S. 819 2
surrogacy programs and agreements, as proposed in legislative bills
numbers S. 5107-C and A. 4921-C, is amended to read as follows:
(d) Where the court finds the statements required by subdivision (c)
of this section to be true, the court shall issue a judgment of parent-
age, without additional proceedings or documentation:
(1) declaring, that upon the birth of the child born during the term
of the surrogacy agreement, the intended parent or parents are the only
legal parent or parents of the child;
(2) declaring, that upon the birth of the child born during the term
of the surrogacy agreement, the person acting as surrogate, and the
spouse of the person acting as surrogate, if applicable, is not a legal
parent of the child;
(3) declaring that upon the birth of the child born during the term of
the surrogacy agreement, any donor, if applicable, is not a parent of
the child;
(4) ordering the person acting as surrogate and the spouse of the
person acting as surrogate, if any, to transfer the child to the
intended parent or parents if this has not already occurred;
(5) ordering the intended parent or parents to assume responsibility
for the maintenance and support of the child immediately upon the birth
of the child; and
(6) ordering that:
(i) The hospital birth registrar shall report the parentage of the
child on the record of live birth in conformity with the judgment of
parentage, if the judgment of parentage is issued before the birth of
the child; and
(ii) If a change to the child's birth certificate is necessitated by
the judgment of parentage, then pursuant to section two hundred fifty-
four of the judiciary law, the clerk of the court shall transmit to the
state commissioner of health, or for a person born in New York city, to
the commissioner of health of the city of New York, on a form prescribed
by the commissioner, a written notification of such entry together with
such other facts as may assist in identifying the birth record of the
person whose parentage was in issue and, if the person whose parentage
has been determined is under eighteen years of age, the clerk shall also
transmit to the registry operated by the department of social services
pursuant to section three hundred seventy-two-c of the social services
law a notification of the determination; and
(iii) Pursuant to section forty-one hundred thirty-eight of the public
health law and NYC Public Health Code section 207.05 that upon receipt
of a judgement of parentage the local registrar where a child is born
will 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 been issued, the appropriate department of health will
amend the birth certificate in an expedited manner and seal the previ-
ously issued birth certificate except that it may be rendered accessible
to the child at eighteen years of age or the legal parent or parents;
and
(7) if the judgment of parentage is issued prior to the birth of the
child, ordering the petitioner or petitioners, within [seven] FOURTEEN
days of such birth, to provide the court with notification thereof,
together with such other facts as may assist in identifying the birth
record of the child whose parentage was in issue. Such notification
shall be in writing on a form to be prescribed by the chief administra-
tor of the courts. The court shall thereafter issue an amended judgment
S. 819 3
of parentage that includes the child's name as it appears on the child's
birth certificate and the child's date of birth.
§ 3. Paragraphs 7 and 8 of subdivision (a) of section 581-402 of the
family court act, as amended by a chapter of the laws of 2024 amending
the family court act, the domestic relations law and the general busi-
ness law relating to surrogacy programs and agreements, as proposed in
legislative bills numbers S. 5107-C and A. 4921-C, is amended to read as
follows:
(7) the person acting as surrogate has or the surrogacy agreement
stipulates that the person acting as surrogate will obtain A comprehen-
sive health insurance [coverage] POLICY that takes effect [after the
person acting as surrogate has been deemed medically eligible but] prior
to taking any medication or commencing treatment to further embryo
transfer that covers[:
(i) preconception care. The surrogacy agreement shall state that the
intended parent or parents will be responsible for all medical costs of
the person acting as surrogate associated with their preconception care
including but not limited to medical and psychological screenings, medi-
cations, embryo transfer procedure, monitoring prior and subsequent to
the embryo transfer procedure and any complications associated with the
foregoing. The intended parent or parents shall be responsible for the
costs of any such complications either through insurance or by placing
