act of the child
    19  conceived through assisted reproduction.
    20    (d) An acknowledgment of parentage is void if, at the time of signing,
    21  any of the following are true:
    22    (i) A person other than the person who gave birth to the  child  or  a
    23  person  seeking  to  establish  parentage  through  an acknowledgment of
    24  parentage is a presumed parent of the child under section twenty-four of
    25  the domestic relations law;
    26    (ii) A court has entered a judgment of parentage of the child;
    27    (iii) Another person has signed a valid  acknowledgment  of  parentage
    28  with regard to the child;
    29    (iv)  The child has a parent under section 581-303 of the family court
    30  act other than the signatories;
    31    (v) The person seeking to establish parentage is a gamete donor  under
    32  section 581-302 of the family court act;
    33    (vi)  The person seeking to establish parentage asserts that he or she
    34  is a parent under section twenty-four of the domestic relations law;
    35    (vii) The person seeking to establish parentage asserts that he or she
    36  is a parent of a child conceived through assisted reproduction  and  the
    37  person  is  in  fact,  not  a parent under section 581-303 of the family
    38  court act.
    39    (e) The acknowledgment shall be executed on a  form  provided  by  the
    40  commissioner developed in consultation with the appropriate commissioner
    41  of  the  department of family assistance, which shall include the social
    42  security number of the [mother] person who gave birth to the  child  and
    43  of  the  [putative  father]  acknowledged  parent  and  provide in plain
    44  language (i) a statement by the [mother] person who gave  birth  to  the
    45  child  consenting  to  the acknowledgment of [paternity] parentage and a
    46  statement that the [putative father] acknowledged  parent  is  the  only
    47  possible  [father]  other generic parent or that the acknowledged parent
    48  is an intended parent and  the  child  was  conceived  through  assisted
    49  reproduction,  (ii)  a statement by the putative father, if any, that he
    50  is the biological father of the child, and (iii) a  statement  that  the
    51  signing  of  the acknowledgment of [paternity] parentage by both parties
    52  shall have the same force and effect as an order  of  filiation  entered
    53  after a court hearing by a court of competent jurisdiction, including an
    54  obligation  to  provide support for the child except that, only if filed
    55  with the registrar of the district in which the  birth  certificate  has

        A. 1071--A                         16
     1  been  filed,  will  the  acknowledgment  have such force and effect with
     2  respect to inheritance rights.
     3    [(b)]  (f)  Prior to the execution of an acknowledgment of [paternity]
     4  parentage, the [mother] person who gave  birth  to  the  child  and  the
     5  [putative father] other signatory shall be provided orally, which may be
     6  through  the  use  of audio or video equipment, and in writing with such
     7  information as is required pursuant to  this  section  with  respect  to
     8  their  rights and the consequences of signing a voluntary acknowledgment
     9  of [paternity] parentage including, but not limited to:
    10    (i) that the signing of the acknowledgment  of  [paternity]  parentage
    11  shall  establish  the  [paternity] parentage of the child and shall have
    12  the same force and effect as an order of [paternity] parentage or filia-
    13  tion issued by a court of competent jurisdiction establishing  the  duty
    14  of both parties to provide support for the child;
    15    (ii) that if such an acknowledgment is not made, the [putative father]
    16  signatory  other than the person who gave birth to the child can be held
    17  liable for support only if the family court, after a hearing,  makes  an
    18  order declaring that the [putative father] person is the [father] parent
    19  of  the child whereupon the court may make an order of support which may
    20  be retroactive to the birth of the child;
    21    (iii) that if made a respondent in a proceeding to establish [paterni-
    22  ty] parentage the [putative father] signatory other than the person  who
    23  gave  birth  to  the  child  has a right to free legal representation if
    24  indigent;
    25    (iv) that [the putative father] an alleged genetic parent has a  right
    26  to a genetic marker test or to a DNA test when available;
    27    (v)  that  by  executing  the  acknowledgment,  the  [putative father]
    28  alleged genetic parent waives [his] their right to a hearing,  to  which
    29  [he]  they  would  otherwise  be  entitled,  on the issue of [paternity]
    30  parentage;
    31    (vi) that a copy of the acknowledgment of [paternity] parentage  shall
    32  be  filed  with  the  putative father registry pursuant to section three
    33  hundred seventy-two-c of the social services law, and that  such  filing
    34  may  establish the child's right to inheritance from the putative father
    35  pursuant to clause (B) of subparagraph two of paragraph (a)  of  section
    36  4-1.2 of the estates, powers and trusts law;
    37    (vii)  that, if such acknowledgment is filed with the registrar of the
    38  district in which the birth certificate has been filed, such acknowledg-
