§ 581-102. Definitions. (a) "Assisted reproduction" means a method of
causing pregnancy other than sexual intercourse and includes but is not
limited to:

1. intrauterine or vaginal insemination;

2. donation of gametes;

3. donation of embryos;

4. in vitro fertilization and transfer of embryos; and

5. intracytoplasmic sperm injection.

(b) "Child" means a born individual of any age whose parentage may be
determined under this act or other law.

(c) "Compensation" means payment of any valuable consideration in
excess of reasonable medical and ancillary costs.

(d) "Donor" means an individual who does not intend to be a parent who
produces gametes and provides them to another person, other than the
individual's spouse, for use in assisted reproduction. The term does not
include a person who is a parent under part three of this article. Donor
also includes an individual who had dispositional control of an embryo
or gametes who then transfers dispositional control and releases all
present and future parental and inheritance rights and obligations to a
resulting child.

(e) "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 person under conditions in which
gestation may be reasonably expected to occur.

(f) "Embryo transfer" means all medical and laboratory procedures that
are necessary to effectuate the transfer of an embryo into the uterine
cavity.

(g) "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 shall be considered gametes. A human gamete used or
intended for reproduction may not contain nuclear DNA that has been
deliberately altered, or nuclear DNA from one human combined with the
cytoplasm or cytoplasmic DNA of another human being.

(h) "Independent escrow agent" means someone other than the parties to
a surrogacy agreement and their attorneys. An independent escrow agent
can, but need not, be a surrogacy program, provided such surrogacy
program is owned or managed by an attorney licensed to practice law in
the state of New York. If such independent escrow agent is not attorney
owned, it shall be licensed, bonded and insured.

(i) "Surrogacy agreement" is an agreement between at least one
intended parent and a person acting as surrogate intended to result in a
live birth where the child will be the legal child of the intended
parents.

(j) "Person acting as surrogate" means an adult person, not an
intended parent, who enters into a surrogacy agreement to bear a child
who will be the legal child of the intended parent or parents so long as
the person acting as surrogate has not provided the egg used to conceive
the resulting child.

(k) "Health care practitioner" means an individual licensed or
certified under title eight of the education law, or a similar law of
another state or country, acting within his or her scope of practice.

(l) "Intended parent" is an individual who manifests the intent to be
legally bound as the parent of a child resulting from assisted
reproduction or a surrogacy agreement provided he or she meets the
requirements of this article.

(m) "In vitro fertilization" means the formation of a human embryo
outside the human body.

(n) "Parent" as used in this article means an individual with a
parent-child relationship created or recognized under this act or other
law.

(o) "Participant" is an individual who either: provides a gamete that
is used in assisted reproduction, is an intended parent, is a person
acting as surrogate, or is the spouse of an intended parent or person
acting as surrogate.

(p) "Record" means information inscribed in a tangible medium or
stored in an electronic or other medium that is retrievable in
perceivable form.

(q) "Retrieval" means the procurement of eggs or sperm from a gamete
provider.

(r) "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
partnership.

(s) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.

(t) "Transfer" means the placement of an embryo or gametes into the
body of a person with the intent to achieve pregnancy and live birth.