and maintaining sufficient funds in escrow to cover such expenses. If
the surrogacy agreement is terminated after the person acting as surro-
gate has taken any medication or commenced treatment to further embryo
transfer but before pregnancy is achieved, such funds shall remain in
escrow for a minimum period of six months from the date the surrogacy
agreement is terminated;
(ii) medical expenses associated with pregnancy. The person acting as
surrogate has, or the surrogacy agreement shall stipulate that the
person acting as surrogate will obtain, comprehensive health insurance
coverage, via one or more insurance policies, prior to or immediately
upon confirmation of pregnancy that covers prenatal care, major medical
treatments, hospitalization, behavioral health care, childbirth and
postnatal care, and that such comprehensive coverage must be in place
throughout the duration of the pregnancy and for twelve months after the
birth of the child, a stillbirth, a miscarriage resulting in termination
of the pregnancy, or termination of the pregnancy. The policy shall be
paid for, whether directly or through reimbursement or other means, by
the intended parent or parents on behalf of the person acting as surro-
gate to the extent that there is an additional cost to the person acting
as surrogate for such health insurance coverage. The intended parent or
parents shall also pay for or reimburse the person acting as surrogate
for all co-payments, deductibles and any other out-of-pocket medical
costs associated with pregnancy, childbirth, or postnatal care, that
accrue through twelve months after the birth of the child, a stillbirth,
a miscarriage resulting in termination of the pregnancy, or termination
of the pregnancy; and
(iii) uncompensated surrogacy agreements. A person acting as surrogate
who is receiving no compensation may waive the right to have the
intended parent or parents make the payments set forth in this section]
PRECONCEPTION CARE, PRENATAL CARE, MAJOR MEDICAL TREATMENTS, HOSPITALI-
ZATION, AND BEHAVIORAL HEALTH CARE, AND THE COMPREHENSIVE POLICY HAS A
TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND
FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCAR-
RIAGE RESULTING IN TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREG-
S. 819 4
NANCY; THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH
REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT OR PARENTS ON
BEHALF OF THE PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY
AGREEMENT, EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO
COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS
PAY FOR THE HEALTH INSURANCE POLICY. THE INTENDED PARENT OR PARENTS
SHALL ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL
CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSO-
CIATED WITH PRECONCEPTION, PREGNANCY, CHILDBIRTH, OR POSTNATAL CARE,
THAT ACCRUE THROUGH TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILL-
BIRTH, A MISCARRIAGE, OR TERMINATION OF THE PREGNANCY. A PERSON ACTING
AS SURROGATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO
HAVE THE INTENDED PARENT OR PARENTS MAKE SUCH PAYMENTS OR
REIMBURSEMENTS;
(8) the surrogacy agreement must provide that the intended parent or
parents shall PROCURE AND pay for a life insurance[, contractual liabil-
ity or accidental death insurance] policy for the person acting as
surrogate that takes effect prior to taking any medication or the
commencement of medical procedures to further embryo transfer, provides
a minimum benefit of seven hundred fifty thousand dollars or the maximum
amount the person acting as surrogate qualifies for if [it is] less than
seven hundred fifty thousand dollars, and [such coverage shall extend]
HAS A TERM THAT EXTENDS throughout the duration of the expected pregnan-
cy and for twelve months after the birth of the child, a stillbirth, a
miscarriage resulting in termination of pregnancy, or termination of the
pregnancy, with a beneficiary or beneficiaries of [the person acting as
surrogate's] THEIR choosing. The policy shall be paid for, whether
directly or through reimbursement or other means, by the intended parent
or parents on behalf of the person acting as surrogate pursuant to the
surrogacy agreement, except that a person acting as surrogate who is
receiving no compensation may waive the right to have the intended
parent or parents pay for the life insurance[, contractual liability or
accidental death insurance] policy [but not the requirement to have such
a policy]; and
§ 4. Subdivision (g) of section 581-403 of the family court act, as
amended by a chapter of the laws of 2024 amending the family court act,
the domestic relations law and the general business law relating to
