Bill Text: NY S06386 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the requirements of surrogacy programs and criteria for surrogacy arrangements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-28 - PRINT NUMBER 6386B [S06386 Detail]
Download: New_York-2021-S06386-Introduced.html
Bill Title: Relates to the requirements of surrogacy programs and criteria for surrogacy arrangements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-28 - PRINT NUMBER 6386B [S06386 Detail]
Download: New_York-2021-S06386-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6386 2021-2022 Regular Sessions IN SENATE April 26, 2021 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, the general business law, the public health law and the domestic relations law, in relation to surrogacy programs and arrangements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 581-102 of the family court act, as added by 2 section 1 of part L of chapter 56 of the laws of 2020, is amended to 3 read as follows: 4 § 581-102. Definitions. (a) "Assisted reproduction" means a method of 5 causing pregnancy other than sexual intercourse and includes but is not 6 limited to: 7 1. intrauterine or vaginal insemination; 8 2. donation of gametes; 9 3. donation of embryos; 10 4. in vitro fertilization and transfer of embryos; and 11 5. intracytoplasmic sperm injection. 12 (b) "Child" means a born individual of any age whose parentage may be 13 determined under this act or other law. 14 (c) "Compensation" means payment of any valuable consideration in 15 excess of reasonable medical and ancillary costs. 16 (d) "Donor" means an individual who does not intend to be a parent who 17 produces gametes and provides them to another person, other than the 18 individual's spouse, for use in assisted reproduction. The term does not 19 include a person who is a parent under part three of this article. Donor 20 also includes an individual who had dispositional control of an embryo 21 or gametes who then transfers dispositional control and releases all 22 present and future parental and inheritance rights and obligations to a 23 resulting child. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10517-02-1S. 6386 2 1 (e) "Embryo" means a cell or group of cells containing a diploid 2 complement of chromosomes or group of such cells, not a gamete or 3 gametes, that has the potential to develop into a live born human being 4 if transferred into the body of a person under conditions in which 5 gestation may be reasonably expected to occur. 6 (f) "Embryo transfer" means all medical and laboratory procedures that 7 are necessary to effectuate the transfer of an embryo into the uterine 8 cavity. 9 (g) "Gamete" means a cell containing a haploid complement of DNA that 10 has the potential to form an embryo when combined with another gamete. 11 Sperm and eggs shall be considered gametes. A human gamete used or 12 intended for reproduction may not contain nuclear DNA that has been 13 deliberately altered, or nuclear DNA from one human combined with the 14 cytoplasm or cytoplasmic DNA of another human being. 15 (h) "Health care practitioner" means an individual licensed or certi- 16 fied under title eight of the education law, or a similar law of another 17 state or country, acting within his or her scope of practice. 18 (i) "Independent escrow agent" means someone other than the parties to 19 a surrogacy agreement and their attorneys. An independent escrow agent 20 can, but need not, be a surrogacy program, provided such surrogacy 21 program is owned [or managed] by an attorney licensed to practice law in 22 the state of New York. If such independent escrow agent is not attorney 23 owned, it shall be licensed, bonded and insured. 24 [(i) "Surrogacy agreement" is an agreement between at least one25intended parent and a person acting as surrogate intended to result in a26live birth where the child will be the legal child of the intended27parents.] 28 (j) "In vitro fertilization" means the formation of a human embryo 29 outside the human body. 30 (k) "Intended parent" is an individual who manifests the intent to be 31 legally bound as the parent of a child resulting from assisted reprod- 32 uction or a surrogacy agreement, provided he or she meets the require- 33 ments of this article. 34 (l) "Parent" as used in this article means an individual with a 35 parent-child relationship created or recognized under this act or other 36 law. 37 (m) "Participant" is an individual who either provides a gamete that 38 is used in assisted reproduction, is an intended parent, is a person 39 acting as surrogate, or is the spouse of an intended parent or person 40 acting as surrogate. 41 (n) "Person acting as surrogate" means an adult person, not an 42 intended parent, who enters into a surrogacy agreement to bear a child 43 who will be the legal child of the intended parent or parents so long as 44 the person acting as surrogate has not provided the egg used to conceive 45 the resulting child. 46 [(k) "Health care practitioner" means an individual licensed or certi-47fied under title eight of the education law, or a similar law of another48state or country, acting within his or her scope of practice.49(l) "Intended parent" is an individual who manifests the intent to be50legally bound as the parent of a child resulting from assisted reprod-51uction or a surrogacy agreement provided he or she meets the require-52ments of this article.53(m) "In vitro fertilization" means the formation of a human embryo54outside the human body.S. 6386 3 1(n) "Parent" as used in this article means an individual with a2parent-child relationship created or recognized under this act or other3law.4(o) "Participant" is an individual who either: provides a gamete that5is used in assisted reproduction, is an intended parent, is a person6acting as surrogate, or is the spouse of an intended parent or person7acting as surrogate.8(p)] (o) "Record" means information inscribed in a tangible medium or 9 stored in an electronic or other medium that is retrievable in perceiva- 10 ble form. 11 [(q)] (p) "Retrieval" means the procurement of eggs or sperm from a 12 gamete provider. 13 [(r)] (q) "Spouse" means an individual married to another, or who has 14 a legal relationship entered into under the laws of the United States or 15 of any state, local or foreign jurisdiction, which is substantially 16 equivalent to a marriage, including a civil union or domestic partner- 17 ship. 18 [(s)] (r) "State" means a state of the United States, the District of 19 Columbia, Puerto Rico, the United States Virgin Islands, or any territo- 20 ry or insular possession subject to the jurisdiction of the United 21 States. 22 (s) "Surrogacy agreement" means an agreement between at least one 23 intended parent and a person acting as surrogate intended to result in a 24 live birth where the child will be the legal child of the intended 25 parents. 26 (t) "Transfer" means the placement of an embryo or gametes into the 27 body of a person with the intent to achieve pregnancy and live birth. 28 § 2. Section 581-202 of the family court act, as added by section 1 of 29 part L of chapter 56 of the laws of 2020, is amended to read as follows: 30 § 581-202. Proceeding for judgment of parentage of a child conceived 31 through assisted reproduction. (a) A proceeding for a judgment of 32 parentage with respect to a child conceived through assisted reprod- 33 uction may be commenced: 34 (1) if [the] an intended parent or child resides in New York state, in 35 the county where the intended parent resides any time after pregnancy is 36 achieved or in the county where the child was born or resides or in the 37 county where the birth is scheduled to occur; or 38 (2) if [the] an intended parent [and] or child do not reside in New 39 York state, in the county where the birth is scheduled to occur, up to 40 ninety days after the birth of the child in the county where the child 41 was born. 42 (b) The petition for a judgment of parentage must be verified. 