S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7272
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend the domestic relations law, in relation to legalizing
   gestational carrier agreements; to amend  the  family  court  act,  in
   relation  to  the  status  of  a  child born pursuant to a gestational
   carrier agreement; to amend the estates, powers  and  trusts  law,  in
   relation  to  inheritance  by  a  child born pursuant to a gestational
   carrier agreement; to amend the social services law,  in  relation  to
   the residency of a child born pursuant to a gestational carrier agree-
   ment;  to  amend  the  insurance law, in relation to certain liability
   coverage; to amend the public health law, in relation to  the  content
   of  birth  certificates;  and  to  repeal  article  8  of the domestic
   relations law relating to surrogate parenting contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known as the "New York gestational carri-
 er agreement act".
   §  2.  Legislative  intent.  The  legislature  finds and declares that
 gestational carrier agreements executed pursuant  to  this  act  are  in
 accord  with  the  public  policy  of  this  state. It is the intent and
 purpose of the legislature to establish consistent standards and  proce-
 dural  safeguards to promote the best interests of the children who will
 be born as a result  of  gestational  carrier  agreements,  protect  all
 parties  involved  in  gestational  carrier agreements and recognize the
 technological advances in assisted reproductive medicine  in  ways  that
 allow  the  use  of  these  advances by intended parents and gestational
 carriers according to the public policy of New York.
   § 3. Article 8 of the domestic relations law is  REPEALED  and  a  new
 article 8 is added to read as follows:
                                 ARTICLE 8
                      GESTATIONAL CARRIER AGREEMENTS

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

                                                            LBD00009-02-9

 A. 7272                             2
 
 SECTION 121. DEFINITIONS.
         122. RIGHTS OF PARENTAGE.
         123. ELIGIBILITY.
         124. REQUIREMENTS FOR A GESTATIONAL CARRIER AGREEMENT.
         125. DUTY TO SUPPORT.
         126. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
         127. REMUNERATION.
         128. PROHIBITIONS.
         129. CERTAIN  PROVISIONS  OF  LAW  NOT APPLICABLE TO GESTATIONAL
                CARRIER AGREEMENTS.
         130. EFFECT OF AN ORDER OF PARENTAGE.
   § 121. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "ADVANCED PRACTICE NURSE" MEANS A PERSON  CERTIFIED  IN  ACCORDANCE
 WITH THE PROVISIONS OF:
   (A) SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW (NURSE PRACTI-
 TIONER PRACTICE);
   (B)  SECTION  SIXTY-NINE HUNDRED ELEVEN OF THE EDUCATION LAW (CLINICAL
 NURSE SPECIALIST);
   (C) ARTICLE ONE HUNDRED  FORTY  OF  THE  EDUCATION  LAW  (PROFESSIONAL
 MIDWIFERY PRACTICE ACT); OR
   (D) AS A NURSE ANESTHETIST.
   2.  "ASSISTED  REPRODUCTIVE  TECHNOLOGY"  MEANS PROCREATIVE LABORATORY
 PROCEDURES INVOLVING HUMAN  EGGS  OR  PRE-EMBRYOS,  INCLUDING,  BUT  NOT
 LIMITED  TO:  IN  VITRO FERTILIZATION; EMBRYO TRANSFER; GAMETE TRANSFER;
 PRONUCLEAR STAGE TRANSFER; AND ZYGOTE TRANSFER.
   3. "ATTORNEY" MEANS A PERSON LICENSED TO PRACTICE LAW IN NEW  YORK  OR
 ANOTHER STATE OR THE DISTRICT OF COLUMBIA.
   4.  "CERTIFIED  NURSE  MIDWIFE"  MEANS A MIDWIFE LICENSED BY THE STATE
 BOARD OF MEDICAL EXAMINERS AS A CERTIFIED NURSE MIDWIFE PURSUANT TO  THE
 PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW.
   5.  "DONOR" MEANS A PERSON WHO CONTRIBUTES GAMETES FOR USE IN ASSISTED
 REPRODUCTION. THE TERM DOES NOT INCLUDE AN INTENDED PARENT WHO  CONTRIB-
 UTES  GAMETES  TO  BE  USED IN ASSISTED REPRODUCTION PURSUANT TO A VALID
 GESTATIONAL CARRIER AGREEMENT.
   6. "FERTILIZATION" MEANS THE INITIAL UNION OF THE SPERM AND THE EGG.
   7. "GAMETE" MEANS SPERM OR EGG.
   8. "GESTATIONAL CARRIER" MEANS A WOMAN  TWENTY-ONE  YEARS  OF  AGE  OR
 OLDER  WHO  AGREES TO BECOME PREGNANT FOR AN INTENDED PARENT BY ASSISTED
 REPRODUCTIVE TECHNOLOGY WITHOUT THE USE OF HER OWN EGG.
   9. "GESTATIONAL CARRIER AGREEMENT" MEANS THE WRITTEN CONTRACT  BETWEEN
 THE  GESTATIONAL  CARRIER AND THE INTENDED PARENT, PURSUANT TO WHICH THE
 INTENDED PARENT AGREES TO BECOME THE LEGAL PARENT  OF  A  CHILD  CREATED
 THROUGH  ASSISTED REPRODUCTIVE TECHNOLOGY AND CARRIED BY THE GESTATIONAL
 CARRIER.
   10. "IMPLANTATION" MEANS WHEN THE FERTILIZED EGG ADHERES TO THE GESTA-
 TIONAL CARRIER'S UTERINE WALL.
   11. "INTENDED PARENT" MEANS A PERSON WHO  ENTERS  INTO  A  GESTATIONAL
 CARRIER  AGREEMENT  WITH  A  GESTATIONAL CARRIER PURSUANT TO SECTION ONE
 HUNDRED TWENTY-FOUR OF THIS ARTICLE, PURSUANT TO WHICH THE PERSON  SHALL
 BE  THE  LEGAL  PARENT  OF  THE  RESULTING CHILD. THE TERM SHALL INCLUDE
 PERSONS WHO ARE SINGLE, MARRIED, PARTNERS IN A CIVIL UNION  OR  DOMESTIC
 PARTNERSHIP,  AND  COUPLES  WHO  ARE  NOT MARRIED OR IN A CIVIL UNION OR
 DOMESTIC PARTNERSHIP. ANY REFERENCE TO AN INTENDED PARENT SHALL  INCLUDE
 BOTH  SPOUSES OR PARTNERS IN A CIVIL UNION OR DOMESTIC PARTNERSHIP. THIS
 TERM SHALL  INCLUDE  THE  INTENDED  MOTHER,  THE  INTENDED  FATHER,  THE

