§ 123. Prohibitions and penalties. 1. 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
genetic surrogate parenting agreement, or induce, arrange or otherwise
assist in arranging a genetic surrogate parenting agreement for a fee,
compensation or other remuneration, except for:

(a) payments in connection with the adoption of a child permitted by
subdivision six of section three hundred seventy-four of the social
services law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or

(b) payments for reasonable and actual medical fees and hospital
expenses for artificial insemination or in vitro fertilization services
incurred by the genetic surrogate in connection with the birth of the
child.

2. (a) Any party to a genetic surrogate parenting agreement or the
spouse of any part to a genetic surrogate parenting agreement who
violate 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 genetic surrogate parenting
contract 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 seven thousand 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 genetic surrogate parenting contract 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.