43 (c) Where a verified petition includes the following truthful state- 44 ments, the court shall adjudicate the intended parent to be the parent 45 of the child without requiring a hearing unless the court, in its 46 discretion, determines a hearing to be necessary to address the truth- 47 fulness of the statements: 48 (1) a statement that an intended parent or child has been a resident 49 of the state for at least six months, or if an intended parent or child 50 is not a New York state resident, that the child [will be or was] is 51 scheduled to be born in [the] New York state or that the child was born 52 in the state within ninety days of filing; and 53 (2) a statement from the gestating intended parent that the gestating 54 intended parent became pregnant as a result of assisted reproduction; 55 andS. 6386 4 1 (3) in cases where there is a non-gestating intended parent, a state- 2 ment from the gestating intended parent and non-gestating intended 3 parent that the non-gestating intended parent consented to assisted 4 reproduction pursuant to section 581-304 of this article; and 5 (4) proof of any donor's donative intent. 6 (d) The following shall be deemed sufficient proof of a donor's dona- 7 tive intent for purposes of this section: 8 (1) [in the case of an anonymous donor or] where gametes or embryos 9 have [previously] been [released] relinquished to a gamete or embryo 10 storage facility or were donated in the presence of a health care prac- 11 titioner, either: 12 (i) a statement or documentation from the gamete or embryo storage 13 facility or health care practitioner stating or demonstrating that the 14 donor or donors of such gametes or embryos [were anonymously donated or15had previously been released] relinquished all parental or proprietary 16 interest to them; [or] 17 (ii) a record from the gamete or embryo donor or donors evidencing 18 intent to relinquish all parental or proprietary interest in the gametes 19 or embryos; or 20 (iii) clear and convincing evidence that the gamete or embryo donor 21 intended to donate gametes or embryos anonymously or intended to release 22 such gametes or embryos to a gamete or embryo storage facility or health 23 care practitioner; [or] 24 (2) [in the case of a donation from a known donor, either: a.] Subpar- 25 agraph one of this paragraph shall not apply where the person providing 26 the gametes or embryos is the spouse of the intended parent; 27 (3) where the gametes or embryos were not relinquished to a gamete or 28 embryo storage facility or donated in the presence of a health care 29 practitioner, a record from the gamete or embryo donor acknowledging the 30 donation and confirming that the donor [has] or donors have no parental 31 or proprietary interest in the gametes or embryos. The record shall be 32 signed by the [gestating] intended parent or parents and the gamete or 33 embryo donor or donors. The record may be, but is not required to be, 34 signed: 35 (i) before a notary public, or 36 (ii) before two witnesses who are not the intended parents, or 37 (iii) before a health care practitioner; or 38 [b.] (4) clear and convincing evidence that the gamete or embryo donor 39 agreed, prior to conception, with the [gestating] intended parent or 40 parents that the donor [has] or donors would have no parental or propri- 41 etary interest in the gametes or embryos. 42 (e)[(1)] In the absence of evidence pursuant to [paragraph two of43this] subdivision (d) of this section, notice shall be given to the 44 donor at least twenty days prior to the date set for the proceeding to 45 determine the existence of donative intent by delivery of a copy of the 46 petition and notice pursuant to section three hundred eight of the civil 47 practice law and rules. Such notice shall also be given to the gestating 48 intended parent, if any, and the gestating intended parent's spouse, if 49 any, each of whom shall be a necessary party. Upon a showing to the 50 court, by affidavit or otherwise, on or before the date of the proceed- 51 ing or within such further time as the court may allow, that personal 52 service cannot be effected at the [donor's] last known address or 53 addresses of the donor or donors, gestating intended parent, if any, 54 and/or the gestating intended parent's spouse, if any, with reasonable 55 effort, notice may be given, without prior court order therefore, at 56 least twenty days prior to the proceeding by registered or certifiedS. 6386 5 1 mail directed to the [donor's] last known address. Notice by publication 2 shall not be required to be given to a donor entitled to notice pursuant 3 to the provisions of this section. 4 [(2) Notwithstanding the above, where sperm is provided under the5supervision of a health care practitioner to someone other than the6sperm provider's intimate partner or spouse without a record of the7sperm provider's intent to parent notice is not required.] 8 (f) In cases not covered by subdivision (c) of this section, the court 9 shall adjudicate the parentage of the child consistent with part three 10 of this article. 11 (g) Where the requirements of subdivision (c) of this section are met 12 or where the court finds the intended parent or parents to be a parent 13 under subdivision [(e)] (f) of this section, the court shall issue a 14 judgment of parentage: 15 (1) declaring[, that] the intended parent or parents to be the legal 16 parent or parents of the child immediately upon the birth of the child[,17the intended parent or parents is or are the legal parent or parents of18the child]; and 19 (2) ordering the intended parent or parents to assume responsibility 20 for the maintenance and support of the child immediately upon the birth 21 of the child; and 22 (3) if there is a donor or donors, ordering that [the] any donor is 23 not a parent of the child; and 24 (4) ordering that: 25 (i) Pursuant to section two hundred fifty-four of the judiciary law, 26 the clerk of the court shall transmit to the state commissioner of 27 health, or for a person born in New York city, to the commissioner of 28 health of the city of New York, on a form prescribed by the commission- 29 er, a written notification of such entry together with such other facts 30 as may assist in identifying the birth record of the person whose 31 parentage was in issue and, if such person whose parentage has been 32 determined is under eighteen years of age, the clerk shall also transmit 33 forthwith to the registry operated by the department of social services 34 pursuant to section three hundred seventy-two-c of the social services 35 law a notification of such determination; and 36 (ii) Pursuant to section forty-one hundred thirty-eight of the public 37 health law and NYC Public Health Code section 207.05 that upon receipt 38 of a judgment of parentage the local registrar where a child is born 39 will report the parentage of the child to the appropriate department of 40 health in conformity with the court order. If an original birth certif- 41 icate has already been issued, the appropriate department of health will 42 amend the birth certificate in an expedited manner and seal the previ- 43 ously issued birth certificate except that it may be rendered accessible 44 to the child at eighteen years of age or the legal parent or parents. 