 A. 7272                             3

 INTENDED  MOTHER  AND  INTENDED FATHER, THE INTENDED MOTHER AND INTENDED
 MOTHER, OR THE INTENDED FATHER AND INTENDED FATHER.
   12.  "IN  VITRO FERTILIZATION" MEANS ALL MEDICAL AND LABORATORY PROCE-
 DURES THAT ARE REQUIRED TO EFFECTUATE THE FORMATION OF  A  HUMAN  EMBRYO
 OUTSIDE THE HUMAN BODY.
   13.  "MEDICAL  EVALUATION"  MEANS  AN EVALUATION AND CONSULTATION BY A
 PHYSICIAN, A CERTIFIED NURSE MIDWIFE, OR AN ADVANCED PRACTICE NURSE.
   14. "ORDER OF PARENTAGE" MEANS A JUDGMENT DETERMINING PARENTAGE PURSU-
 ANT TO THE PROVISIONS OF A GESTATIONAL CARRIER AGREEMENT THAT  SATISFIES
 THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-SIX OF THIS ARTICLE.
   15.  "PHYSICIAN"  MEANS  A PERSON LICENSED TO PRACTICE MEDICINE IN NEW
 YORK PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, OR
 LICENSED TO PRACTICE IN ANY ONE OF THE UNITED STATES OR ITS TERRITORIES,
 OR THE DISTRICT OF COLUMBIA.
   16. "PRE-EMBRYO" IS A FERTILIZED EGG PRIOR TO FOURTEEN DAYS OF  DEVEL-
 OPMENT.
   17.  "PRE-EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES
 THAT ARE NECESSARY TO EFFECTUATE THE TRANSFER OF A PRE-EMBRYO  INTO  THE
 UTERINE CAVITY.
   18. "PSYCHOLOGICAL EVALUATION" MEANS AN EVALUATION AND CONSULTATION BY
 A  CLINICAL  SOCIAL WORKER, PSYCHOTHERAPIST, OR PSYCHIATRIST LICENSED BY
 THE STATE OF NEW YORK OR LICENSED TO PRACTICE IN ANY ONE OF  THE  UNITED
 STATES OR ITS TERRITORIES, OR THE DISTRICT OF COLUMBIA.
   19. "REASONABLE EXPENSES" MEANS MEDICAL, HOSPITAL, COUNSELING OR OTHER
 SIMILAR  EXPENSES  INCURRED  IN  CONNECTION WITH THE GESTATIONAL CARRIER
 AGREEMENT, REASONABLE ATTORNEY FEES AND  COSTS  FOR  LEGAL  SERVICES  IN
 CONNECTION  WITH  THE  GESTATIONAL CARRIER AGREEMENT, AND THE REASONABLE
 LIVING EXPENSES OF THE GESTATIONAL CARRIER DURING HER PREGNANCY  INCLUD-
 ING  PAYMENTS  FOR REASONABLE FOOD, CLOTHING, MEDICAL EXPENSES, SHELTER,
 AND RELIGIOUS, PSYCHOLOGICAL, VOCATIONAL, OR SIMILAR COUNSELING SERVICES
 DURING THE PERIOD OF THE PREGNANCY AND DURING THE PERIOD  OF  POSTPARTUM
 RECOVERY. THESE PAYMENTS MAY BE MADE DIRECTLY TO THE GESTATIONAL CARRIER
 OR  ON  THE GESTATIONAL CARRIER'S BEHALF TO THE SUPPLIER OF THE GOODS OR
 SERVICES PURSUANT TO THE GESTATIONAL CARRIER AGREEMENT.
   § 122. RIGHTS OF PARENTAGE. 1. PROVIDED THAT THE  GESTATIONAL  CARRIER
 AND  THE  INTENDED PARENT SATISFY THE ELIGIBILITY REQUIREMENTS SET FORTH
 IN SECTION ONE HUNDRED TWENTY-THREE OF THIS ARTICLE AND THE  GESTATIONAL
 CARRIER  AGREEMENT  SATISFIES  THE REQUIREMENTS SET FORTH IN SECTION ONE
 HUNDRED TWENTY-FOUR OF THIS ARTICLE, IMMEDIATELY UPON THE BIRTH  OF  THE
 CHILD:
   (A) THE INTENDED PARENT SHALL BE THE LEGAL PARENT OF THE CHILD;
   (B)  IN THE CASE OF AN INTENDED PARENT WHO IS A SPOUSE OR PARTNER IN A
 CIVIL UNION OR DOMESTIC PARTNERSHIP, BOTH SPOUSES OR PARTNERS  SHALL  BE
 THE PARENTS OF THE CHILD; AND
   (C) NEITHER THE GESTATIONAL CARRIER NOR HER SPOUSE OR PARTNER, IF ANY,
 SHALL BE THE LEGAL PARENT OF THE CHILD.
   2.  IN THE EVENT OF A MEDICAL OR LABORATORY ERROR IN WHICH THE RESULT-
 ING CHILD IS NOT GENETICALLY RELATED TO AN INTENDED PARENT WHOSE  GAMETE
 WAS  INTENDED  TO BE USED UNDER THE AGREEMENT, THE INTENDED PARENT SHALL
 BE THE PARENT OF THE  CHILD  WHERE  THE  GESTATIONAL  CARRIER  AGREEMENT
 SATISFIES  THE REQUIREMENTS SET FORTH IN SECTION ONE HUNDRED TWENTY-FOUR
 OF THIS ARTICLE, UNLESS OTHERWISE DETERMINED BY  A  COURT  OF  COMPETENT
 JURISDICTION  PURSUANT  TO  A COMPLAINT CHALLENGING PARENTAGE FILED BY A
 GENETIC PARENT WITHIN ONE HUNDRED TWENTY DAYS OF BIRTH.
   § 123. ELIGIBILITY. 1. A GESTATIONAL CARRIER SHALL BE DEEMED  TO  HAVE
 SATISFIED  THE  REQUIREMENTS  OF SECTION ONE HUNDRED TWENTY-FOUR OF THIS

