S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6701

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2013
                               ___________

Introduced by M. of A. PAULIN, TITONE, LAVINE, ZEBROWSKI, WEPRIN, ROBIN-
  SON,  GALEF,  JAFFEE,  OTIS,  MAISEL,  SCARBOROUGH,  GABRYSZAK,  COOK,
  BOYLAND -- Multi-Sponsored by -- M.  of A. GOTTFRIED, MARKEY, MILLMAN,
  ROSA, WRIGHT -- read once and referred to the Committee on Judiciary

AN ACT to amend the family court act, in relation  to  establishing  the
  child-parent  security  act; and to repeal section 73 and article 8 of
  the domestic relations law, relating to legitimacy of children born by
  artificial insemination and surrogate parenting contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
                                ARTICLE 5-C
                        CHILD-PARENT SECURITY ACT
PART 1 GENERAL PROVISIONS (581-101 - 581-103)
     2 JUDGMENT OF PARENTAGE (581-201 - 581-206)
     3 CHILD   OF   ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION
       (581-301 - 581-307)
     4 GESTATIONAL AGREEMENT (581-401 - 581-411)
     5 PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
     6 FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
       (581-601)
     7 MISCELLANEOUS PROVISIONS (581-701 - 581-703)

                                 PART 1
                           GENERAL PROVISIONS
SECTION 581-101. SHORT TITLE.
        581-102. PURPOSE.
        581-103. DEFINITIONS.
  S 581-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED
AS THE "CHILD-PARENT SECURITY ACT".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05071-04-3
              

A. 6701                             2

  S  581-102.  PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS.
  S 581-103. DEFINITIONS.  (A) "ARTIFICIAL INSEMINATION" MEANS INSERTION
OF  SPERM INTO FEMALE REPRODUCTIVE ORGANS BY ANY MEANS OTHER THAN SEXUAL
INTERCOURSE, INCLUDING INTRAUTERINE INSEMINATION,  WITH  THE  INTENT  TO
CAUSE A PREGNANCY.
  (B) "ASSISTED REPRODUCTION" INCLUDES ALL FERTILITY TREATMENTS IN WHICH
BOTH  EGGS  AND  SPERM  ARE  HANDLED. IN THE FOREGOING CONTEXT, THE TERM
INCLUDES, BUT IS NOT LIMITED TO IN-VITRO FERTILIZATION AND  TRANSFER  OF
EMBRYOS INCLUDING DONATED GAMETES OR DONATED EMBRYOS.
  (C) "ART PROVIDER" MEANS ANY ENTITY WHICH ASSISTS WITH ASSISTED REPRO-
DUCTIVE TECHNOLOGY.
  (D)  "ASSISTED  REPRODUCTIVE  TECHNOLOGY"  OR  "ART" IS ANY MEDICAL OR
SCIENTIFIC INTERVENTION, INCLUDING, BUT NOT LIMITED TO, ASSISTED REPROD-
UCTION, PROVIDED FOR THE PURPOSE OF ACHIEVING LIVE  BIRTH  THAT  RESULTS
FROM  ASSISTED  CONCEPTION. ASSISTED CONCEPTION MEANS THE FORMATION OF A
HUMAN EMBRYO OUTSIDE THE BODY WITH THE INTENT TO PRODUCE A LIVE BIRTH.
  (E) "CHILD" MEANS A LIVE BORN INDIVIDUAL OF ANY  AGE  WHOSE  PARENTAGE
MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
  (F) "COLLABORATIVE REPRODUCTION" INVOLVES ARTIFICIAL INSEMINATION WITH
DONOR  SPERM  AND ANY ASSISTED REPRODUCTION IN WHICH AN INDIVIDUAL OTHER
THAN THE INTENDED PARENT PROVIDES GENETIC MATERIAL OR AGREES TO ACT AS A
GESTATIONAL CARRIER. IT CAN INCLUDE, BUT IS NOT LIMITED TO, (1) ATTEMPTS
BY THE INTENDED PARENT TO CREATE A CHILD THROUGH MEANS OF A  GESTATIONAL
ARRANGEMENT,  WITH  OR  WITHOUT  THE  INVOLVEMENT  OF  A  DONOR, AND (2)
ASSISTED REPRODUCTION INVOLVING A DONOR WHERE A GESTATIONAL  CARRIER  IS
NOT USED.
  (G)  "COMPENSATION"  MEANS  PAYMENT  OF ANY VALUABLE CONSIDERATION FOR
TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
AND ANCILLARY COSTS.
  (H) "DONOR" MEANS AN INDIVIDUAL WHO PRODUCES EGGS OR  SPERM  USED  FOR
ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION, WHETHER OR NOT FOR
CONSIDERATION. DONOR ALSO INCLUDES AN  INDIVIDUAL  OR  INDIVIDUALS  WITH
DISPOSITIONAL  CONTROL OF AN EMBRYO WHO PROVIDE IT TO ANOTHER PERSON FOR
THE PURPOSE  OF  GESTATION  AND  RELINQUISHES  ALL  PRESENT  AND  FUTURE
PARENTAL  AND  INHERITANCE  RIGHTS AND OBLIGATIONS TO A RESULTING CHILD.
THE TERM DOES NOT INCLUDE AN INTENDED PARENT WHO PROVIDES GAMETES TO  BE
USED FOR ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
  (I)  "EMBRYO"  MEANS  A  CELL  OR  GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP  OF  SUCH  CELLS,  NOT  A  GAMETE  OR
GAMETES,  THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY  OF  A  WOMAN  UNDER  CONDITIONS  IN  WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
  (J) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE  NECESSARY  TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
  (K) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA  THAT
HAS  THE  POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
HUMAN BEING COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC  DNA,  OF
ANOTHER HUMAN BEING.
  (L)  "GAMETE  PROVIDER" MEANS AN INDIVIDUAL WHO PROVIDES SPERM OR EGGS
FOR USE IN ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION.
  (M) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN INTENDED PARENTS AND
A GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE CHILD
WILL BE THE LEGAL CHILD OF THE INTENDED PARENTS.