45 § 3. Section 581-203 of the family court act, as added by section 1 of 46 part L of chapter 56 of the laws of 2020, is amended to read as follows: 47 § 581-203. Proceeding for judgment of parentage of a child conceived 48 pursuant to a surrogacy agreement. (a) The proceeding may be commenced 49 (1) in any county where an intended parent resided any time after the 50 surrogacy agreement was executed; (2) in the county where the child was 51 born or resides or in the county where the birth is scheduled to occur; 52 or (3) in the county where the surrogate resided any time after the 53 surrogacy agreement was executed. 54 (b) The proceeding may be commenced at any time after [the surrogacy55agreement has been executed] pregnancy is achieved and the person acting 56 as surrogate, the spouse of the person acting as surrogate, if any,S. 6386 6 1 donors for whom there is not proof of donative intent as set forth in 2 subdivision (d) of section 581-202 of this part, and all intended 3 parents are necessary parties. The service provisions of subdivision 4 (e) of section 581-202 of this title shall be applicable to donors enti- 5 tled to notice pursuant to this provision. 6 (c) The petition for a judgment of parentage must be verified and 7 include the following: 8 (1) a statement that the person acting as surrogate or at least one 9 [of the] intended [parents] parent has been a resident of the state for 10 at least six months at the time the surrogacy agreement was executed; 11 and 12 (2) a certification from the attorney representing the intended parent 13 or parents and the spouse of the person acting as a surrogate, if appli- 14 cable, and the attorney representing the person acting as surrogate that 15 the requirements of part four of this article have been met; and 16 (3) a statement from all parties to the surrogacy agreement that they 17 knowingly and voluntarily entered into the surrogacy agreement and that 18 the parties are jointly requesting the judgment of parentage. 19 (d) Where the court finds the statements required by subdivision (c) 20 of this section to be true, the court shall issue a judgment of parent- 21 age, without additional proceedings or documentation: 22 (1) declaring, that upon the birth of the child born during the term 23 of the surrogacy agreement, the intended parent or parents are the only 24 legal parent or parents of the child; 25 (2) declaring, that upon the birth of the child born during the term 26 of the surrogacy agreement, the person acting as surrogate, and the 27 spouse of the person acting as surrogate, if [any] applicable, is not 28 the legal parent of the child; 29 (3) declaring that upon the birth of the child born during the term of 30 the surrogacy agreement, [the] any donors, if [any] applicable, [are] 31 not [the parents] a parent of the child; 32 (4) ordering the person acting as surrogate and the spouse of the 33 person acting as surrogate, if any, to transfer the child to the 34 intended parent or parents if this has not already occurred; 35 (5) ordering the intended parent or parents to assume responsibility 36 for the maintenance and support of the child immediately upon the birth 37 of the child; and 38 (6) ordering that: 39 (i) Pursuant to section two hundred fifty-four of the judiciary law, 40 the clerk of the court shall transmit to the state commissioner of 41 health, or for a person born in New York city, to the commissioner of 42 health of the city of New York, on a form prescribed by the commission- 43 er, a written notification of such entry together with such other facts 44 as may assist in identifying the birth record of the person whose 45 parentage was in issue and, if the person whose parentage has been 46 determined is under eighteen years of age, the clerk shall also transmit 47 to the registry operated by the department of social services pursuant 48 to section three hundred seventy-two-c of the social services law a 49 notification of the determination; and 50 (ii) Pursuant to section forty-one hundred thirty-eight of the public 51 health law and NYC Public Health Code section 207.05 that upon receipt 52 of a judgement of parentage the local registrar where a child is born 53 will report the parentage of the child to the appropriate department of 54 health in conformity with the court order. If an original birth certif- 55 icate has already been issued, the appropriate department of health will 56 amend the birth certificate in an expedited manner and seal the previ-S. 6386 7 1 ously issued birth certificate except that it may be rendered accessible 2 to the child at eighteen years of age or the legal parent or parents. 3 (e) In the event the certification required by paragraph two of subdi- 4 vision (c) of this section cannot be made because of a technical or 5 non-material deviation from the requirements of this article; the court 6 may nevertheless enforce the agreement and issue a judgment of parentage 7 if the court determines the agreement is in substantial compliance with 8 the requirements of this article. In the event that any other require- 9 ments of subdivision (c) of this section are not met, the court shall 10 determine parentage according to part four of this article. 11 § 4. Section 581-205 of the family court act, as added by section 1 of 12 part L of chapter 56 of the laws of 2020, is amended to read as follows: 13 § 581-205. Inspection of records. Court records relating to 14 proceedings under this article shall be sealed, provided, however, that 15 the office of temporary and disability assistance, a child support unit 16 of a social services district or a child support agency of another state 17 providing child support services pursuant to title IV-d of the federal 18 social security act, when a party to a related support proceeding and to 19 the extent necessary to provide child support services or for the admin- 20 istration of the program pursuant to title IV-d of the federal social 21 security act, may obtain a copy of a judgment of parentage. The parties 22 to the proceeding and the child shall have the right to inspect and make 23 copies of the entire court record, including, but not limited to, the 24 name of the person acting as surrogate and any known [donors] donor. 25 § 5. Subdivision (a) of section 581-206 of the family court act, as 26 added by section 1 of part L of chapter 56 of the laws of 2020, is 27 amended to read as follows: 28 (a) Proceedings pursuant to this article may be instituted in [the] 29 New York state supreme [or] court, family court or surrogates court. 30 § 6. Subdivision (b) of section 581-303 of the family court act, as 31 added by section 1 of part L of chapter 56 of the laws of 2020, is 32 amended to read as follows: 33 (b) The court shall issue a judgment of parentage pursuant to this 34 article upon application by any [participant] person authorized to file 35 a petition pursuant to subdivision (c) of section 581-201 of this arti- 36 cle. 37 § 7. Subdivision (d) of section 581-306 of the family court act, as 38 added by section 1 of part L of chapter 56 of the laws of 2020, is 39 amended to read as follows: 40 (d) An embryo disposition agreement or advance directive that is not 41 in compliance with subdivision (a) of this section may still be found to 42 be enforceable by the court after balancing the respective interests of 43 the parties except that the intended parent who divested him or herself 44 of legal rights and dispositional control may not be declared to be a 45 parent for any purpose without his or her consent. The intended parent 46 awarded legal rights and dispositional control of the embryos shall, in 47 this instance, be declared to be the only parent of the child. 