 A. 7272                             4
 
 ARTICLE IF, AT THE TIME THE GESTATIONAL CARRIER AGREEMENT  IS  EXECUTED,
 SHE:
   (A) IS AT LEAST TWENTY-ONE YEARS OF AGE;
   (B) HAS GIVEN BIRTH TO AT LEAST ONE CHILD;
   (C)  HAS  COMPLETED  A MEDICAL EVALUATION APPROVING HER SUITABILITY TO
 SERVE AS A GESTATIONAL CARRIER;
   (D) HAS COMPLETED A PSYCHOLOGICAL EVALUATION APPROVING HER SUITABILITY
 TO SERVE AS A GESTATIONAL CARRIER; AND
   (E) HAS RETAINED AN ATTORNEY, INDEPENDENT OF THE INTENDED PARENT,  BUT
 FOR  WHOSE  SERVICES THE INTENDED PARENT MAY PAY, WHO HAS CONSULTED WITH
 HER ABOUT THE TERMS OF THE GESTATIONAL CARRIER AGREEMENT AND THE  POTEN-
 TIAL  LEGAL  CONSEQUENCES OF BEING A GESTATIONAL CARRIER UNDER THE TERMS
 OF THIS AGREEMENT.
   2. THE INTENDED PARENT SHALL BE DEEMED TO HAVE SATISFIED THE  REQUIRE-
 MENTS OF SECTION ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE IF, AT THE TIME
 THE GESTATIONAL CARRIER AGREEMENT IS EXECUTED, THE INTENDED PARENT:
   (A)  HAS  COMPLETED  A PSYCHOLOGICAL EVALUATION APPROVING THE INTENDED
 PARENT'S SUITABILITY TO PARTICIPATE IN A GESTATIONAL CARRIER  AGREEMENT;
 AND
   (B)  IS  REPRESENTED  BY  AN  ATTORNEY WHO CONSULTED WITH THE INTENDED
 PARENT ABOUT THE TERMS OF THE  GESTATIONAL  CARRIER  AGREEMENT  AND  THE
 POTENTIAL LEGAL CONSEQUENCES OF THE AGREEMENT.
   §  124.  REQUIREMENTS FOR A GESTATIONAL CARRIER AGREEMENT. 1. A GESTA-
 TIONAL CARRIER AGREEMENT SHALL SATISFY THE FOLLOWING REQUIREMENTS:
   (A) IT IS IN WRITING AND EXECUTED  BY  THE  GESTATIONAL  CARRIER,  HER
 SPOUSE  OR PARTNER IN A CIVIL UNION OR DOMESTIC PARTNERSHIP, IF ANY, AND
 EACH INTENDED PARENT. IF THE INTENDED PARENT IS MARRIED OR IN A DOMESTIC
 PARTNERSHIP OR CIVIL UNION AT THE TIME THE INTENDED  PARENT  ENTERS  THE
 AGREEMENT,  BOTH  SPOUSES  OR  PARTNERS  SHALL  MEET THE REQUIREMENTS OF
 SUBDIVISION TWO OF SECTION ONE HUNDRED TWENTY-THREE OF THIS ARTICLE  AND
 SHALL  BE  REQUIRED  TO ENTER INTO THE AGREEMENT AS INTENDED PARENTS. IF
 THE INTENDED PARENT IS NOT MARRIED OR IN A CIVIL UNION OR DOMESTIC PART-
 NERSHIP, NO OTHER PERSON SHALL BE DEEMED A LEGAL  PARENT  OF  THE  CHILD
 UNLESS  THAT PERSON MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION
 ONE HUNDRED TWENTY-THREE OF THIS ARTICLE AND DULY  EXECUTES  THE  AGREE-
 MENT;
   (B)  IT  IS  EXECUTED  AFTER  THE  REQUIRED  MEDICAL AND PSYCHOLOGICAL
 SCREENINGS OF THE GESTATIONAL CARRIER AND THE PSYCHOLOGICAL SCREENING OF
 THE INTENDED PARENT, BUT PRIOR TO THE COMMENCEMENT OF ANY  OTHER  NECES-
 SARY  MEDICAL  PROCEDURES IN FURTHERANCE OF THE IMPLANTATION OF THE PRE-
 EMBRYO; AND
   (C) THE GESTATIONAL CARRIER AND HER SPOUSE OR PARTNER, IF ANY, AND THE
 INTENDED PARENT SHALL HAVE BEEN REPRESENTED BY SEPARATE ATTORNEYS IN ALL
 MATTERS RELATING TO THE GESTATIONAL CARRIER AGREEMENT AND EACH  ATTORNEY
 PROVIDES AN AFFIDAVIT OF SUCH REPRESENTATION.
   2. A GESTATIONAL CARRIER AGREEMENT SHALL PROVIDE:
   (A) EXPRESS TERMS THAT THE GESTATIONAL CARRIER SHALL:
   (1) UNDERGO PRE-EMBRYO TRANSFER AND ATTEMPT TO CARRY AND GIVE BIRTH TO
 THE CHILD;
   (2)  SURRENDER CUSTODY OF THE CHILD TO THE INTENDED PARENT IMMEDIATELY
 UPON THE CHILD'S BIRTH; AND
   (3) HAVE THE RIGHT TO MEDICAL CARE FOR THE PREGNANCY, LABOR, DELIVERY,
 AND POSTPARTUM RECOVERY PROVIDED BY A PHYSICIAN, ADVANCE PRACTICE NURSE,
 OR CERTIFIED NURSE MIDWIFE OF HER CHOICE, AFTER SHE NOTIFIES,  IN  WRIT-
 ING, THE INTENDED PARENT OF HER CHOICE.