A. 6701                             3

  (N) "GESTATIONAL CARRIER"  MEANS  AN  ADULT  WOMAN,  NOT  AN  INTENDED
PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL
BE  THE  LEGAL  CHILD  OF  THE  INTENDED  PARENTS SO LONG AS SHE HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
  (O)  "GESTATIONAL  CARRIER  ARRANGEMENT"  MEANS THE PROCESS BY WHICH A
GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD  CREATED
THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
  (P)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW ACTING  WITHIN  HIS  OR  HER
SCOPE OF PRACTICE.
  (Q)  "INTENDED  PARENT"  IS  AN INDIVIDUAL WHO MANIFESTS THE INTENT AS
PROVIDED IN THIS ACT TO BE LEGALLY  BOUND  AS  THE  PARENT  OF  A  CHILD
RESULTING FROM ASSISTED REPRODUCTION OR COLLABORATIVE REPRODUCTION.
  (R)  "IN-VITRO  FERTILIZATION"  MEANS  THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
  (S) "MEDICAL EVALUATION" MEANS AN EVALUATION AND CONSULTATION  WITH  A
HEALTH CARE PROVIDER REGARDING THE ANTICIPATED PREGNANCY.
  (T)  "PARENT"  MEANS  AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW AND INCLUDES, BUT IS NOT LIMIT-
ED TO: (1) A CHILD'S BIRTH PARENT WHO IS NOT A  GESTATIONAL  CARRIER  OR
THE  SPOUSE OF THE GESTATIONAL CARRIER; (2) A CHILD'S GENETIC PARENT WHO
IS NOT THE DONOR; (3) AN INDIVIDUAL WHO HAS LEGALLY ADOPTED  THE  CHILD;
(4)  AN  INDIVIDUAL  WHO  IS  A  PARENT OF THE CHILD PURSUANT TO A LEGAL
PRESUMPTION; (5) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT  TO
AN  ACKNOWLEDGMENT  OR  JUDGMENT OF PARENTAGE PURSUANT TO ARTICLE TWO OF
THIS ACT OR OTHER LAW; (6) AN INDIVIDUAL WHO IS A PARENT  OF  THE  CHILD
PURSUANT TO ARTICLE THREE, FOUR, OR SIX OF THIS ACT.
  (U)  "PARTICIPANT"  MEANS  AN  INDIVIDUAL WHO PROVIDES A BIOLOGICAL OR
GENETIC COMPONENT OF ASSISTED REPRODUCTION OR  ARTIFICIAL  INSEMINATION,
AN  INTENDED PARENT, AND THE SPOUSE OF AN INTENDED PARENT OR GESTATIONAL
CARRIER. GESTATION IS A BIOLOGICAL COMPONENT WITHIN THE MEANING OF  THIS
DEFINITION.
  (V)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
  (W) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
PROVIDER.
  (X)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
SHIP.
  (Y) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  (Z) "TIME OF TRANSFER" MEANS THE TIME AT WHICH A GAMETE OR  EMBRYO  IS
TRANSFERRED  INTO  THE  BODY  OF A WOMAN WITH THE INTENT TO PRODUCE LIVE
BIRTH.
  (AA) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES  INTO  THE
BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.

                                 PART 2
                          JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.