    39  ment will establish inheritance rights from the putative father  or  the
    40  other intended parent of a child conceived through assisted reproduction
    41  pursuant  to  clause (A) of subparagraph two of paragraph (a) of section
    42  4-1.2 of the estates, powers and trusts law;
    43    (viii) that no further  judicial  or  administrative  proceedings  are
    44  required to ratify an unchallenged acknowledgment of [paternity] parent-
    45  age provided, however, that:
    46    (A) A signatory to an acknowledgment of [paternity] parentage, who had
    47  attained the age of eighteen at the time of execution of the acknowledg-
    48  ment,  shall  have  the  right  to rescind the acknowledgment within the
    49  earlier of sixty days from the date of signing the acknowledgment or the
    50  date of an administrative or a judicial proceeding (including,  but  not
    51  limited  to,  a proceeding to establish a support order) relating to the
    52  child in which the signatory is a party, provided that the "date  of  an
    53  administrative  or a judicial proceeding" shall be the date by which the
    54  respondent is required to answer the petition;
    55    (B) A signatory to an acknowledgment of [paternity] parentage, who had
    56  not attained the age of  eighteen  at  the  time  of  execution  of  the

        A. 1071--A                         17
     1  acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
     2  anytime up to sixty days after the  signatory's  attaining  the  age  of
     3  eighteen  years  or sixty days after the date on which the respondent is
     4  required to answer a petition (including, but not limited to, a petition
     5  to establish a support order) relating to the child, whichever is earli-
     6  er; provided, however, that the signatory must have been advised at such
     7  proceeding of his or her right to file a petition to vacate the acknowl-
     8  edgment within sixty days of the date of such proceeding;
     9    (ix) that after the expiration of the time limits set forth in clauses
    10  (A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
    11  tories may challenge the  acknowledgment  of  [paternity]  parentage  in
    12  court  only  on the basis of fraud, duress, or material mistake of fact,
    13  with the burden of proof on the party challenging the voluntary acknowl-
    14  edgment;
    15    (x) that the [putative father and mother] person who gave birth to the
    16  child and the other signatory may wish to consult with attorneys  before
    17  executing the acknowledgment; and that they have the right to seek legal
    18  representation  and  supportive  services including counseling regarding
    19  such acknowledgment;
    20    (xi) that the acknowledgment of [paternity] parentage may be the basis
    21  for the [putative father] signatory other than the person who gave birth
    22  to the child establishing custody and visitation rights to the child and
    23  for requiring the [putative father's] consent  of  the  signatory  other
    24  than  the  person  who  gave  birth  to  the  child prior to an adoption
    25  proceeding;
    26    (xii) that the [mother's] refusal of the person who gave birth to  the
    27  child  to sign the acknowledgment shall not be deemed a failure to coop-
    28  erate in establishing [paternity] parentage for the child; and
    29    (xiii) that the child may bear the last name of either parent, or  any
    30  combination thereof, which name shall not affect the legal status of the
    31  child.
    32  In  addition,  the  governing  body  of  such hospital shall insure that
    33  appropriate staff shall provide to  the  [child's  mother  and  putative
    34  father]  person  who  gave  birth  to the child and the other signatory,
    35  prior to the [mother's] discharge from the hospital of  the  person  who
    36  gave birth to the child, the opportunity to speak with hospital staff to
    37  obtain  clarifying  information  and  answers  to  their questions about
    38  [paternity] parentage establishment, and shall also  provide  the  tele-
    39  phone number of the local support collection unit.
    40    [(c)]  (g)  Within  ten days after receiving the certificate of birth,
    41  the registrar shall furnish without charge to each parent or guardian of
    42  the child or to the [mother] person who gave birth at the address desig-
    43  nated by her for that purpose, a certified copy of  the  certificate  of
    44  birth and, if applicable, a certified copy of the written acknowledgment
    45  of  [paternity] parentage.   If the [mother] person who gave birth is in
    46  receipt of child support enforcement services pursuant to title six-A of
    47  article three of the social  services  law,  the  registrar  also  shall
    48  furnish without charge a certified copy of the certificate of birth and,
    49  if applicable, a certified copy of the written acknowledgment of [pater-
    50  nity]  parentage  to  the  social services district of the county within
    51  which the [mother] person who gave birth resides.
    52    2. (a) When a child's [paternity] parentage is acknowledged  voluntar-
    53  ily pursuant to section one hundred eleven-k of the social services law,
    54  the social services official shall file the executed acknowledgment with
    55  the  registrar  of the district in which the birth occurred and in which
    56  the birth certificate has been filed.