 A. 7272                             5
 
   (B)  AN EXPRESS TERM THAT, IF THE GESTATIONAL CARRIER IS MARRIED OR IN
 A CIVIL UNION OR DOMESTIC PARTNERSHIP, THE SPOUSE OR PARTNER  AGREES  TO
 THE OBLIGATIONS IMPOSED ON THE GESTATIONAL CARRIER PURSUANT TO THE TERMS
 OF  THE  GESTATIONAL  CARRIER  AGREEMENT AND TO SURRENDER CUSTODY OF THE
 CHILD TO THE INTENDED PARENT IMMEDIATELY UPON THE CHILD'S BIRTH; AND
   (C) EXPRESS TERMS THAT THE INTENDED PARENT SHALL:
   (1)  ACCEPT  CUSTODY  OF THE CHILD IMMEDIATELY UPON THE CHILD'S BIRTH;
 AND
   (2) ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE CHILD IMMEDIATE-
 LY UPON THE CHILD'S BIRTH.
   3. A GESTATIONAL CARRIER AGREEMENT SHALL BE PRESUMED ENFORCEABLE IF:
   (A) IT SATISFIES THE CONTRACTUAL REQUIREMENTS SET FORTH IN SUBDIVISION
 ONE OF THIS SECTION; AND
   (B) IT CONTAINS AT A MINIMUM EACH OF THE TERMS SET FORTH  IN  SUBDIVI-
 SION TWO OF THIS SECTION.
   4.  IN  ADDITION,  AN  ENFORCEABLE GESTATIONAL CARRIER AGREEMENT SHALL
 INCLUDE A PROVISION SETTING FORTH THE FINANCIAL RESPONSIBILITIES OF  THE
 PARTIES AND SHALL INCLUDE A PROVISION THAT THE INTENDED PARENT SHALL PAY
 THE GESTATIONAL CARRIER'S REASONABLE EXPENSES, AS DEFINED IN SECTION ONE
 HUNDRED  TWENTY-SEVEN OF THIS ARTICLE, UNLESS EXPRESSLY WAIVED, IN WHOLE
 OR IN PART, IN WRITING BY THE GESTATIONAL CARRIER.
   5. IN THE EVENT THAT ANY OF THE REQUIREMENTS OF THIS SECTION  ARE  NOT
 MET,  A  COURT OF COMPETENT JURISDICTION SHALL DETERMINE PARENTAGE BASED
 ON THE PARTIES' INTENT.
   § 125. DUTY TO SUPPORT. 1. THE ESTABLISHMENT OF THE PARENT  AND  CHILD
 RELATIONSHIP  PURSUANT TO A VALID GESTATIONAL CARRIER AGREEMENT SHALL BE
 THE BASIS UPON WHICH AN ACTION FOR CHILD SUPPORT MAY BE BROUGHT  AGAINST
 THE  INTENDED PARENT AND ACTED UPON BY THE COURT WITHOUT FURTHER EVIDEN-
 TIARY PROCEEDINGS.
   2. THE BREACH OF THE GESTATIONAL CARRIER  AGREEMENT  BY  THE  INTENDED
 PARENT  SHALL NOT RELIEVE THE INTENDED PARENT OF THE SUPPORT OBLIGATIONS
 IMPOSED BY THE PARENT AND CHILD RELATIONSHIP CREATED BY  THE  PROVISIONS
 OF SECTION ONE HUNDRED TWENTY-SIX OF THIS ARTICLE.
   3.  UNLESS  A  PERSON  WHO DONATES GAMETES FOR USE IN ASSISTED REPROD-
 UCTION ENTERS INTO A WRITTEN CONTRACT TO THE CONTRARY, THE GAMETE  DONOR
 IS  TREATED IN LAW AS IF THE GAMETE DONOR WERE NOT THE LEGAL PARENT OF A
 CHILD THEREBY CONCEIVED AND SHALL HAVE NO RIGHTS OR DUTIES STEMMING FROM
 THE CONCEPTION OF THE CHILD.
   § 126. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP. 1. AFTER THE GESTA-
 TIONAL CARRIER BECOMES  PREGNANT  IN  ACCORDANCE  WITH  THE  GESTATIONAL
 CARRIER  AGREEMENT  PROVIDED  FOR  IN SECTION ONE HUNDRED TWENTY-FOUR OF
 THIS ARTICLE, THE INTENDED PARENT SHALL FILE A COMPLAINT FOR AN ORDER OF
 PARENTAGE WITH THE FAMILY COURT OF THE COUNTY OF THE CHILD'S ANTICIPATED
 BIRTH OR THE INTENDED PARENT'S OR GESTATIONAL CARRIER'S COUNTY OF  RESI-
 DENCE.
   2. ATTACHED TO THE COMPLAINT SHALL BE:
   (A) AN AFFIDAVIT BY THE GESTATIONAL CARRIER AND HER SPOUSE OR PARTNER,
 IF ANY, AND THE INTENDED PARENT THAT THEY HAVE ENTERED INTO A GESTATION-
 AL  CARRIER AGREEMENT IN CONFORMITY WITH NEW YORK LAW AND, AFTER CONSUL-
 TATION WITH LEGAL COUNSEL, AGREED TO BE BOUND BY THE TERMS OF THE AGREE-
 MENT;
   (B) AN AFFIDAVIT OF REPRESENTATION BY THE ATTORNEY  FOR  THE  INTENDED
 PARENT  AND  THE  ATTORNEY FOR THE GESTATIONAL CARRIER AND HER SPOUSE OR
 PARTNER, IF ANY; AND