A. 6701                             4

        581-202. PROCEEDING  FOR  JUDGMENT  OF PARENTAGE OF A CHILD BORN
                   THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
                   TION.
        581-203.  PROCEEDING  FOR  JUDGMENT OF PARENTAGE OF A CHILD BORN
                   PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT.
        581-204. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  WHOSE
                   PARENTAGE  IS ESTABLISHED PURSUANT TO SECTION 581-601
                   OF THIS ARTICLE.
        581-205. JUDGMENT OF PARENTAGE  FOR  INTENDED  PARENTS  WHO  ARE
                   SPOUSES.
        581-206. JURISDICTION.
  S 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED  TO  ADJUDICATE  THE PARENTAGE OF A CHILD UNDER THE CIRCUMSTANCES
SET FORTH IN THIS ARTICLE. THIS PROCEEDING IS GOVERNED BY THE  NEW  YORK
CIVIL PRACTICE LAW AND RULES.
  (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
  (C)  A  JUDGMENT  OF  PARENTAGE  SHALL BE ISSUED BY THE COURT UPON THE
PETITION OF (1) A CHILD, OR (2) A PARENT, OR (3) A PARTICIPANT,  OR  (4)
THE  SUPPORT/ENFORCEMENT  AGENCY OR OTHER GOVERNMENTAL AGENCY AUTHORIZED
BY OTHER LAW, OR (5) A REPRESENTATIVE AUTHORIZED BY LAW TO  ACT  FOR  AN
INDIVIDUAL  WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN A PROCEEDING BUT
WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO  LEGALLY  ESTAB-
LISH THE CHILD-PARENT RELATIONSHIP UNDER THE FOLLOWING CIRCUMSTANCES:
  (I) A CHILD BORN THROUGH ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINA-
TION UNDER PART THREE OF THIS ARTICLE; OR
  (II)  A CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT UNDER
PART FOUR OF THIS ARTICLE; OR
  (III) A CHILD WHOSE PARENTAGE CAN BE ESTABLISHED PURSUANT TO PART  SIX
OF THIS ARTICLE.
  S  581-202.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF A CHILD BORN
THROUGH  ASSISTED  REPRODUCTION  OR  ARTIFICIAL  INSEMINATION.    (A)  A
PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE COMMENCED:
  (1)  IF  THE  INTENDED PARENTS RESIDE IN NEW YORK STATE, IN THE COUNTY
WHERE THE INTENDED PARENTS RESIDE ANY TIME AFTER PREGNANCY  IS  ACHIEVED
OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
  (2) IF THE INTENDED PARENTS AND CHILD DO NOT RESIDE IN NEW YORK STATE,
UP  TO  NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY WHERE THE
CHILD IS BORN.
  (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
INCLUDE THE FOLLOWING:
  (1)  A  STATEMENT THAT THE INTENDED PARENTS HAVE BEEN RESIDENTS OF THE
STATE FOR AT LEAST NINETY DAYS OR IF THEY ARE NOT NEW YORK  STATE  RESI-
DENTS, THE CHILD WAS BORN IN THE STATE; AND
  (2)  A STATEMENT FROM THE GESTATING MOTHER THAT SHE BECAME PREGNANT AS
A RESULT OF THE DONATION OF THE GAMETES OR EMBRYOS AND A  REPRESENTATION
OF NON-ACCESS DURING THE TIME OF CONCEPTION; AND
  (3)  A  STATEMENT  THAT  THE  INTENDED  PARENTS  CONSENTED TO ASSISTED
REPRODUCTION OR ARTIFICIAL INSEMINATION PURSUANT TO SECTION  581-304  OF
THIS ARTICLE; AND
  (4) WHERE THE GAMETES OR EMBRYOS WERE RECEIVED FROM A GAMETE OR EMBRYO
STORAGE FACILITY, AN ATTACHED STATEMENT FROM THE FACILITY HAVING CUSTODY
OF  THE  GAMETES  OR  EMBRYOS  DEMONSTRATING  THE DONATIVE INTENT OF THE
GAMETE OR EMBRYO DONOR.
  (C) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S  DONA-
TIVE INTENT:

A. 6701                             5

  (1)  IN THE CASE OF AN ANONYMOUS DONOR, A STATEMENT FROM THE GAMETE OR
EMBRYO STORAGE FACILITY WITH CUSTODY OF THE GAMETES OR EMBRYOS THAT  THE
DONOR  RELINQUISHED  ANY PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES
OR EMBRYOS AT THE TIME OF DONATION; AND
  (2)  IN  THE CASE OF A DONATION FROM A KNOWN DONOR, A NOTARIZED STATE-
MENT FROM THE GAMETE OR EMBRYO  DONOR  ACKNOWLEDGING  THE  DONATION  AND
CONFIRMING  THAT  THE DONORS HAVE NO PARENTAL OR PROPRIETARY INTEREST IN
THE GAMETES OR EMBRYOS. IN THE ABSENCE OF A NOTARIZED STATEMENT FROM THE
DONOR, THE DONOR SHALL BE SERVED BY  MAIL  AT  THE  DONOR'S  LAST  KNOWN
ADDRESS WITH NOTICE OF THE PROCEEDING. FAILURE TO RESPOND TO SAID NOTICE
SHALL BE CONSIDERED A DEFAULT AND NO FURTHER NOTICE SHALL BE REQUIRED.
  (D)  WHERE A PETITION DEMONSTRATES THE CONSENT OF THE INTENDED PARENTS
PURSUANT TO SECTION 581-304 OF THIS ARTICLE, THE DONATIVE INTENT OF  THE
GAMETE  OR  EMBRYO  DONORS  AND  THAT  THE  PREGNANCY  RESULTED FROM THE
DONATION, THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE:
  (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED  PARENTS
ARE THE ONLY LEGAL PARENTS OF THE CHILD; AND
  (2)  ORDERING  THE  INTENDED PARENTS TO ASSUME SOLE RESPONSIBILITY FOR
THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE  BIRTH  OF
THE CHILD; AND
  (3)  ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK  CITY
DEPARTMENT  OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND  DIRECTING  THAT  THE  HOSPITAL
REPORT  THE  PARENTAGE  OF  THE  CHILD  TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
ICATE  HAS  ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH  CERTIFICATE  IN  AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
  S 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN PURSU-
ANT  TO  A  GESTATIONAL CARRIER ARRANGEMENT.   (A) THE PROCEEDING MAY BE
COMMENCED AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN  EXECUTED
BY  ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT NOT JOIN-
ING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING.  FAIL-
URE  TO  RESPOND  TO  THE  NOTICE  SHALL  BE CONSIDERED A DEFAULT AND NO
FURTHER NOTICE SHALL BE REQUIRED.
  (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
INCLUDE THE FOLLOWING:
  (1)  A  STATEMENT THAT THE GESTATIONAL CARRIER OR THE INTENDED PARENTS
HAVE BEEN RESIDENTS OF THE STATE FOR AT LEAST NINETY DAYS  AT  THE  TIME
THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
  (2)  A  CERTIFICATION  FROM THE ATTORNEYS REPRESENTING THE PETITIONERS
THAT THE PARTIES ARE ELIGIBLE TO PARTICIPATE IN THE GESTATIONAL  CARRIER
ARRANGEMENT  AS REQUIRED BY SECTION 581-404 OF THIS ARTICLE AND THAT THE
GESTATIONAL AGREEMENT CONTAINS THE REQUIRED TERMS UNDER SECTION  581-405
OF THIS ARTICLE; AND
  (3)  A  STATEMENT THAT THE PARTIES ENTERED INTO THE GESTATIONAL AGREE-
MENT KNOWINGLY AND VOLUNTARILY.
  (C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF  THIS  SECTION,  THE
COURT   SHALL   ISSUE   A  JUDGMENT  OF  PARENTAGE,  WITHOUT  ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
  (1) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM  OF
THE GESTATIONAL AGREEMENT, THE INTENDED PARENTS ARE THE LEGAL PARENTS OF
THE CHILD; AND