48 § 8. Section 581-402 of the family court act, as added by section 1 of 49 part L of chapter 56 of the laws of 2020, is amended to read as follows: 50 § 581-402. Eligibility to enter surrogacy agreement. (a) A person 51 acting as surrogate shall be eligible to enter into an enforceable 52 surrogacy agreement under this article if the person acting as surrogate 53 has met the following requirements at the time the surrogacy agreement 54 is executed: 55 (1) the person acting as surrogate is at least twenty-one years of 56 age;S. 6386 8 1 (2) the person acting as surrogate: (i) is a United States citizen or 2 a lawful permanent resident, and[, where at least one intended parent is3not] (ii) has been a resident of New York state for six months[, was] if 4 neither intended parent has been a resident of New York state for at 5 least six months; 6 (3) the person acting as surrogate has not provided the egg used to 7 conceive the resulting child; 8 (4) the person acting as surrogate has completed a medical evaluation 9 with a health care practitioner relating to the anticipated pregnancy. 10 Such medical evaluation shall include a screening of the medical history 11 of the potential surrogate including known health conditions that may 12 pose risks to the potential surrogate or embryo during pregnancy; 13 (5) the person acting as surrogate has given informed consent for the 14 surrogacy arrangement after the licensed health care practitioner inform 15 them of the medical risks of surrogacy including the possibility of 16 multiple births, risk of medications taken for the surrogacy, risk of 17 pregnancy complications, psychological and psychosocial risks, and 18 impacts on their personal lives; 19 (6) the person acting as surrogate, and the spouse of the person 20 acting as surrogate, if applicable, have been represented throughout the 21 contractual process and shall be represented throughout the duration of 22 the [contract and its execution] surrogacy arrangement by independent 23 legal counsel of their own choosing who is licensed to practice law in 24 the state of New York which shall be paid for by the intended parent or 25 parents, except that a person acting as surrogate who is receiving no 26 compensation may waive the right to have the intended parent or parents 27 pay the fee for such legal counsel. Where the [intended parent or28parents are paying for the] independent legal counsel of the person 29 acting as surrogate, and the spouse of the person acting as surrogate, 30 if applicable, is paid by the intended parent or parents, a separate 31 retainer agreement shall be prepared clearly stating that such legal 32 counsel will only represent the person acting as surrogate and the 33 spouse of the person acting as surrogate, if applicable, in all matters 34 pertaining to the surrogacy [agreement] arrangement, that such legal 35 counsel will not offer legal advice to any other parties to the surroga- 36 cy agreement, and that the attorney-client relationship lies with the 37 person acting as surrogate and the spouse of the person acting as surro- 38 gate, if applicable. The intended parent or parents shall not be 39 required to pay the legal fees for the person acting as surrogate, and 40 the spouse of the person acting as surrogate, if applicable, in 41 connection with a litigated dispute between the parties unless otherwise 42 ordered by an arbiter or court of competent jurisdiction; 43 (7) the person acting as surrogate has or the surrogacy agreement 44 stipulates that the person acting as surrogate will obtain [a comprehen-45sive] health insurance [policy] coverage that takes effect prior to 46 taking any medication or commencing treatment to further embryo transfer 47 that covers [preconception care, prenatal care, major medical treat-48ments, hospitalization, and behavioral health care, and the comprehen-49sive policy has a term that extends throughout the duration of the50expected pregnancy and for twelve months after the birth of the child, a51stillbirth, a miscarriage resulting in termination of pregnancy, or52termination of the pregnancy; the policy shall be paid for, whether53directly or through reimbursement or other means, by the intended parent54or parents on behalf of the person acting as surrogate pursuant to the55surrogacy agreement, except that a person acting as surrogate who is56receiving no compensation may waive the right to have the intendedS. 6386 9 1parent or parents pay for the health insurance policy. The intended2parent or parents shall also pay for or reimburse the person acting as3surrogate for all co-payments, deductibles and any other out-of-pocket4medical costs associated with preconception, pregnancy, childbirth, or5postnatal care, that accrue through twelve months after the birth of the6child, a stillbirth, a miscarriage, or termination of the pregnancy. A7person acting as surrogate who is receiving no compensation may waive8the right to have the intended parent or parents make such payments or9reimbursements]: 10 (i) preconception medical expenses. The surrogacy agreement shall 11 state that the intended parent or parents will be responsible for all 12 medical costs of the person acting as surrogate associated with their 13 pre-conception care including but not limited to medical and psycholog- 14 ical screenings, medications, embryo transfer procedure, monitoring 15 subsequent to the embryo transfer procedure and any complications asso- 16 ciated with the foregoing. The intended parent or parents shall be 17 responsible for the costs of any such complications either through 18 insurance or by placing and maintaining sufficient funds in escrow to 19 cover such expenses. If the surrogacy agreement is terminated before a 20 pregnancy is achieved, such funds shall remain in escrow for a minimum 21 period of six months from the date the surrogacy agreement is termi- 22 nated; 23 (ii) medical expenses associated with pregnancy. The person acting as 24 surrogate has, or the surrogacy agreement shall stipulate that the 25 person acting as surrogate will obtain, comprehensive health insurance 26 coverage, via one or more insurance policies, prior to or immediately 27 upon confirmation of pregnancy that covers prenatal care, childbirth and 28 postnatal care, and that such comprehensive coverage must be in place 29 throughout the duration of the pregnancy and for twelve months after the 30 birth of the child, a stillbirth, a miscarriage resulting in termination 31 of the pregnancy, or termination of the pregnancy. The policy shall be 32 paid for, whether directly or through reimbursement or other means, by 33 the intended parent or parents on behalf of the person acting as surro- 34 gate to the extent that there is an additional cost to the person acting 35 as surrogate for such health insurance coverage. The intended parent or 36 parent shall also pay for or reimburse the person acting as surrogate 37 for all co-payments, deductibles and any other out-of-pocket medical 38 costs associated with pregnancy, childbirth, or postnatal care, that 39 accrue through twelve months after the birth of the child, a stillbirth, 40 a miscarriage resulting in termination of the pregnancy, or termination 41 of the pregnancy; and 42 (iii) uncompensated surrogacy arrangements. A person acting as surro- 43 gate who is receiving no compensation may waive the right to have the 44 intended parent or parents make the payments set forth in this section; 45 (8) the surrogacy agreement must provide that the intended parent or 46 parents shall [procure and] pay for a life insurance, contractual 47 liability or accidental death insurance policy for the person acting as 48 surrogate that takes effect prior to taking any medication or the 49 commencement of medical procedures to further embryo transfer, provides 50 a minimum benefit of seven hundred fifty thousand dollars or the maximum 51 amount the person acting as surrogate qualifies for if less than seven 52 hundred fifty thousand dollars, and [has a term that extends] such 53 coverage shall extend throughout the duration of the expected pregnancy 54 and for twelve months after the birth of the child, a stillbirth, a 55 miscarriage resulting in termination of pregnancy, or termination of the 56 pregnancy, with a beneficiary or beneficiaries of [their] the personS. 