 A. 7272                             6

   (C) A STATEMENT FROM THE MEDICAL FACILITY WHICH PERFORMED THE ASSISTED
 REPRODUCTION REGARDING THE ACHIEVEMENT OF PREGNANCY IN  ACCORDANCE  WITH
 THE GESTATIONAL CARRIER AGREEMENT.
   3.  THE  COURT  SHALL, TO THE EXTENT POSSIBLE, SCHEDULE AND EXPEDITE A
 HEARING ON THE MATTER, EXCEPT THAT IF THE  MATTER  IS  UNCONTESTED,  THE
 COURT  MAY  DECIDE  THE MATTER WITHOUT THE NEED FOR AN APPEARANCE BY THE
 PARTIES. NOTICE TO ALL NECESSARY PARTIES SHALL  BE  MADE  IN  ACCORDANCE
 WITH THE RULES OF COURT.
   4.  THE  ATTORNEY REPRESENTING THE INTENDED PARENT SHALL APPEAR AT THE
 HEARING UNLESS THE COURT WAIVES AN APPEARANCE.
   5. NOTWITHSTANDING  ANY  OTHER  LAW  CONCERNING  PUBLIC  HEARINGS  AND
 RECORDS,  ANY ACTION OR PROCEEDING HELD UNDER THIS SECTION SHALL BE HELD
 IN CLOSED COURT WITHOUT ADMITTANCE  OF  ANY  PERSONS  OTHER  THAN  THOSE
 NECESSARY TO THE ACTION OR PROCEEDING.
   6.  IF  THE  COURT  FINDS  THAT  THE  PARTIES  HAVE  COMPLIED WITH THE
 PROVISIONS OF SECTION ONE HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  THE
 COURT  SHALL  ENTER  AN ORDER OF PARENTAGE NAMING THE INTENDED PARENT AS
 THE LEGAL PARENT OF THE CHILD.
   7. AFTER THE BIRTH OF THE CHILD, THE ORDER OF PARENTAGE  AND  APPLICA-
 TION  FOR  A  BIRTH  CERTIFICATE  FOR  THE CHILD SHALL BE FILED WITH THE
 REGISTRAR OF VITAL  STATISTICS  OF  THE  DISTRICT  IN  WHICH  THE  BIRTH
 OCCURRED  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FORTY-
 ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC HEALTH LAW. THE  REGISTRAR  SHALL
 ISSUE  THE  CHILD'S  BIRTH CERTIFICATE NAMING THE INTENDED PARENT AS THE
 PARENT OF THE CHILD.
   8. ALL RECORDS AND FILINGS IN CONNECTION WITH  A  GESTATIONAL  CARRIER
 AGREEMENT  SHALL  REMAIN  CONFIDENTIAL  AND  UNAVAILABLE  TO THE PUBLIC,
 EXCEPT THAT SUCH RECORDS AND FILINGS MAY BE MADE AVAILABLE  TO  A  CHILD
 BORN  AS  A  RESULT  OF  A  VALID  GESTATIONAL CARRIER AGREEMENT WHO HAS
 ATTAINED AT LEAST EIGHTEEN YEARS OF AGE AND WHO HAS SUBMITTED A WRITTEN,
 NOTARIZED REQUEST FOR THE RECORDS OR FILINGS.
   § 127. REMUNERATION. PAYMENT OF THE FOLLOWING EXPENSES SHALL BE ALLOW-
 ABLE BY AN INTENDED PARENT TO OR ON  BEHALF  OF  A  GESTATIONAL  CARRIER
 PURSUANT TO A VALID GESTATIONAL CARRIER AGREEMENT EXECUTED IN ACCORDANCE
 WITH THE PROVISIONS OF THIS ARTICLE:
   1.  REASONABLE  AND  ACTUAL  MEDICAL  FEES  AND  HOSPITAL EXPENSES FOR
 ASSISTED REPRODUCTION, INCLUDING ARTIFICIAL  INSEMINATION  OR  IN  VITRO
 FERTILIZATION   SERVICES,   INCURRED   BY  THE  GESTATIONAL  CARRIER  IN
 CONNECTION WITH THE CONCEPTION OF THE CHILD;
   2. REASONABLE AND ACTUAL MEDICAL FEES OR HOSPITAL CHARGES FOR SERVICES
 RENDERED TO THE GESTATIONAL CARRIER IN CONNECTION WITH THE BIRTH OF  THE
 CHILD OR OF OTHER NECESSARY EXPENSES INCURRED BY THE GESTATIONAL CARRIER
 IN  CONNECTION  WITH OR AS A RESULT OF HER PREGNANCY OR THE BIRTH OF THE
 CHILD;
   3. REASONABLE AND ACTUAL NURSING, MEDICAL OR  HOSPITAL  FEES  FOR  THE
 CARE OF SUCH CHILD, INCLUDING PRE-NATAL CARE, IF SUCH PAYMENT IS MADE TO
 THE  PHYSICIAN,  NURSE OR HOSPITAL WHO OR WHICH RENDERED THE SERVICES OR
 TO THE CHILD;
   4. PAYMENT OF THE GESTATIONAL CARRIER'S REASONABLE AND ACTUAL EXPENSES
 FOR HOUSING, MATERNITY CLOTHING AND CLOTHING FOR THE CHILD;
   5. REASONABLE AND NECESSARY TRANSPORTATION EXPENSES OF THE GESTATIONAL
 CARRIER IN SEEKING MEDICAL TREATMENT AS DESCRIBED IN  SUBDIVISIONS  ONE,
 TWO AND THREE OF THIS SUBDIVISION; AND
   6. REASONABLE AND ACTUAL LEGAL FEES CHARGED FOR CONSULTATION AND LEGAL
 ADVICE,  PREPARATION  OF  PAPERS  AND  REPRESENTATION  AND  OTHER  LEGAL
 SERVICES RENDERED IN CONNECTION WITH THE GESTATIONAL CARRIER AGREEMENT.

