§ 581-202. Proceeding for judgment of parentage of a child conceived
through assisted reproduction. (a) A proceeding for a judgment of
parentage with respect to a child conceived through assisted
reproduction may be commenced:

(1) if an intended parent or child resides in New York state, in the
county where the intended parent resides any time after pregnancy is
achieved or in the county where the child was born or resides or in the
county where the birth is intended to occur; or

(2) if neither an intended parent nor the child reside in New York
state, up to ninety days after the birth of the child in the county
where the child was born.

(b) The petition for a judgment of parentage must be verified.

(c) Where the court finds the following statements in the petition to
be true, the court shall adjudicate the intended parent or parents to be
the parent or parents of the child without the need for additional
proceedings or documentation:

(1) a statement that an intended parent or child has been a resident
of the state for at least six months, or if an intended parent or child
is not a New York state resident, that the child was born in New York
state within ninety days of filing; and

(2) a statement from the gestating intended parent that the gestating
intended parent became pregnant as a result of assisted reproduction;
and

(3) in cases where there is a non-gestating intended parent, a
statement from the gestating intended parent and non-gestating intended
parent that the non-gestating intended parent consented to assisted
reproduction pursuant to section 581-304 of this article; and

(4) proof of any donor's donative intent.

The court may, in its discretion, dispense with testimony to establish
the truthfulness of the statements.

(d) The following shall be deemed sufficient proof of a donor's
donative intent for purposes of this section:

(1) where gametes or embryos have been released to a gamete or embryo
storage facility or were donated in the presence of a health care
practitioner, either:

(i) a statement or documentation from the gamete or embryo storage
facility or health care practitioner stating or demonstrating that such
gametes or embryos had previously been released;

(ii) a record from the gamete or embryo donor or donors evidencing
intent to release the gametes or embryos; or

(iii) clear and convincing evidence that the gamete or embryo donor or
donors confirmed, prior to donation, that the donor or donors would have
no parental or proprietary interest in the gametes or embryos;

(2) where the gametes or embryos were not released to a gamete or
embryo storage facility or donated in the presence of a health care
practitioner, either:

(i) a record from the gamete or embryo donor acknowledging the
donation and confirming that the donor or donors shall have no parental
or proprietary interest in the gametes or embryos. The record shall be
signed by the intended parent or parents and the gamete or embryo donor
or donors:

(A) before a notary public, or

(B) before two witnesses who are not the intended parents, or

(C) before a health care practitioner; or

(ii) clear and convincing evidence that the gamete or embryo donor or
donors agreed, prior to the gametes or embryos being used for assisted
reproduction, that the donor or donors would have no parental or
proprietary interest in the gametes or embryos.

(3) Except for those agreements executed in compliance with section
581-306 of this article, this subdivision shall not apply where the
person providing the gametes or embryos is the spouse of the intended
parent.

(e) In the absence of evidence pursuant to subparagraphs (i) and (ii)
of paragraph one and subparagraph (i) of paragraph two of subdivision
(d) of this section, notice shall be given to the donor at least twenty
days prior to the date set for the proceeding to determine the existence
of donative intent by delivery of a copy of the petition and notice
pursuant to section three hundred eight of the civil practice law and
rules. If an intended parent or an intended parent's spouse is not a
petitioner, such notice shall also be given to such person who shall be
a necessary party unless the intended parent proceeded without the
participation of their spouse in compliance with subdivision (b) of
section 581-305 or section 581-306 of this article. Upon a showing to
the court, by affidavit or otherwise, on or before the date of the
proceeding or within such further time as the court may allow, that
personal service cannot be effected at the last known address or
addresses of the donor or donors, and/or the non-petitioning intended
parent, if any, with reasonable effort, notice may be given, without
prior court order therefore, at least twenty days prior to the
proceeding by registered or certified mail directed to such last known
address or addresses. Notice by publication shall not be required to be
given to anyone entitled to notice pursuant to the provisions of this
section.

Notwithstanding the above, where there is evidence that sperm is
provided under the supervision of a health care practitioner to someone
other than the sperm provider's intimate partner or spouse without a
record of the sperm provider's intent to parent, notice is not required.

(f) In cases not covered by subdivision (c) of this section, the court
shall adjudicate the parentage of the child consistent with part three
of this article.

(g) Where the requirements of subdivision (c) of this section are met
or where the court finds the intended parent or parents to be a parent
under subdivision (f) of this section, the court shall issue a judgment
of parentage:

(1) declaring the intended parent or parents to be the legal parent or
parents of the child immediately upon the birth of the child; and

(2) 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

(3) if there is a donor or donors, ordering that any donor is not a
parent of the child; and

(4) 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 such person
whose parentage has been determined is under eighteen years of age, the
clerk shall also transmit forthwith 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 such
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 judgment 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
certificate has already been issued, the appropriate department of
health will amend the birth certificate in an expedited manner and seal
the previously 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

(5) if the judgment of parentage is issued prior to the birth of the
child, ordering the petitioner or petitioners, within 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 administrator of the
courts. The court shall thereafter issue an amended judgment of
parentage that includes the child's name as it appears on the child's
birth certificate and the child's date of birth.