6386 10 1 acting as surrogate's choosing. 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 life insurance, contractual liability or 7 accidental death insurance policy; and 8 (9) the person acting as surrogate meets all other requirements deemed 9 appropriate by the commissioner of health regarding the health of the 10 prospective surrogate. 11 (b) The intended parent or parents shall be eligible to enter into an 12 enforceable surrogacy agreement under this article if he, she or they 13 have met the following requirements at the time the surrogacy agreement 14 was executed: 15 (1) at least one intended parent is: 16 (i) a United States citizen or a lawful permanent resident; and 17 [was] (ii) has been a resident of New York state for at least six 18 months if the person acting as surroagte has not been a resident of the 19 state of New York for at least six months; 20 (2) [the intended parent or parents has] they have been represented 21 throughout the contractual process and shall be represented throughout 22 the duration of the [contract and its execution] surrogacy arrangement 23 by independent legal counsel of his, her or their own choosing who is 24 licensed to practice law in the state of New York; and 25 (3) [he or she is] they are an adult person who is not in a spousal 26 relationship, or [adult] any two adults who are spouses together, or any 27 two adults who are intimate partners together, except an adult in a 28 spousal relationship is eligible to enter into an enforceable surrogacy 29 agreement without [his or her] their spouse if: 30 (i) they are living separate and apart pursuant to a decree or judg- 31 ment of separation or pursuant to a written agreement of separation 32 subscribed by the parties thereto and acknowledged or proved in the form 33 required to entitle a deed to be recorded; or 34 (ii) they have been living separate and apart for at least three years 35 prior to execution of the surrogacy agreement. 36 (c) where the spouse of an intended parent is not a required party to 37 the agreement, the spouse is not an intended parent and shall not have 38 rights or obligations to the child. 39 § 9. Section 581-403 of the family court act, as added by section 1 of 40 part L of chapter 56 of the laws of 2020, is amended to read as follows: 41 § 581-403. Requirements of surrogacy agreement. A surrogacy agreement 42 shall be deemed to have satisfied the requirements of this article and 43 be enforceable if it meets the following requirements: 44 (a) it shall be in a [signed] record [verified or executed before] 45 with each signature either notarized or witnessed by two [non-party46witnesses] non-parties and signed by: 47 (1) each intended parent, and 48 (2) the person acting as surrogate, and the spouse of the person 49 acting as surrogate, if [any] applicable, unless: 50 (i) [the person acting as surrogate and the spouse of the person51acting as surrogate] they are living separate and apart pursuant to a 52 decree or judgment of separation or pursuant to a written agreement of 53 separation subscribed by the parties thereto and acknowledged or proved 54 in the form required to entitle a deed to be recorded; or 55 (ii) they have been living separate and apart for at least three years 56 prior to execution of the surrogacy agreement;S. 6386 11 1 (b) it shall be executed prior to the person acting as surrogate 2 taking any medication or the commencement of medical procedures in the 3 furtherance of embryo transfer, provided the person acting as surrogate 4 shall have provided informed consent to undergo such medical treatment 5 or medical procedures prior to executing the agreement; 6 (c) it shall be executed by a person acting as surrogate meeting the 7 eligibility requirements of subdivision (a) of section 581-402 of this 8 part and by the spouse of the person acting as surrogate, if applicable, 9 unless the signature of the spouse of the person acting as surrogate is 10 not required as set forth in this section; 11 (d) it shall be executed by intended parent or parents who met the 12 eligibility requirements of subdivision (b) of section 581-402 of this 13 part; 14 (e) the person acting as surrogate and the spouse of the person acting 15 as surrogate, if applicable, and the intended parent or parents shall 16 have been represented throughout the contractual process and the surro- 17 gacy agreement states that they shall be represented throughout the 18 duration of the [contract and its execution] surrogacy arrangement by 19 separate, independent legal counsel of their own choosing; 20 (f) if the surrogacy agreement provides for the payment of compen- 21 sation to the person acting as surrogate, the funds for base compen- 22 sation and reasonable anticipated additional expenses shall have been 23 placed in escrow with an independent escrow agent, who consents to the 24 jurisdiction of New York courts for all proceedings related to the 25 enforcement of the escrow agreement, prior to the person acting as 26 surrogate commencing [with] any medical procedure other than medical 27 evaluations necessary to determine the person acting as surrogate's 28 eligibility; 29 (g) the surrogacy agreement must include information disclosing how 30 the intended parent or parents will cover the medical expenses of the 31 person acting as surrogate and the child. The surrogacy agreement shall 32 specify the amount that the intended parent or parents shall place in 33 escrow to cover such reasonable anticipated costs including precon- 34 ception medical care and extending throughout the duration of the 35 expected pregnancy, and for twelve months after the birth of the child, 36 a stillbirth, a miscarriage resulting in the termination of the pregnan- 37 cy, or termination of the pregnancy or until the surrogacy agreement is 38 terminated if pregnancy is not achieved. If it is anticipated that 39 comprehensive health care coverage [is] will be used to cover the 40 medical expenses for the person acting as surrogate, the [disclosure41shall include a review and summary of the] health care policy provisions 42 related to coverage and exclusions for the person acting as [surro-43gate's] surrogate shall be reviewed and summarized in relation to the 44 anticipated pregnancy prior to such policy being used to cover any of 45 the person acting as surrogate's medical expenses incurred pursuant to 46 the surrogacy arrangement; and 47 (h) [it] the surrogacy