 A. 7272                             7
 
   § 128. PROHIBITIONS. 1. EXCEPT AS  PROVIDED  IN  SECTION  ONE  HUNDRED
 TWENTY-SEVEN  OF THIS ARTICLE, NO PERSON OR OTHER ENTITY SHALL KNOWINGLY
 REQUEST, ACCEPT, RECEIVE, PAY OR GIVE ANY  FEE,  COMPENSATION  OR  OTHER
 REMUNERATION, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH ANY GESTATIONAL
 CARRIER AGREEMENT, OR INDUCE, ARRANGE OR OTHERWISE ASSIST IN ARRANGING A
 GESTATIONAL CARRIER AGREEMENT FOR A FEE, COMPENSATION OR OTHER REMUNERA-
 TION.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT BE CONSTRUED TO
 PROHIBIT THE PAYMENT OF LEGAL FEES TO AN ATTORNEY FOR  CONSULTATION  AND
 LEGAL  ADVICE,  PREPARATION OF PAPERS AND REPRESENTATION AND OTHER LEGAL
 SERVICES RENDERED IN CONNECTION WITH THE GESTATIONAL CARRIER AGREEMENT.
   2. NO ATTORNEY OR LAW FIRM SHALL SERVE AS THE ATTORNEY FOR, OR PROVIDE
 ANY LEGAL SERVICES TO BOTH THE  GESTATIONAL  CARRIER  AND  THE  INTENDED
 PARENT IN REGARD TO A GESTATIONAL CARRIER AGREEMENT.
   3.  (A) A GESTATIONAL CARRIER OR HER SPOUSE OR PARTNER, OR AN INTENDED
 PARENT AND HIS OR HER SPOUSE OR PARTNER WHO VIOLATES THIS SECTION  SHALL
 BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS.
   (B)  ANY  OTHER  PERSON  OR  ENTITY  WHO OR WHICH INDUCES, ARRANGES OR
 OTHERWISE ASSISTS IN THE FORMATION OF A  GESTATIONAL  CARRIER  AGREEMENT
 FOR A FEE, COMPENSATION OR OTHER REMUNERATION OR OTHERWISE VIOLATES THIS
 SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
 DOLLARS AND FORFEITURE TO THE STATE OF ANY  SUCH  FEE,  COMPENSATION  OR
 REMUNERATION  IN  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION (A) OF
 SECTION SEVENTY-TWO HUNDRED ONE OF THE CIVIL PRACTICE LAW AND RULES, FOR
 THE FIRST SUCH OFFENSE. ANY PERSON  OR  ENTITY  WHO  OR  WHICH  INDUCES,
 ARRANGES  OR OTHERWISE ASSISTS IN THE FORMATION OF A GESTATIONAL CARRIER
 AGREEMENT FOR A FEE, COMPENSATION OR  OTHER  REMUNERATION  OR  OTHERWISE
 VIOLATES THIS SECTION, AFTER HAVING BEEN ONCE SUBJECT TO A CIVIL PENALTY
 FOR VIOLATING THIS SECTION, SHALL BE GUILTY OF A FELONY.  THE PROVISIONS
 OF  THIS  SECTION  SHALL  NOT  BE CONSTRUED TO PROHIBIT AN ATTORNEY FROM
 CHARGING LEGAL FEES FOR CONSULTATION AND LEGAL  ADVICE,  PREPARATION  OF
 PAPERS   AND   REPRESENTATION  AND  OTHER  LEGAL  SERVICES  RENDERED  IN
 CONNECTION WITH THE GESTATIONAL CARRIER AGREEMENT.
   § 129. CERTAIN PROVISIONS OF LAW NOT APPLICABLE TO GESTATIONAL CARRIER
 AGREEMENTS.  1. A GESTATIONAL CARRIER AGREEMENT SHALL NOT BE  CONSIDERED
 AN ADOPTION PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER NOR A SURRENDER OF
 CUSTODY OR TERMINATION OF PARENTAL RIGHTS TO THE CHILD BY THE GESTATION-
 AL CARRIER IN VIOLATION OF THE LAWS OF THIS STATE.
   2.  A CHILD BORN PURSUANT TO THE TERMS OF A GESTATIONAL CARRIER AGREE-
 MENT SHALL NOT BE CONSIDERED TO BE A CHILD BORN OUT OF WEDLOCK  FOR  THE
 PURPOSES  OF  ARTICLE  FIVE OF THE FAMILY COURT ACT OR SECTION FORTY-ONE
 HUNDRED THIRTY-FIVE OF THE PUBLIC HEALTH LAW.
   3. A CHILD BORN PURSUANT TO THE TERMS OF A GESTATIONAL CARRIER  AGREE-
 MENT  SHALL NOT BE CONSIDERED TO BE A NON-MARITAL CHILD FOR THE PURPOSES
 OF THE ESTATES, POWERS AND TRUSTS LAW.
   § 130. EFFECT OF AN ORDER OF PARENTAGE. 1. (A) AFTER THE BIRTH OF  THE
 CHILD  AND THE ISSUANCE OF AN ORDER OF PARENTAGE PURSUANT TO SECTION ONE
 HUNDRED TWENTY-SIX OF THIS ARTICLE,  THE  GESTATIONAL  CARRIER  AND  HER
 SPOUSE OR PARTNER SHALL BE RELIEVED OF ALL PARENTAL DUTIES TOWARD AND OF
 ALL  RESPONSIBILITIES FOR AND SHALL HAVE NO RIGHTS OVER SUCH CHILD OR TO
 HIS OR HER PROPERTY BY DESCENT OR SUCCESSION.
   (B) THE RIGHTS OF THE CHILD TO INHERITANCE  AND  SUCCESSION  FROM  AND
 THROUGH  THE  GESTATIONAL CARRIER AND HER SPOUSE OR PARTNER SHALL TERMI-
 NATE UPON THE BIRTH OF THE CHILD AND THE ISSUANCE OF AN ORDER OF PARENT-
 AGE PURSUANT TO SECTION ONE HUNDRED TWENTY-SIX OF THIS ARTICLE  AND  THE
 CHILD  SHALL HAVE NO RIGHT TO THE PROPERTY OF THE GESTATIONAL CARRIER OR
 HER SPOUSE OR PARTNER BY DESCENT OR SUCCESSION.