A. 6701                             6

  (2)  DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND HER  SPOUSE,  IF
ANY, ARE NOT THE LEGAL PARENTS OF THE CHILD; AND
  (3) ORDERING THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY, TO TRANS-
FER  THE CHILD TO THE INTENDED PARENTS IF THIS HAS NOT ALREADY OCCURRED;
AND
  (4) ORDERING THE INTENDED PARENTS TO ASSUME  SOLE  RESPONSIBILITY  FOR
THE  MAINTENANCE  AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF
THE CHILD; AND
  (5) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE  JUDGMENT
OF  PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS  IN
THE  HOSPITAL  WHERE  THE  CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE  CHILD  TO  THE  APPROPRIATE  DEPARTMENT  OF
HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER  DIRECTING  THE
APPROPRIATE  DEPARTMENT  OF  HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
  (D) THE AGREEMENT OF THE INTENDED PARENTS TO  PAY  REASONABLE  COMPEN-
SATION  TO  THE  GESTATIONAL CARRIER IN EXCESS OF REASONABLE MEDICAL AND
ANCILLARY COSTS SHALL NOT BE A BAR TO THE  ISSUANCE  OF  A  JUDGMENT  OF
PARENTAGE.
  S  581-204.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE OF A CHILD WHOSE
PARENTAGE IS ESTABLISHED PURSUANT TO SECTION 581-601 OF THIS ARTICLE.  A
PROCEEDING FOR A JUDGMENT OF PARENTAGE  MAY  BE  COMMENCED  BY  VERIFIED
PETITION TO ESTABLISH PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE AT
ANY TIME IN THE COUNTY OF RESIDENCE OF THE CHILD OR OF A PARENT, INCLUD-
ING A PERSON ASSERTING TO HAVE FORMED A PARENT-CHILD RELATIONSHIP WITH A
CHILD  UNDER  SECTION  581-601  OF THIS ARTICLE. UPON A DETERMINATION OF
PARENTAGE UNDER SECTION 581-601 OF THIS ARTICLE, THE COURT SHALL ISSUE A
JUDGMENT OF PARENTAGE DECLARING THE PARENTS OF THE CHILD FOR  ALL  LEGAL
PURPOSES.
  S 581-205. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING  OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
APPLY, A JUDGMENT OF PARENTAGE  MAY  BE  OBTAINED  UNDER  THIS  PART  BY
INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE.
  S  581-206. JURISDICTION.  PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE
INSTITUTED IN THE  SUPREME,  FAMILY  OR  SURROGATE'S  COURT  EXCEPT  FOR
PROCEEDINGS  PURSUANT  TO SECTION 581-204 OF THIS PART MAY BE INSTITUTED
IN THE SUPREME OR FAMILY COURT.

                                 PART 3
        CHILD OF ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION
SECTION 581-301. SCOPE OF ARTICLE.
        581-302. STATUS OF DONOR.
        581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION OR  ARTIFI-
                   CIAL INSEMINATION.
        581-304. CONSENT  TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMI-
                   NATION.
        581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
                   ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.
        581-306. EFFECT OF DISSOLUTION OF  RELATIONSHIP  OF  SPOUSES  OR
                   WITHDRAWAL OF CONSENT.
        581-307. EFFECT OF DEATH OF INTENDED PARENT.
  S 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.

