§ 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; (2) in the county where the child was
born or resides; 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 the surrogacy
agreement has been executed and the person acting as surrogate and all
intended parents are necessary parties.

(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 of
the intended parents 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
that 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.

(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 any, is not the legal
parent of the child;

(3) declaring that upon the birth of the child born during the term of
the surrogacy agreement, the donors, if any, are not the parents 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

(ii) 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.

(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.