§ 581-203. Proceeding for judgment of parentage of a child conceived
pursuant to a surrogacy agreement. (a) The proceeding may be commenced
(1) in any county where an intended parent resided any time after the
surrogacy agreement was executed; or (2) in the county where the child
was born or resides or in the county where the birth is intended to
occur; or (3) in the county where the surrogate resided any time after
the surrogacy agreement was executed.

(b) The proceeding may be commenced at any time after pregnancy is
achieved and the person acting as surrogate, the spouse of the person
acting as surrogate, if any, donors for whom there is not proof of
donative intent as set forth in subdivision (d) of section 581-202 of
this part, and all intended parents are necessary parties. The service
provisions of subdivision (e) of section 581-202 of this part shall be
applicable to donors entitled to notice pursuant to this provision.

(c) The petition for a judgment of parentage must be verified and
include the following:

(1) a statement that the person acting as surrogate or at least one
intended parent has been a resident of the state for at least six months
at the time the surrogacy agreement was executed; and

(2) a certification from the attorney representing the intended parent
or parents and the attorney representing the person acting as surrogate
and the spouse of the person acting as surrogate, if applicable, that
each of the requirements of part four of this article have been met; and

(3) a statement from all parties to the surrogacy agreement that they
knowingly and voluntarily entered into the surrogacy agreement and that
the parties are jointly requesting the judgment of parentage; and

(4) a copy of the executed surrogacy agreement.

(d) Where the court finds the statements required by subdivision (c)
of this section to be true, the court shall issue a judgment of
parentage, 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) 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

* NB Effective until December 21, 2027

* (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

* NB Effective December 21, 2027

(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
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

* (7) 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.

* NB Effective December 21, 2027

(e) In the event the certification required by paragraph two of
subdivision (c) of this section cannot be made because of a technical or
non-material deviation from the requirements of this article; the court
may nevertheless enforce the agreement and issue a judgment of parentage
if the court determines the agreement is in substantial compliance with
the requirements of this article. In the event that any other
requirements of subdivision (c) of this section are not met, the court
shall determine parentage according to part four of this article.