surrogacy programs and agreements, as proposed in legislative bills
numbers S. 5107-C and A. 4921-C, is amended to read as follows:
(g) the surrogacy agreement must include information disclosing how
the intended parent or parents will cover the medical expenses of the
person acting as surrogate and the child. [The surrogacy agreement shall
specify the amount that the intended parent or parents shall place in
escrow to cover such reasonable anticipated costs including precon-
ception medical care and extending throughout the duration of the
expected surrogacy agreement. If it is anticipated that comprehensive
health care coverage will be used to cover the medical expenses for the
person acting as surrogate, the] IF COMPREHENSIVE health care COVERAGE
IS USED TO COVER THE MEDICAL EXPENSES, THE DISCLOSURE SHALL INCLUDE A
REVIEW AND SUMMARY OF THE HEALTH CARE policy provisions related to
coverage and exclusions for the person acting as [surrogate shall be
reviewed and summarized in relation to the anticipated pregnancy prior
to such policy being used to cover any of the person acting as surro-
gate's medical expenses incurred pursuant to the surrogacy agreement]
SURROGATE'S PREGNANCY; and
S. 819 5
§ 5. Subparagraph (x) of paragraph 1 of subdivision (i) of section
581-403 of the family court act, as amended by a chapter of the laws of
2024 amending the family court act, the domestic relations law and the
general business law relating to surrogacy programs and agreements, as
proposed in legislative bills numbers S. 5107-C and A. 4921-C, is
amended to read as follows:
(x) the surrogacy agreement shall provide that, upon the person acting
as surrogate's request, the intended parent or parents [shall] HAVE OR
WILL PROCURE AND pay for a disability insurance policy [or other insur-
ance policy to cover any lost wages incurred by] FOR the person acting
as surrogate [in connection with their participation in the surrogacy
agreement after taking any medication or commencing treatment to further
embryo transfer excluding medical procedures required to determine the
medical eligibility to become a person acting as surrogate. In the event
that such insurance coverage is not available, the intended parent or
parents shall reimburse the person acting as surrogate for any lost
wages the person acting as surrogate incurs in connection with their
participation in the surrogacy agreement]; THE PERSON ACTING AS SURRO-
GATE MAY DESIGNATE THE BENEFICIARY OF THE PERSON'S CHOOSING.
§ 6. Section 581-405 of the family court act, as amended by a chapter
of the laws of 2024 amending the family court act, the domestic
relations law and the general business law relating to surrogacy
programs and agreements, as proposed in legislative bills numbers S.
5107-C and A. 4921-C, is amended to read as follows:
§ 581-405. Termination of surrogacy agreement. After the execution of
a surrogacy agreement but before the [embryo transfer occurs or after an
unsuccessful embryo transfer] PERSON ACTING AS SURROGATE BECOMES PREG-
NANT BY MEANS OF ASSISTED REPRODUCTION, the person acting as surrogate,
the spouse of the person acting as surrogate, if applicable, or any
intended parent may terminate the surrogacy agreement by giving notice
of termination in a record to all other parties. Upon proper termination
of the surrogacy agreement the parties are released from all obligations
recited in the surrogacy agreement except that the intended parent or
parents [shall] remain responsible for all [lost wages and other finan-
cial obligations which have accrued] EXPENSES THAT ARE REIMBURSABLE
under the agreement WHICH HAVE BEEN INCURRED BY THE PERSON ACTING AS
SURROGATE through the date of termination. If the intended parent or
parents terminate the surrogacy agreement pursuant to this section after
the person acting as surrogate has taken any medication or commenced
treatment to further embryo transfer, such intended parent or parents
shall be responsible for paying FOR OR REIMBURSING THE PERSON ACTING AS
SURROGATE FOR ALL CO-PAYMENTS, DEDUCTIBLES, any other out-of-pocket
medical costs, AND ANY OTHER ECONOMIC LOSSES incurred within twelve
months [after] OF the termination of the agreement [which, as documented
by a health care practitioner, are] AND associated with taking such
medication or undertaking such treatment. Unless the agreement provides
otherwise, the person acting as surrogate is entitled to keep all
payments received and obtain all payments to which the person is enti-
tled up until the date of termination of the agreement. Neither a
person acting as surrogate nor the spouse of the person acting as surro-
gate, if [applicable] ANY, is liable to the intended parent or parents
for terminating a surrogacy agreement as provided in this section.