arrangement shall include the following infor- 48 mation: 49 (1) the date, city and state where the surrogacy agreement was 50 executed; 51 (2) the first and last names of and contact information for the 52 intended parent or parents and of the person acting as surrogate; 53 (3) the first and last names of and contact information for the 54 persons from which the gametes originated, if known. The agreement shall 55 specify whether the gametes provided were eggs, sperm, or embryos;S. 6386 12 1 (4) the name of and contact information for the licensed and regis- 2 tered surrogacy program handling the surrogacy agreement, if any; and 3 (5) the name of and contact information for the attorney representing 4 the person acting as surrogate, and the spouse of the person acting as 5 surrogate, if applicable, and the attorney representing the intended 6 parent or parents; and 7 (i) the surrogacy agreement must comply with all of the following 8 terms: 9 (1) As to the person acting as surrogate and the spouse of the person 10 acting as surrogate, if applicable: 11 (i) the person acting as surrogate agrees to undergo embryo transfer 12 and attempt to carry and give birth to the child; 13 (ii) the person acting as surrogate and the spouse of the person 14 acting as surrogate, if applicable, agree to surrender custody of all 15 resulting children to the intended parent or parents immediately upon 16 birth; 17 (iii) the surrogacy agreement shall include the name of the attorney 18 representing the person acting as surrogate and, if applicable, the 19 spouse of the person acting as surrogate; 20 (iv) the surrogacy agreement must include an acknowledgement by the 21 person acting as surrogate and the spouse of the person acting as surro- 22 gate, if applicable, that they have received a copy of the Surrogate's 23 Bill of Rights from their legal counsel; 24 (v) the surrogacy agreement must permit the person acting as surrogate 25 to make all health and welfare decisions regarding themselves and their 26 pregnancy including but not limited to, whether to consent to a cesarean 27 section or multiple embryo transfer, and notwithstanding any other 28 provisions in this chapter, provisions in the agreement to the contrary 29 are void and unenforceable. This article does not diminish the right of 30 the person acting as surrogate to terminate or continue a pregnancy; 31 (vi) the surrogacy agreement shall permit the person acting as a 32 surrogate to utilize the services of a health care practitioner of the 33 person's choosing; 34 (vii) the surrogacy agreement shall not limit the right of the person 35 acting as surrogate to terminate or continue the pregnancy or reduce or 36 retain the number of fetuses or embryos the person is carrying; 37 (viii) the surrogacy agreement shall provide for the right of the 38 person acting as surrogate, upon request, to obtain counseling to 39 address issues resulting from the person's participation in the surroga- 40 cy [agreement] arrangement, including, but not limited to, counseling 41 following delivery. The cost of that counseling shall be paid by the 42 intended parent or parents; 43 (ix) the surrogacy agreement must include a notice that any compen- 44 sation received pursuant to the agreement may affect the eligibility of 45 the person acting as [surrogate's ability] surrogate and the person 46 acting as surrogate's spouse, if applicable, for public benefits or the 47 amount of such benefits; and 48 (x) the surrogacy agreement shall provide that, upon the person acting 49 as surrogate's request, the intended parent or parents [have or will50procure and] shall pay for a disability insurance policy [for] or other 51 insurance policy to cover any lost wages incurred by the person acting 52 as surrogate in connection with their participation in the surrogacy 53 arrangement; the person acting as surrogate may designate the benefici- 54 ary of the person's choosing. In the event that such insurance coverage 55 is not available, the intended parent or parents shall reimburse theS. 6386 13 1 person acting as surrogate for any lost wages they incur in connection 2 with their participation in the surrogacy arrangement. 3 (2) As to the intended parent or parents: 4 (i) the intended parent or parents agree to accept custody of all 5 resulting children immediately upon birth regardless of number, gender, 6 or mental or physical condition and regardless of whether the intended 7 embryo or embryos was or were transferred due to a laboratory error 8 without diminishing the rights, if any, of anyone claiming to have a 9 superior parental interest in the child; and 10 (ii) the intended parent or parents [agree to] shall assume responsi- 11 bility for the support of all resulting children immediately upon birth; 12 and 13 (iii) the surrogacy agreement shall include the name of the attorney 14 representing the intended parent or parents; and 15 (iv) the surrogacy agreement shall provide that the rights and obli- 16 gations of the intended parent or parents under the surrogacy agreement 17 are not assignable; and 18 (v) the intended parent or parents [agree to] shall execute a will, 19 prior to the embryo transfer, designating a guardian for all resulting 20 children and authorizing their executor to perform the [intended21parent's or parents'] obligations of the intended parent or parents 22 pursuant to the surrogacy agreement. 23 § 10. Subdivision (b) of section 581-404 of the family court act, as 24 added by section 1 of part L of chapter 56 of the laws of 2020, is 25 amended to read as follows: 26 (b) The subsequent separation or divorce of the intended parents does 27 not affect the rights, duties and responsibilities of the intended 28 parents as outlined in the surrogacy agreement. After the execution of a 29 surrogacy agreement under this article, the subsequent spousal relation- 30 ship of the intended parent does not affect the validity of a surrogacy 31 agreement, and the consent of the spouse of [the] an intended parent to 32 the agreement shall not be required. 33 § 11. Section 581-405 of the family court act, as added by section 1 34 of part L of chapter 56 of the laws of 2020, is amended to read as 35 follows: 36 § 581-405. Termination of surrogacy agreement. After the execution of 37 a surrogacy agreement but before the person acting as surrogate becomes 38 pregnant by means of assisted reproduction, the person acting as surro- 39 gate, the spouse of the person acting as surrogate, if applicable, or 40 any intended parent may terminate the surrogacy agreement by giving 41 notice of termination in a record to all other parties. Upon proper 42 termination of the surrogacy agreement the parties are released from all 43 obligations recited in the surrogacy agreement except that the intended 44 parent or parents [remains] shall remain responsible for all [expenses45that are reimbursable] lost wages and other financial obligations which 46 have accrued under the agreement [which have been incurred by the person47acting as surrogate] through the date of termination. If the intended 48 parent or parents terminate the surrogacy agreement pursuant to this 49 section after the person acting as surrogate has taken any medication or 50 commenced treatment to further embryo transfer, such intended parent or 51 parents shall be responsible for paying [for or reimbursing the person52acting as surrogate for all co-payments, deductibles,] any other out-of- 53 pocket medical costs[, and any other economic losses] incurred within 54 twelve months of the termination of the agreement [and] which, as docu- 55 mented by a health care practitioner, are associated with taking such 56 medication or undertaking such treatment. Unless the agreement providesS. 