§ 1401. Surrogacy programs regulated under this article. The
provisions of this article apply to surrogacy programs arranging or
facilitating transactions contemplated by a surrogacy agreement,
regardless of whether such agreement ultimately comports with the
requirements under part four of article five-C of the family court act
if:

(a) The surrogacy program does business in New York state; or

(b) A person acting as surrogate who is party to a surrogacy agreement
resides in New York state at the time the surrogacy agreement is
executed.