§ 7. Section 581-604 of the family court act, as amended by a chapter
of the laws of 2024 amending the family court act, the domestic
relations law and the general business law relating to surrogacy
S. 819 6
programs and agreements, as proposed in legislative bills numbers S.
5107-C and A. 4921-C, is amended to read as follows:
§ 581-604. Health insurance and medical costs. A person acting as
surrogate has the right to have A comprehensive health insurance [cover-
age] POLICY that covers preconception [medical expenses and medical
expenses associated with the pregnancy] CARE, PRENATAL CARE, MAJOR
MEDICAL TREATMENTS, HOSPITALIZATION AND BEHAVIORAL CARE for a [period]
TERM that extends throughout the duration of the expected pregnancy and
for twelve months after the birth of the child, a stillbirth, a miscar-
riage resulting in termination of pregnancy, or termination of the preg-
nancy, to be paid for by the intended parent or parents. [In addition,
a person acting as a surrogate shall have the right to have the intended
parent or parents pay for all of their medical expenses incurred in
connection with the surrogacy agreement, continuing through the duration
of the expected pregnancy and for twelve months after the birth of the
child, a stillbirth, a miscarriage resulting in the termination of preg-
nancy, or the termination of the pregnancy.] THE INTENDED PARENT OR
PARENTS SHALL ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE
FOR ALL CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL
COSTS ASSOCIATED WITH PREGNANCY, CHILDBIRTH, OR POSTNATAL CARE THAT
ACCRUE THROUGH TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH,
A MISCARRIAGE, OR THE TERMINATION OF THE PREGNANCY. A person acting as a
surrogate who is receiving no compensation may waive the right to have
the intended parent or parents make such payments or reimbursements.
§ 8. Section 581-605 of the family court act, as amended by a chapter
of the laws of 2024 amending the family court act, the domestic
relations law and the general business law relating to surrogacy
programs and agreements, as proposed in legislative bills numbers S.
5107-C and A. 4921-C, is amended to read as follows:
§ 581-605. Counseling. A person acting as surrogate has the right to
[mental health] OBTAIN A COMPREHENSIVE HEALTH INSURANCE POLICY THAT
COVERS BEHAVIORAL HEALTH CARE AND WILL COVER THE COST OF PSYCHOLOGICAL
counseling to address issues resulting from their participation in [the]
A surrogacy [agreement, which] AND SUCH POLICY shall be paid for by [an
insurance policy or by] the intended parent or parents.
§ 9. Section 581-606 of the family court act, as amended by a chapter
of the laws of 2024 amending the family court act, the domestic
relations law and the general business law relating to surrogacy
programs and agreements, as proposed in legislative bills numbers S.
5107-C and A. 4921-C, is amended to read as follows:
§ 581-606. Life insurance[, contractual liability, or accidental death
insurance policy]. A person acting as surrogate has the right to be
provided a life insurance, [contractual liability or accidental death
insurance] policy that takes effect prior to taking any medication or
commencement of treatment to further embryo transfer, provides a minimum
benefit of seven hundred fifty thousand dollars, or the maximum amount
the person acting as surrogate [qualifies] QUALIFYING for [if] IT less
than seven hundred fifty thousand dollars, and [such coverage shall
extend] HAS A TERM THAT EXTENDS throughout the duration of the expected
pregnancy and for twelve months after the birth of the child, a still-
birth, a miscarriage resulting in termination of pregnancy, or termi-
nation of the pregnancy, with a beneficiary or beneficiaries of [the
person acting as surrogate's] THEIR choosing, to be paid for by the
intended parent or parents.
§ 10. Section 581-705 of the family court act, as added by a chapter
of the laws of 2024 amending the family court act, the domestic
S. 819 7
relations law and the general business law relating to surrogacy
programs and agreements, as proposed in legislative bills numbers S.
5107-C and A. 4921-C, is amended to read as follows:
§ 581-705. Adjudication. (a) A court adjudicating the parentage of a
child conceived through assisted reproduction or adjudicating the
enforceability of an embryo disposition agreement may apply section
581-202 and part three of this article retroactively.