A. 6701                             7

  S  581-302.  STATUS  OF  DONOR.    A  DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION OR  ARTIFICIAL  INSEMINATION
EXCEPT AS PROVIDED IN SECTION 581-303 OF THIS PART.
  S  581-303.  PARENTAGE OF CHILD OF ASSISTED REPRODUCTION OR ARTIFICIAL
INSEMINATION.   (A) AN INDIVIDUAL  WHO  PROVIDES  GAMETES  FOR  ASSISTED
REPRODUCTION  OR  ARTIFICIAL INSEMINATION WITH THE INTENT TO BE A PARENT
OF THE CHILD, OR CONSENTS TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMI-
NATION AS PROVIDED IN SECTION 581-304 OF THIS PART, IS A PARENT  OF  THE
RESULTING CHILD FOR ALL LEGAL PURPOSES.
  (B) UPON APPLICATION BY ANY PARTICIPANT, THE COURT SHALL ISSUE A JUDG-
MENT  OF  PARENTAGE  TO ANY PARTICIPANT WHO IS A PARENT PURSUANT TO THIS
ACT.
  S 581-304. CONSENT TO ASSISTED REPRODUCTION  OR  ARTIFICIAL  INSEMINA-
TION.  (A) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS
OF  ASSISTED  REPRODUCTION  OR  ARTIFICIAL INSEMINATION IS A SPOUSE, THE
CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION OR ARTIFICIAL INSE-
MINATION IS PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE  PARENTAGE  OF
THE CHILD, EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
  (B)  CONSENT TO ASSISTED REPRODUCTION OR ARTIFICIAL INSEMINATION BY AN
INDIVIDUAL WHO INTENDS TO BE A PARENT AND  IS  NOT  THE  SPOUSE  OF  THE
INTENDED  PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPROD-
UCTION OR ARTIFICIAL INSEMINATION MUST  BE  IN  A  SIGNED  RECORD  WHICH
ACKNOWLEDGES  THE INTENDED PARENTS' JOINT PARTICIPATION AND INTENTION TO
PARENT TOGETHER.
  (C) THE FAILURE OF A  PERSON  TO  SIGN  A  RECORD  EVIDENCING  HIS/HER
CONSENT  AS  PROVIDED  IN  SUBDIVISION  (B)  OF  THIS  SECTION SHALL NOT
PRECLUDE A FINDING THAT SUCH CONSENT EXISTED IF THE COURT FINDS BY CLEAR
AND CONVINCING EVIDENCE THAT AT THE TIME OF THE  CHILD'S  CONCEPTION  OR
BIRTH,  BOTH  THE  INTENDED PARENT WHO GIVES BIRTH TO THE CHILD AND SUCH
PERSON RESIDED IN THE SAME HOUSEHOLD  AS  INTIMATE  PARTNERS,  AND  HELD
THEMSELVES AND EACH OTHER OUT AS THE PARENTS OF THE INTENDED CHILD.
  S  581-305.  LIMITATION  ON  SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION AND ARTIFICIAL INSEMINATION.  (A) EXCEPT AS OTHER-
WISE PROVIDED IN SUBDIVISION (B) OF THIS  SECTION,  NEITHER  SPOUSE  MAY
CHALLENGE THE PRESUMPTION OF PARENTAGE OF THE CHILD UNLESS:
  (1)  WITHIN  TWO  YEARS  AFTER  LEARNING  OF  THE BIRTH OF THE CHILD A
PROCEEDING IS COMMENCED TO ADJUDICATE PARENTAGE; AND
  (2) THE COURT FINDS BY  CLEAR  AND  CONVINCING  EVIDENCE  THAT  EITHER
SPOUSE  DID  NOT  CONSENT FOR THE NON-GESTATING SPOUSE TO BE A PARENT OF
THE CHILD.
  (B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT  ANY
TIME IF THE COURT DETERMINES THAT:
  (1)  THE  SPOUSE  DID NOT PROVIDE GAMETES FOR, OR CONSENT TO, ASSISTED
REPRODUCTION OR ARTIFICIAL  INSEMINATION  BY  THE  INDIVIDUAL  WHO  GAVE
BIRTH; AND
  (2)  THE  SPOUSE  AND THE INDIVIDUAL WHO GAVE BIRTH HAVE NOT COHABITED
SINCE THE SPOUSE KNEW OR HAD REASON TO KNOW OF THE PREGNANCY; AND
  (3) THE SPOUSE NEVER OPENLY HELD OUT THE CHILD AS HIS OR HER OWN.
  (C) THE LIMITATION PROVIDED IN  THIS  SECTION  APPLIES  TO  A  SPOUSAL
RELATIONSHIP  THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
  S 581-306. EFFECT OF DISSOLUTION OF RELATIONSHIP OF SPOUSES  OR  WITH-
DRAWAL  OF CONSENT.  AN INDIVIDUAL WHO WITHDRAWS CONSENT PRIOR TO TRANS-
FER IS NOT A PARENT.
  S 581-307. EFFECT OF DEATH OF INTENDED PARENT.   EXCEPT  AS  OTHERWISE
PROVIDED  IN  THE  ESTATES,  POWERS AND TRUSTS LAW, IF AN INDIVIDUAL WHO

A. 6701                             8

CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION OR ARTIFI-
CIAL INSEMINATION DIES BEFORE THE TRANSFER OF EGGS, SPERM,  OR  EMBRYOS,
THE  DECEASED  INDIVIDUAL  IS NOT A PARENT OF THE RESULTING CHILD UNLESS
THE  DECEASED  INDIVIDUAL  CONSENTED IN A SIGNED RECORD THAT IF ASSISTED
REPRODUCTION OR ARTIFICIAL INSEMINATION WERE TO OCCUR AFTER  DEATH,  THE
DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD.