        A. 1071--A                         18
     1    (b) Where a child's [paternity] parentage has  not  been  acknowledged
     2  voluntarily pursuant to paragraph (a) of subdivision one of this section
     3  or  paragraph (a) of this subdivision, the [child's mother and the puta-
     4  tive father] person who gave birth to the child and the other  signatory
     5  may  voluntarily acknowledge a child's [paternity] parentage pursuant to
     6  this paragraph by signing the acknowledgment of [paternity] parentage.
     7    (c) A signatory to an acknowledgment of [paternity] parentage, who has
     8  attained the age of eighteen at the time of execution of the acknowledg-
     9  ment shall have the right  to  rescind  the  acknowledgment  within  the
    10  earlier of sixty days from the date of signing the acknowledgment or the
    11  date  of  an administrative or a judicial proceeding (including, but not
    12  limited to, a proceeding to establish a support order) relating  to  the
    13  child  in  which either signatory is a party; provided that for purposes
    14  of this section, the "date of an administrative or a  judicial  proceed-
    15  ing" shall be the date by which the respondent is required to answer the
    16  petition.
    17    (d) A signatory to an acknowledgment of [paternity] parentage, who has
    18  not  attained  the  age  of  eighteen  at  the  time of execution of the
    19  acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
    20  anytime  up  to  sixty  days  after the signatory's attaining the age of
    21  eighteen years or sixty days after the date on which the  respondent  is
    22  required to answer a petition (including, but not limited to, a petition
    23  to  establish a support order) relating to the child in which the signa-
    24  tory is a party, whichever  is  earlier;  provided,  however,  that  the
    25  signatory  must have been advised at such proceeding of his or her right
    26  to file a petition to vacate the acknowledgment within sixty days of the
    27  date of such proceeding.
    28    (e) After the expiration of the time limits set  forth  in  paragraphs
    29  (c)  and  (d)  of this subdivision, any of the signatories may challenge
    30  the acknowledgment of [paternity] parentage in court only on  the  basis
    31  of  fraud, duress, or material mistake of fact, with the burden of proof
    32  on the party challenging the voluntary acknowledgment.  The  acknowledg-
    33  ment  shall have full force and effect once so signed. The original or a
    34  copy of the acknowledgment shall be filed  with  the  registrar  of  the
    35  district in which the birth certificate has been filed.
    36    3. (a) An executed acknowledgment of [paternity] parentage executed by
    37  [the  mother  and  father of a child born out of wedlock] any two people
    38  eligible to sign such an acknowledgment under paragraph (b) of  subdivi-
    39  sion  one  of  this  section,  married or unmarried, shall establish the
    40  [paternity] parentage of a child and  shall  have  the  same  force  and
    41  effect  as  an  order  of [paternity] parentage or filiation issued by a
    42  court of competent jurisdiction. Such acknowledgement  shall  thereafter
    43  be  filed  with the registrar pursuant to subdivision one or two of this
    44  section.
    45    (b) A registrar with whom an acknowledgment of  [paternity]  parentage
    46  has  been filed pursuant to subdivision one or two of this section shall
    47  file the acknowledgment with the state  department  of  health  and  the
    48  putative father registry.
    49    4.  The court shall give full faith and credit to an acknowledgment of
    50  parentage effective in another state if  the  acknowledgment  was  in  a
    51  signed record and otherwise complies with the law of the other state.
    52    5.  A  new  certificate of birth shall be issued if the certificate of
    53  birth of [a] the child [born out of wedlock] as defined in paragraph (b)
    54  of subdivision one of section four thousand one hundred  thirty-five  of
    55  this  article  has  been filed without entry of the name of the [father]
    56  signatory other than the person who gave  birth,  and  the  commissioner

        A. 1071--A                         19
     1  thereafter  receives a notarized acknowledgment of [paternity] parentage
     2  accompanied by the written consent of the [putative father  and  mother]
     3  person  who  gave birth to the child and other signatory to the entry of
     4  the  name of such [father] person, which consent may also be to a change
     5  in the surname of the child.
     6    6. Any reference to an acknowledgment of paternity in any law of  this
     7  state shall be interpreted to mean an acknowledgment of parentage signed
     8  pursuant  to this section or signed in another state consistent with the
     9  law of that state.
    10    § 8. This act shall take effect on the one hundred twentieth day after
    11  it shall have become a law. Effective immediately, the addition,  amend-
    12  ment and/or repeal of any rule or regulation necessary for the implemen-
    13  tation of this act on its effective date are authorized to be made on or
    14  before such date.
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