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   (C) THE INTENDED PARENT AND THE CHILD SHALL SUSTAIN TOWARD EACH  OTHER
 THE LEGAL RELATION OF PARENT AND CHILD AND SHALL HAVE ALL THE RIGHTS AND
 BE  SUBJECT  TO  ALL THE DUTIES OF THAT RELATION INCLUDING THE RIGHTS OF
 INHERITANCE FROM AND THROUGH  EACH  OTHER  AND  THE  BIRTH  AND  ADOPTED
 KINDRED  OR OTHER CHILDREN BORN PURSUANT TO A GESTATIONAL CARRIER AGREE-
 MENT OF THE INTENDED PARENTS OR PARENT.
   (D) THE RIGHT OF INHERITANCE OF THE CHILD EXTENDS TO THE  DISTRIBUTEES
 OF  SUCH  CHILD  AND SUCH DISTRIBUTEES SHALL BE THE SAME AS IF THE CHILD
 WERE THE BIRTH CHILD OF THE INTENDED PARENT.
   (E) THE CHILD AND ALL ADOPTIVE  CHILDREN,  BIRTH  CHILDREN  AND  OTHER
 CHILDREN  BORN  PURSUANT  TO  A  GESTATIONAL  CARRIER  AGREEMENT  OF THE
 INTENDED PARENT SHALL HAVE ALL  THE  RIGHTS  OF  FRATERNAL  RELATIONSHIP
 INCLUDING THE RIGHT OF INHERITANCE FROM EACH OTHER. SUCH RIGHT OF INHER-
 ITANCE  EXTENDS  TO THE DISTRIBUTEES OF SUCH CHILDREN AND SUCH DISTRIBU-
 TEES SHALL BE THE SAME AS IF EACH SUCH CHILD WERE THE BIRTH CHILD OF THE
 INTENDED PARENTS.
   (F) THIS SUBDIVISION SHALL APPLY ONLY TO  THE  INTESTATE  DESCENT  AND
 DISTRIBUTION OF REAL AND PERSONAL PROPERTY.
   2.  EXCEPT AS HEREINAFTER STATED, AFTER THE BIRTH OF THE CHILD AND THE
 ISSUANCE OF AN ORDER OF PARENTAGE PURSUANT TO SECTION ONE HUNDRED  TWEN-
 TY-SIX  OF  THIS  ARTICLE, THE CHILD AND HIS OR HER ISSUE THEREAFTER ARE
 STRANGERS TO ANY RELATIVES OF THE GESTATIONAL CARRIER AND HER SPOUSE  OR
 PARTNER  FOR  THE  PURPOSE  OF  THE  INTERPRETATION OR CONSTRUCTION OF A
 DISPOSITION IN ANY INSTRUMENT, WHETHER  EXECUTED  BEFORE  OR  AFTER  THE
 ORDER  OF  PARENTAGE OR THE BIRTH OF THE CHILD, WHICH DOES NOT EXPRESS A
 CONTRARY INTENTION OR DOES NOT EXPRESSLY INCLUDE THE CHILD BY NAME OR BY
 SOME CLASSIFICATION NOT BASED ON A PARENT-CHILD OR FAMILY RELATIONSHIP.
   § 4. Section 417 of the  family  court  act  is  amended  to  read  as
 follows:
   §  417.  Child  of ceremonial marriage. A child born of parents who at
 any time prior or subsequent to the  birth  of  said  child  shall  have
 entered  into a ceremonial marriage shall be deemed the legitimate child
 of both parents for all purposes  of  this  article  regardless  of  the
 validity  of  such marriage. FOR PURPOSES OF THIS ARTICLE, "A CHILD BORN
 OF PARENTS" SHALL INCLUDE A CHILD BORN PURSUANT TO THE PROVISIONS  OF  A
 GESTATIONAL CARRIER AGREEMENT AS PROVIDED IN ARTICLE EIGHT OF THE DOMES-
 TIC RELATIONS LAW.
   §  5.  Section  2-1.3 of the estates, powers and trusts law, paragraph
 (a) as amended by chapter 248 of the laws of 1990 and subparagraph 1  of
 paragraph  (a) as amended by chapter 305 of the laws of 2008, is amended
 to read as follows:
 § 2-1.3 Adopted children and posthumous children as members of a class
   (a) Unless the creator expresses a contrary intention,  a  disposition
 of  property  to persons described in any instrument as the issue, chil-
 dren, descendants, heirs, heirs at law, next of kin, distributees (or by
 any term of like import) of the creator or of another, includes:
   (1) Adopted children and their issue in their  adoptive  relationship.
 The  rights of adopted children and their issue to receive a disposition
 under wills and lifetime instruments  as  a  member  of  such  class  of
 persons  based  upon  their  birth relationship shall be governed by the
 provisions of subdivision two of section one hundred  seventeen  of  the
 domestic relations law.
   (2)  Children  conceived before, but born alive after such disposition
 becomes effective.
   (3) Nonmarital children. For the purposes of this paragraph, a nonmar-
 ital child is the child of a mother and is the child of a father if  the