6386 14 1 otherwise, the person acting as surrogate is entitled to keep all 2 payments received and obtain all payments to which the person is enti- 3 tled up until the date of termination of the agreement. Neither a 4 person acting as surrogate nor the spouse of the person acting as surro- 5 gate, if [any] applicable, is liable to the intended parent or parents 6 for terminating a surrogacy agreement as provided in this section. 7 § 12. Section 581-406 of the family court act, as added by section 1 8 of part L of chapter 56 of the laws of 2020, is amended to read as 9 follows: 10 § 581-406. Parentage under compliant surrogacy agreement. Upon the 11 birth of a child conceived by assisted reproduction under a surrogacy 12 agreement that complies with this part, each intended parent is, by 13 operation of law, a parent of the child and neither the person acting as 14 [a] surrogate nor the person's spouse, if [any] applicable, is a parent 15 of the child. 16 § 13. Section 581-409 of the family court act, as added by section 1 17 of part L of chapter 56 of the laws of 2020, is amended to read as 18 follows: 19 § 581-409. Dispute as to surrogacy agreement. (a) Any dispute which is 20 related to a surrogacy agreement other than disputes as to parentage, 21 which are not resolved through alternative dispute resolution methods 22 shall be resolved by the supreme court, which shall determine the 23 respective rights and obligations of the parties[, in]. In any proceed- 24 ing initiated pursuant to this section, the court may, at its 25 discretion, authorize the use of conferencing or mediation at any point 26 in the proceedings. 27 (b) Except as expressly provided in the surrogacy agreement[, the28intended parent or parents and the person acting as surrogate shall be29entitled to all remedies available at law or equity in any dispute30related to the surrogacy agreement.31(c) There shall be no specific performance remedy available for a32breach] or subdivisions (c) or (d) of this section, if the agreement is 33 breached by the person acting as surrogate or one or more intended 34 parent, the non-breaching party shall be entitled to all remedies avail- 35 able at law or in equity in any dispute related to the surrogacy agree- 36 ment. 37 (c) Specific performance shall not be a remedy available for a breach 38 by a person acting as surrogate of a provision in the surrogacy agree- 39 ment that the person acting as surrogate be impregnated, agree to a 40 multiple embryo transfer, terminate or not terminate a pregnancy, or 41 submit to medical procedures including a cesarean section. 42 (d) If any intended parent is determined to be the parent of the 43 child, specific performance is a remedy available for: (1) breach of the 44 surrogacy agreement by a person acting as surrogate which prevents the 45 intended parent or parents from exercising the full rights of parentage 46 immediately upon the birth of the child; or (2) breach by the intended 47 parent or parents which prevents their acceptance of the duties of 48 parentage immediately upon the birth of the child. 49 (e) In any proceeding initiated pursuant to this section, where the 50 supreme court determines that the dispute involves both contractual and 51 parentage issues, the court may order that the portion of the 52 proceedings raising parentage issues may be transferred to the family or 53 surrogate's court. 54 § 14. Section 581-502 of the family court act, as added by section 1 55 of part L of chapter 56 of the laws of 2020, is amended to read as 56 follows:S. 6386 15 1 § 581-502. Compensation. (a) Compensation may be paid to a donor or 2 person acting as surrogate based on medical risks, physical discomfort, 3 inconvenience and the responsibilities they are undertaking in 4 connection with their participation in the assisted reproduction. Under 5 no circumstances may compensation be paid to purchase gametes or embryos 6 or for the release of a parental interest in a child. 7 (b) The compensation, if any, paid to a donor or person acting as 8 surrogate must be reasonable and negotiated in good faith between the 9 parties, and said payments to a person acting as surrogate shall not 10 exceed the duration of the pregnancy and a minimum recuperative period 11 of [up to] eight weeks after the birth of any resulting children. 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 donors or of any resulting chil- 16 dren. 17 (e) Compensation to [an] any embryo donor shall be limited to storage 18 fees, transportation costs and attorneys' fees. 19 § 15. Section 581-601 of the family court act, as added by section 1 20 of part L of chapter 56 of the laws of 2020, is amended to read as 21 follows: 22 § 581-601. Applicability. The rights enumerated in this part shall 23 apply to any person acting as surrogate [in] under the laws of this 24 state, notwithstanding any surrogacy agreement, judgment of parentage, 25 memorandum of understanding, verbal agreement or contract to the contra- 26 ry. Except as otherwise provided by law, any written or verbal agreement 27 purporting to waive or limit any of the rights in this part is void as 28 against public policy. The rights enumerated in this part are not exclu- 29 sive, and are in addition to any other rights provided by law, regu- 30 lation, or a surrogacy agreement that meets the requirements of this 31 article. 32 § 16. Section 581-603 of the family court act, as added by section 1 33 of part L of chapter 56 of the laws of 2020, is amended to read as 34 follows: 35 § 581-603. Independent legal counsel. A person acting as surrogate, 36 and the spouse of the person acting as surrogate, if applicable, has the 37 right to be represented throughout the contractual process and the dura- 38 tion of the surrogacy [agreement and its execution] arrangement by inde- 39 pendent legal counsel of their own choosing who is licensed to practice 40 law in the state of New York, to be paid for by the intended parent or 41 parents. The intended parent or parents shall not be required to pay the 42 legal fees for the person acting as surrogate, and the spouse of the 43 person acting as surrogate, if applicable, in connection with a liti- 44 gated dispute between the parties unless otherwise ordered by an arbiter 45 or court of competent jurisdiction. 46 § 17. Section 581-604 of the family court act, as added by section 1 47 of part L of chapter 56 of the laws of 2020, is amended to read as 48 follows: 49 § 581-604. Health insurance and medical costs. A person acting as 50 surrogate has the right to have a comprehensive health insurance policy 51 that covers preconception [care, prenatal care, major medical treat-52ments, hospitalization and behavioral health care] medical expenses and 53 medical expenses associated with the pregnancy for a term that extends 54 throughout the duration of the expected pregnancy and for twelve months 55 after the birth of the child, a stillbirth, a miscarriage resulting in 56 termination of pregnancy, or termination of the pregnancy, to be paidS. 