                                 PART 4
                          GESTATIONAL AGREEMENT
SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
        581-404. ELIGIBILITY.
        581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.
        581-406. TERMINATION OF GESTATIONAL AGREEMENT.
        581-407. GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT SPOUSAL
                   RELATIONSHIP.
        581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE.
        581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.
        581-410. INSPECTION OF RECORDS.
        581-411. EXCLUSIVE, CONTINUING JURISDICTION.
  S 581-401. GESTATIONAL AGREEMENT AUTHORIZED.   (A) IF  ELIGIBLE  UNDER
THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
ER,  HER SPOUSE IF APPLICABLE, AND THE INTENDED PARENTS MAY ENTER INTO A
GESTATIONAL AGREEMENT WHICH WILL BE ENFORCEABLE PROVIDED THE GESTATIONAL
AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTICLE.
  (B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH  OF  A  CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
  (C)  A  GESTATIONAL  AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
  (D) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER TO MAKE DECISIONS TO SAFEGUARD HER HEALTH.
  S 581-404. ELIGIBILITY.  (A) A GESTATIONAL CARRIER SHALL  BE  ELIGIBLE
TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
SHE  HAS  MET  THE  FOLLOWING  REQUIREMENTS  AT THE TIME THE GESTATIONAL
AGREEMENT IS EXECUTED:
  (1) SHE IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
  (2) SHE HAS COMPLETED A MEDICAL EVALUATION WITH A HEALTH CARE  PRACTI-
TIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
  (3)  SHE HAS UNDERGONE LEGAL CONSULTATION WITH INDEPENDENT LEGAL COUN-
SEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND  THE  POTENTIAL
LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
  (4) SHE HAS, OR THE GESTATIONAL AGREEMENT STIPULATES THAT PRIOR TO THE
EMBRYO  TRANSFER, SHE WILL OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS
MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION, AND THE  HEALTH  INSURANCE
POLICY  HAS  A TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED
PREGNANCY AND FOR EIGHT WEEKS AFTER THE BIRTH OF THE CHILD;  THE  POLICY
MAY  BE  PROCURED  AND PAID FOR BY THE INTENDED PARENTS ON BEHALF OF THE
GESTATIONAL CARRIER PURSUANT TO THE GESTATIONAL AGREEMENT.
  (B) THE INTENDED PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN  ENFORCEA-
BLE  GESTATIONAL  AGREEMENT  UNDER THIS ARTICLE IF HE, SHE, OR THEY HAVE
MET THE FOLLOWING REQUIREMENTS AT THE TIME THE GESTATIONAL AGREEMENT WAS
EXECUTED:
  (1) HE, SHE, OR THEY HAVE UNDERGONE LEGAL CONSULTATION WITH  INDEPEND-
ENT  LEGAL  COUNSEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND
THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT;
AND

A. 6701                             9

  (2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE  INTIMATE  PARTNERS
TOGETHER, EXCEPT WHERE THE INTENDED PARENT AND HIS OR HER SPOUSE:
  (I)  ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF  SEPARATION  SUBSCRIBED
BY  THE  PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
  (II) HAVE BEEN LIVING SEPARATE AND APART  FOR  AT  LEAST  THREE  YEARS
PRIOR  TO EXECUTION OF THE GESTATIONAL AGREEMENT, THEN THE SPOUSE OF THE
INTENDED PARENT IS NOT REQUIRED TO BE A PARTY TO THE GESTATIONAL  AGREE-
MENT AND SHALL NOT HAVE PARENTAL RIGHTS OR OBLIGATIONS TO THE CHILD.
  S  581-405.  REQUIREMENTS OF GESTATIONAL AGREEMENT.  (A) A GESTATIONAL
AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED  THE  REQUIREMENTS  OF  THIS
ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
  (1)  IT  SHALL BE IN A SIGNED RECORD VERIFIED BY THE INTENDED PARENTS,
THE GESTATIONAL CARRIER, AND HER SPOUSE, IF ANY; AND
  (2) IT SHALL BE EXECUTED PRIOR TO  THE  COMMENCEMENT  OF  ANY  MEDICAL
PROCEDURES  IN  FURTHERANCE OF THE GESTATIONAL CARRIER ARRANGEMENT OTHER
THAN MEDICAL EVALUATIONS  NECESSARY  TO  DETERMINE  ELIGIBILITY  OF  THE
PARTIES PURSUANT TO SECTION 581-404 OF THIS PART; AND
  (3)  IT  SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING THE ELIGI-
BILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-404 OF  THIS  PART
AND BY THE GESTATIONAL CARRIER'S SPOUSE, IF ANY; AND
  (4)  IT  SHALL BE EXECUTED BY INTENDED PARENTS MEETING THE ELIGIBILITY
REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-404 OF THIS PART; AND
  (5) THE GESTATIONAL CARRIER AND THE INTENDED PARENTS SHALL  HAVE  BEEN
REPRESENTED  BY  SEPARATE, INDEPENDENT COUNSEL IN ALL MATTERS CONCERNING
THE GESTATIONAL CARRIER ARRANGEMENT AND THE GESTATIONAL AGREEMENT; AND
  (6) IF THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT  OF  COMPEN-
SATION  TO  THE  GESTATIONAL  CARRIER,  THE COMPENSATION SHALL HAVE BEEN
PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR  TO  THE  GESTA-
TIONAL  CARRIER'S  COMMENCEMENT  OF  ANY  MEDICAL  PROCEDURE  OTHER THAN
MEDICAL EVALUATIONS NECESSARY TO  DETERMINE  THE  GESTATIONAL  CARRIER'S
ELIGIBILITY; AND
  (7) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
  (I) AS TO THE GESTATIONAL CARRIER AND HER SPOUSE, IF ANY:
  (A)  THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO TRANS-
FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
  (B) THE AGREEMENT OF THE GESTATIONAL CARRIER AND HER SPOUSE,  IF  ANY,
TO  SURRENDER  CUSTODY OF ALL RESULTING CHILDREN TO THE INTENDED PARENTS
IMMEDIATELY UPON THE BIRTH; AND
  (C) THE RIGHT OF THE GESTATIONAL CARRIER TO UTILIZE THE SERVICES OF  A
HEALTH  CARE  PRACTITIONER  OF HER CHOOSING, AFTER CONSULTATION WITH THE
INTENDED PARENTS, TO PROVIDE HER CARE DURING THE PREGNANCY; AND
  (II) AS TO THE INTENDED PARENT OR PARENTS:
  (A) THE AGREEMENT TO ACCEPT CUSTODY OF ALL  RESULTING  CHILDREN  IMME-
DIATELY  UPON  BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL
CONDITION; AND
  (B) THE AGREEMENT TO ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE
CHILDREN IMMEDIATELY UPON THE CHILDREN'S BIRTH; AND
  (C) THE AGREEMENT THAT THE RIGHTS  AND  OBLIGATIONS  OF  THE  INTENDED
PARENT OR PARENTS UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE.
  S  581-406.  TERMINATION OF GESTATIONAL AGREEMENT.  (A) AFTER ISSUANCE
OF A JUDGMENT OF PARENTAGE PURSUANT TO SECTION 581-203 OF THIS  ARTICLE,
BUT BEFORE THE GESTATIONAL CARRIER BECOMES PREGNANT BY MEANS OF ASSISTED
REPRODUCTION,  THE GESTATIONAL CARRIER, HER SPOUSE, IF ANY, OR EITHER OF