 A. 7272                             9
 
 child  is  entitled  to  inherit from such father under section 4-1.2 of
 this chapter. The provisions of this paragraph shall apply to the  wills
 of  persons dying on and after September first, nineteen hundred ninety-
 one, to lifetime instruments theretofore executed which on said date are
 subject  to  the grantor's power to revoke or amend, and to all lifetime
 instruments executed on or after such date.
   (4) CHILDREN BORN PURSUANT TO A GESTATIONAL CARRIER AGREEMENT.
   § 6. Subdivision 2 of section 117  of  the  social  services  law,  as
 amended  by  chapter  305  of  the  laws  of 2008, is amended to read as
 follows:
   2. An infant shall, at the time of birth, whether  within  or  without
 the  state,  be  deemed  to  have state residence if he OR SHE is in the
 custody of both birth parents and either of them has state residence  or
 if the birth parent having his OR HER custody has state residence. State
 residence  so  acquired  by a child born within the state shall continue
 until the child shall have removed from the state and remained therefrom
 for one year.  State residence so acquired by a child born  without  the
 state  shall  terminate  when he OR SHE becomes one year of age if he OR
 SHE remains without the state during such year. For the purpose of  this
 subdivision  and  section,  (I)  a child born out of wedlock whose birth
 parents were living together on the date of his OR HER  birth  shall  be
 deemed  to  have  been in the custody of both his OR HER parents on such
 date if his OR HER birth father has acknowledged or been adjudicated  to
 be  such, AND (II) A CHILD BORN TO ONE OR MORE INTENDED PARENTS PURSUANT
 TO A GESTATIONAL CARRIER AGREEMENT EXECUTED PURSUANT TO ARTICLE EIGHT OF
 THE DOMESTIC RELATIONS LAW SHALL BE DEEMED TO HAVE STATE RESIDENCE IF HE
 OR SHE IS IN THE CUSTODY OF BOTH INTENDED PARENTS, AN ORDER OF PATERNITY
 HAS BEEN ISSUED PURSUANT TO SECTION ONE HUNDRED TWENTY-SIX OF THE DOMES-
 TIC  RELATIONS  LAW  AND  EITHER  OF  THE  INTENDED  PARENTS  HAS  STATE
 RESIDENCE.
   §  7.  Subparagraph  (D)  of paragraph 17 of subsection (a) of section
 1113 of the insurance law, as amended by chapter  551  of  the  laws  of
 1997,  is  amended  and  a  new  subparagraph  (D-1) is added to read as
 follows:
   (D) Indemnifying  an  adoptive  parent  for  verifiable  expenses  not
 prohibited  under  the law paid to or on behalf of the birth mother when
 either one or both of the birth parents of the child withdraw  or  with-
 hold their consent to adoption. Such expenses may include maternity-con-
 nected  medical  or  hospital  expenses  of  the birth mother, necessary
 living expenses of the birth mother preceding  and  during  confinement,
 travel  expenses  of the birth mother to arrange for the adoption of the
 child, legal fees of the birth mother, and any other expenses  which  an
 adoptive  parent  may  lawfully pay to or on behalf of the birth mother.
 For the purposes of this section "adoptive parent" means the  parent  or
 his  or  her  spouse  seeking to adopt a child, "birth mother" means the
 biological mother of the child,  "birth  parent"  means  the  biological
 mother or biological father of the child; [or]
   (D-1)  INDEMNIFYING  AN  INTENDED PARENT WHO IS PARTY TO A GESTATIONAL
 CARRIER AGREEMENT PURSUANT TO ARTICLE EIGHT OF  THE  DOMESTIC  RELATIONS
 LAW  FOR  VERIFIABLE EXPENSES NOT PROHIBITED UNDER THE LAW PAID TO OR ON
 BEHALF OF THE GESTATIONAL CARRIER WHEN THE GESTATIONAL CARRIER FAILS  TO
 COMPLY WITH THE GESTATIONAL CARRIER AGREEMENT. SUCH EXPENSES MAY INCLUDE
 MATERNITY-CONNECTED  MEDICAL  OR  HOSPITAL  EXPENSES  OF THE GESTATIONAL
 CARRIER, NECESSARY LIVING EXPENSES OF THE GESTATIONAL CARRIER  PRECEDING
 AND  DURING  CONFINEMENT,  TRAVEL EXPENSES OF THE GESTATIONAL CARRIER TO
 OBTAIN MEDICAL CARE, LEGAL FEES OF  THE  GESTATIONAL  CARRIER,  AND  ANY

 A. 7272                            10
 
 OTHER  EXPENSES  WHICH  THE  INTENDED  PARENT  MAY LAWFULLY PAY TO OR ON
 BEHALF OF THE GESTATIONAL CARRIER; OR
   § 8. Subdivision 4 of section 4132 of the public health law is amended
 to read as follows:
   4. IN THE CASE OF A CHILD BORN IN CONNECTION WITH A GESTATIONAL CARRI-
 ER AGREEMENT EXECUTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT
 OF  THE DOMESTIC RELATIONS LAW, THE NAME OF THE INTENDED PARENT SHALL BE
 INCLUDED ON THE RECORD OF BIRTH AS THE CHILD'S PARENT.
   5. The registrar shall enter the exact date of filing of  the  certif-
 icate  of  birth  in  his  office attested by his official signature and
 registered number of birth.
   § 9. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   §  10.  This act shall take effect on the ninetieth day after it shall
 have become a law and shall apply only to gestational carrier agreements
 entered into on or after such effective date.  Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such date.