6386 16 1 for by the intended parent or parents. [The intended parent or parents2shall also pay for or reimburse the person acting as surrogate for all3co-payments, deductibles and any other out-of-pocket medical costs asso-4ciated with pregnancy, childbirth, or postnatal care that accrue5through] In addition, a person acting as a surrogate shall have the 6 right to have the intended parent or parents pay for all of their 7 medical expenses incurred in connection with the surrogacy arrangement, 8 continuing through the duration of the expected pregnancy and for twelve 9 months after the birth of the child, a stillbirth, a miscarriage result- 10 ing in the termination of pregnancy, or the termination of the pregnan- 11 cy. A person acting as a surrogate who is receiving no compensation may 12 waive the right to have the intended parent or parents make such 13 payments or reimbursements. 14 § 18. Section 581-605 of the family court act, as added by section 1 15 of part L of chapter 56 of the laws of 2020, is amended to read as 16 follows: 17 § 581-605. Counseling. A person acting as surrogate has the right to 18 [obtain a comprehensive health insurance policy that covers behavioral19health care and will cover the cost of psychological] mental health 20 counseling to address issues resulting from their participation in [a] 21 the surrogacy [and such policy] arrangement, which shall be paid for by 22 an insurance policy or by the intended parent or parents. 23 § 19. Section 581-606 of the family court act, as added by section 1 24 of part L of chapter 56 of the laws of 2020, is amended to read as 25 follows: 26 § 581-606. Life insurance, contractual liability, or accidental death 27 insurance policy. A person acting as surrogate has the right to be 28 provided a life insurance, contractual liability or accidental death 29 insurance policy that takes effect prior to taking any medication or 30 commencement of treatment to further embryo transfer, provides a minimum 31 benefit of seven hundred fifty thousand dollars, or the maximum amount 32 the person acting as surrogate [qualifying] qualifies for [it] if less 33 than seven hundred fifty thousand dollars, and [has a term that extends] 34 such coverage shall extend throughout the duration of the expected preg- 35 nancy and for twelve months after the birth of the child, a stillbirth, 36 a miscarriage resulting in termination of pregnancy, or termination of 37 the pregnancy, with a beneficiary or beneficiaries of [their] the person 38 acting as surrogate's choosing, to be paid for by the intended parent or 39 parents. 40 § 20. The family court act is amended by adding a new section 581-705 41 to read as follows: 42 § 581-705. A court adjudicating the parentage of a child conceived 43 through assisted reproduction or adjudicating the enforceability of an 44 embryo disposition agreement may apply to section 581-202 and part three 45 of this article retroactively. The participants in a surrogacy arrange- 46 ment that involved the payment of compensation prior to February 47 fifteenth, two thousand twenty-one shall not be eligible to receive a 48 judgment of parentage pursuant to section 581-203 or section 581-406 of 49 this article, but shall be entitled to seek a judgment of parentage 50 pursuant to section 581-407 of this article. 51 § 21. Paragraph (a) of subdivision 2 of section 123 of the domestic 52 relations law, as amended by section 5 of part L of chapter 56 of the 53 laws of 2020, is amended to read as follows: 54 (a) Any party to a genetic surrogate parenting agreement or the spouse 55 of any [part] party to a genetic surrogate parenting agreement whoS. 6386 17 1 violate this section shall be subject to a civil penalty not to exceed 2 five hundred dollars. 3 § 22. Subdivision (c) of section 1400 of the general business law, as 4 added by section 11 of part L of chapter 56 of the laws of 2020, is 5 amended to read as follows: 6 (c) "Surrogacy program" does not include any party to a surrogacy 7 agreement or any person licensed to practice law and representing a 8 party to the surrogacy agreement, but does include and is not limited to 9 any agency, agent, business, or individual engaged in, arranging, or 10 facilitating transactions contemplated by a surrogacy agreement, regard- 11 less of whether such agreement ultimately comports with the requirements 12 of article five-C of the family court act. Any person licensed to prac- 13 tice law shall be deemed a surrogacy program only in those cases where 14 such person is providing matching services to the intended parent or 15 parents and the person acting as a surrogate. 16 § 23. Section 1401 of the general business law, as added by section 11 17 of part L of chapter 56 of the laws of 2020, is amended to read as 18 follows: 19 § 1401. Surrogacy programs regulated under this article. The 20 provisions of this article apply to surrogacy programs arranging or 21 facilitating transactions contemplated by a surrogacy agreement, regard- 22 less of whether such agreement ultimately comports with the requirements 23 under part four of article five-C of the family court act if: 24 (a) The surrogacy program does business in New York state; or 25 (b) A person acting as surrogate who is party to a surrogacy agreement 26 resides in New York state [during the term] at the time of the surrogacy 27 agreement[; or28(c) Any medical procedures under the surrogacy agreement are performed29in New York state] is executed. 30 § 24. Subdivisions (a) and (f) of section 1403 of the general business 31 law, as added by section 11 of part L of chapter 56 of the laws of 2020, 32 are amended to read as follows: 33 (a) Shall keep all funds paid by or on behalf of the intended parent 34 or parents other than funds paid to the surrogacy program for its fees, 35 in an escrow account separate from its operating accounts; and 36 (f) Shall be licensed to operate in New York state pursuant to regu- 37 lations promulgated by the department of health in consultation with the 38 department of financial services[, once such regulations are promulgated39and become effective]; and 40 § 25. Subdivision 1 of section 1404 of the general business law, as 41 added by section 11 of part L of chapter 56 of the laws of 2020, is 42 amended to read as follows: 43 1. The department of health, in consultation with the department of 44 financial services, shall promulgate rules and regulations to implement 45 the requirements of this article regarding surrogacy programs and 46 assisted reproduction service providers in a manner that ensures the 47 safety and health of gamete providers and persons serving as surrogates. 48 Such regulations shall: 49 (a) Require surrogacy programs to monitor compliance with [surrogacy50agreements] eligibility [and requirements in state law] criteria and for 51 the intended parents and persons acting as surrogates under this 52 article; and 53 (b) Require the [surrogacy programs and] assisted reproduction service 54 providers to administer informed consent procedures that comply with 55 regulations promulgated by the department of health under section twen- 56 ty-five hundred ninety-nine-cc of the public health law.S. 6386 18 1 § 26. The opening paragraph of paragraph (c) of subdivision 1 of 2 section 2599-cc of the public health law, as added by section 12 of part 3 L of chapter 56 of the laws of 2020, is amended to read as follows: 4 the establishment of a voluntary central tracking registry of persons 5 acting as surrogates, as reported by [surrogacy programs licensed by the6department pursuant to article forty-four of the general business law] 7 assisted reproduction service providers upon the affirmative consent of 8 a person acting as surrogate. Such registry shall provide a means for 9 gathering and maintaining accurate information on the: 10 § 27. This act shall take effect immediately.