A. 6701                            10

THE INTENDED PARENTS MAY TERMINATE THE GESTATIONAL AGREEMENT  BY  GIVING
NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES AND ANY LIABILITY
RESULTING  THEREFROM  WILL  BE DETERMINED PURSUANT TO SECTION 581-408 OF
THIS PART.
  (B)  AN  INDIVIDUAL  WHO TERMINATES A GESTATIONAL AGREEMENT UNDER THIS
SECTION SHALL FILE NOTICE OF THE TERMINATION WITH THE COURT. ON  RECEIPT
OF  THE  NOTICE, THE COURT SHALL VACATE THE JUDGMENT OF PARENTAGE ISSUED
UNDER THIS ARTICLE.
  S  581-407.  GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT   SPOUSAL
RELATIONSHIP.  AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER THIS
ARTICLE,  THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL CARRIER
DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL  AGREEMENT,  HER  SPOUSE'S
CONSENT TO THE AGREEMENT SHALL NOT BE REQUIRED, AND HER SPOUSE SHALL NOT
BE THE PRESUMED PARENT OF THE RESULTING CHILD.
  S  581-408.  FAILURE  TO  OBTAIN  A JUDGMENT OF PARENTAGE.   WHERE THE
INTENDED PARENTS OR THE GESTATIONAL CARRIER FAIL TO OBTAIN A JUDGMENT OF
PARENTAGE PURSUANT TO SECTION 581-203 OF THIS ARTICLE, THE PARENTAGE  OF
A  CHILD BORN AS THE RESULT OF A GESTATIONAL CARRIER ARRANGEMENT WILL BE
DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD TAKING INTO  ACCOUNT
GENETICS AND THE INTENT OF THE PARTIES.
  S 581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.  (A) ANY DISPUTE WHICH
IS  RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO PARENT-
AGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH  SHALL  DETERMINE  THE
RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE  PARTIES. IF A GESTATIONAL
AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, THE  AGREEMENT
IS NOT ENFORCEABLE.
  (B)  EXCEPT  AS  EXPRESSLY  PROVIDED IN THE GESTATIONAL AGREEMENT, THE
INTENDED PARENT OR PARENTS AND GESTATIONAL CARRIER SHALL BE ENTITLED  TO
ALL  REMEDIES  AVAILABLE  AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE
GESTATIONAL AGREEMENT.
  (C) THERE SHALL BE NO SPECIFIC  PERFORMANCE  REMEDY  AVAILABLE  FOR  A
BREACH  BY  THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT TERM THAT
REQUIRES HER TO BE IMPREGNATED.
  S 581-410. INSPECTION OF RECORDS.  THE PROCEEDINGS, RECORDS, AND IDEN-
TITIES OF THE INDIVIDUAL PARTIES TO A GESTATIONAL AGREEMENT  UNDER  THIS
ARTICLE  SHALL  BE SEALED EXCEPT UPON THE PETITION OF THE PARTIES TO THE
GESTATIONAL AGREEMENT OR THE CHILD BORN AS A RESULT OF  THE  GESTATIONAL
CARRIER ARRANGEMENT.
  S  581-411. EXCLUSIVE, CONTINUING JURISDICTION.  SUBJECT TO THE JURIS-
DICTIONAL STANDARDS OF SECTION SEVENTY-SIX  OF  THE  DOMESTIC  RELATIONS
LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS ARTICLE HAS EXCLUSIVE,
CONTINUING  JURISDICTION  OF  ALL MATTERS ARISING OUT OF THE GESTATIONAL
AGREEMENT UNTIL A CHILD BORN TO THE GESTATIONAL CARRIER DURING THE PERI-
OD GOVERNED BY THE AGREEMENT ATTAINS THE AGE OF ONE HUNDRED EIGHTY DAYS.