(b) The participants in a surrogacy agreement that involved the
payment of compensation prior to February fifteenth, two thousand twen-
ty-one shall not be eligible to receive a judgment of parentage pursuant
to section 581-203 or section 581-406 of this article, but shall be
entitled to seek a judgment of parentage pursuant to section 581-407 of
this article.
(c) This article shall apply retroactively to uncompensated surrogacy
agreements entered into prior to February fifteenth, two thousand [twen-
ty-two] TWENTY-ONE, WITH REGARD TO A COURT ADJUDICATION THE PARENTAGE OF
A CHILD.
(d) Surrogacy agreements that were executed on or after February
fifteenth, two thousand [twenty-three] TWENTY-ONE, but before the effec-
tive date of the chapter of the laws of two thousand twenty-four that
added this subdivision that were in compliance with this article before
it was amended by the chapter of the laws of two thousand twenty-four
that added this subdivision shall be deemed a compliant surrogacy
agreement pursuant to section 581-406 of this article regardless of any
deviations from the current provisions of this article.
§ 11. Subdivision (c) of section 1400 of the general business law, as
amended by a chapter of the laws of 2024 amending the family court act,
the domestic relations law and the general business law relating to
surrogacy programs and agreements, as proposed in legislative bills
numbers S. 5107-C and A. 4921-C, is amended to read as follows:
(c) "Surrogacy program" does not include any party to a surrogacy
agreement or any person licensed to practice law and representing a
party to the surrogacy agreement, but does include and is not limited to
any agency, agent, business, or individual engaged in, arranging, or
facilitating transactions contemplated by a surrogacy agreement, regard-
less of whether such agreement ultimately comports with the requirements
of part four of article five-C of the family court act. [Any person
licensed to practice law shall be deemed a surrogacy program only in
those cases where such person is providing matching services to the
intended parent or parents and the person acting as a surrogate.]
§ 12. Subdivision 1 of section 1404 of the general business law, as
amended by a chapter of the laws of 2024 amending the family court act,
the domestic relations law and the general business law relating to
surrogacy programs and agreements, as proposed in legislative bills
numbers S. 5107-C and A. 4921-C, is amended to read as follows:
1. The department of health, in consultation with the department of
financial services, shall promulgate rules and regulations to implement
the requirements of this article regarding surrogacy programs and
assisted reproduction service providers in a manner that ensures the
safety and health of gamete providers and persons serving as surrogates.
Such regulations shall, AT A MINIMUM:
(a) Require surrogacy programs to monitor compliance with eligibility
criteria for the intended parents and persons acting as surrogates
pursuant to section 581-402 of the family court act; and
(b) Require the assisted reproduction service providers to administer
informed consent procedures that comply with regulations promulgated by
S. 819 8
the department of health under section twenty-five hundred ninety-nine-
cc of the public health law.
§ 13. Section 27 of a chapter of the laws of 2024 amending the family
court act, the domestic relations law and the general business law
relating to surrogacy programs and agreements, as proposed in legisla-
tive bills numbers S. 5107-C and A. 4921-C, is amended to read as
follows:
§ 27. This act shall take effect immediately; PROVIDED, HOWEVER, THAT
THE AMENDMENTS TO SUBPARAGRAPH (I) OF PARAGRAPH 4 AND PARAGRAPH 5 OF
SUBDIVISION (G) OF SECTION 581-202 OF THE FAMILY COURT ACT MADE BY
SECTION TWO OF THIS ACT, AND TO SUBPARAGRAPH (I) OF PARAGRAPH 6 AND
PARAGRAPH 7 OF SUBDIVISION (D) OF SECTION 581-203 OF THE FAMILY COURT
ACT MADE BY SECTION THREE OF THIS ACT SHALL TAKE EFFECT THREE YEARS
AFTER IT SHALL HAVE BECOME A LAW.
§ 14. This act shall take effect immediately; provided, however, that
sections one through twelve of this act shall take effect on the same
date and in the same manner as a chapter of the laws of 2024 amending
the family court act, the domestic relations law and the general busi-
ness law relating to surrogacy programs and agreements, as proposed in
legislative bills numbers S. 5107-C and A. 4921-C, takes effect.