                                 PART 5
               PAYMENT TO DONORS AND GESTATIONAL CARRIERS
SECTION 581-501. REIMBURSEMENT.
        581-502. COMPENSATION.
  S 581-501. REIMBURSEMENT.  (A) A DONOR WHO HAS ENTERED  INTO  A  VALID
AGREEMENT  TO  BE  A  DONOR,  MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
PARENT OR PARENTS FOR ECONOMIC LOSSES INCURRED IN  CONNECTION  WITH  THE
DONATION  WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBR-
YOS.

A. 6701                            11

  (B) PREMIUMS PAID  FOR  INSURANCE  AGAINST  ECONOMIC  LOSSES  DIRECTLY
RESULTING  FROM  THE  RETRIEVAL  OR  STORAGE  OF  GAMETES OR EMBRYOS FOR
DONATION MAY BE REIMBURSED.
  S  581-502. COMPENSATION.   (A) COMPENSATION MAY BE PAID TO A DONOR OR
GESTATIONAL CARRIER BASED ON SERVICES RENDERED, EXPENSES THAT HAVE  BEEN
OR WILL BE INCURRED, TIME, AND INCONVENIENCE. UNDER NO CIRCUMSTANCES MAY
COMPENSATION  BE  PAID  TO PURCHASE GAMETES OR EMBRYOS OR TO PAY FOR THE
RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
  (B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR  GESTATIONAL  CARRIER
MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
SAID  PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION OF
THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO  EIGHT  WEEKS  AFTER  THE
BIRTH OF THE CHILD.
  (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
  (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.

                                 PART 6
    FORMATION OF LEGAL PARENT-CHILD RELATIONSHIP AFTER BIRTH OF CHILD
SECTION 581-601. DETERMINATION OF PARENTHOOD.
  S 581-601. DETERMINATION OF PARENTHOOD.  (A) A PERSON SEEKING TO QUAL-
IFY FOR A JUDGMENT OF PARENTAGE UNDER THIS PART IS REFERRED TO HEREIN AS
"PETITIONER".
  (B)  THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE TO A PETITIONER WHO
DEMONSTRATES THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
  (1) THE PARENT OR PARENTS OF A CHILD  CONSENTED  TO  THE  PETITIONER'S
FORMATION OF A PARENT-CHILD RELATIONSHIP WITH THE CHILD, SUCH CONSENT TO
BE  EXPRESSED  IN WRITTEN FORM, INCLUDING BUT NOT LIMITED TO, ANY OF THE
FOLLOWING EXAMPLES: A SIGNED LETTER AGREEMENT, AN EXECUTED  CONTRACT,  A
BIRTH  ANNOUNCEMENT,  A  RELIGIOUS  CEREMONY  DOCUMENT,  OR  A SCHOOL OR
MEDICAL RECORD; AND
  (2) PETITIONER RESIDED IN THE SAME HOUSEHOLD  WITH  THE  CHILD  FOR  A
LENGTH  OF  TIME  SUFFICIENT, GIVEN THE AGE OF THE CHILD, TO HAVE ESTAB-
LISHED WITH THE CHILD  A  BONDED,  DEPENDENT  RELATIONSHIP  PARENTAL  IN
NATURE; AND
  (3) PETITIONER PERFORMED PARENTAL FUNCTIONS FOR THE CHILD TO A SIGNIF-
ICANT DEGREE; AND
  (4) PETITIONER FORMED A PARENT-CHILD BOND WITH THE CHILD.
  (C) PETITIONER UNDER THIS PART SHALL NOT INCLUDE A GRANDPARENT OF SUCH
MINOR  CHILD,  A  PERSON  WHOSE  RELATIONSHIP WITH THE CHILD IS BASED ON
PAYMENT BY THE PARENT, OR A PERSON WHO HAS NOT AT ANY TIME BEEN AN INTI-
MATE PARTNER WITH A PARENT OF THE CHILD.
  (D) PETITIONER QUALIFYING AS A PARENT  UNDER  THIS  SECTION  SHALL  BE
DEEMED TO BE THE LEGAL PARENT OF SUCH CHILD FOR ALL PURPOSES.
  (E)  A  JUDGMENT  OF  PARENTAGE  SHALL  BE  ISSUED PURSUANT TO SECTION
581-204 OF THIS  ARTICLE  CONFIRMING  ESTABLISHMENT  OF  A  PARENT-CHILD
RELATIONSHIP AS PROVIDED IN THIS PART.

                                 PART 7
                        MISCELLANEOUS PROVISIONS
SECTION 581-701. REMEDIAL.
        581-702. SEVERABILITY.
        581-703. PARENT  UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
                   LAW.

A. 6701                            12

  S 581-701. REMEDIAL.   THIS LEGISLATION IS HEREBY  DECLARED  TO  BE  A
REMEDIAL  STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
  S  581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION  SHALL  NOT  RESULT  IN  THE
INVALIDATION OF ANY OTHER PART.
  S 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
INCLUDE  A  PERSON  ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
OTHER RELEVANT LAW.
  S 2. Section 73 of the domestic relations law is REPEALED.
  S 3. Article 8 of the domestic relations law is REPEALED.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.