§ 2599-cc. Gestational surrogacy. 1. The commissioner shall promulgate
regulations on the practice of gestational surrogacy. Such regulations
shall include, but not be limited to:

(a) guidelines and procedures for obtaining fully informed consent
from potential persons acting as surrogates, including but not limited
to a full disclosure of any known or potential health risks and mental
health impacts associated with acting as a surrogate;

(b) the development and distribution, in printed form and on the
department's website, of informational material relating to gestational
surrogacy;

(c) the establishment of a voluntary central tracking registry of
persons acting as surrogates, as reported by surrogacy programs licensed
by the department pursuant to article forty-four of the general business
law upon the affirmative consent of a person acting as surrogate. Such
registry shall provide a means for gathering and maintaining accurate
information on the:

(i) number of times a person has acted as a surrogate;

(ii) health information of the person acting as surrogate; and

(iii) other information deemed appropriate by the commissioner;

(d) the development of guidelines, procedures or protocols, in
consultation with the American college of obstetricians and
gynecologists and the American society for reproductive medicine, to
assist physicians in screening potential surrogates for their ability to
serve as a surrogate as required under subdivision four of section
581-402 of the family court act including taking into consideration the
potential surrogates family medical history and complications from prior
pregnancies and known health conditions that may pose a risk to the
potential surrogate during pregnancy; and

(e) the development of guidance to reduce conflicts of interest among
physicians providing health care services to the surrogate.

2. All such regulations shall maintain the anonymity of the person
acting as surrogate and any resulting offspring and govern access to
information maintained by the registry. Such registry shall comply with
all state and federal laws and regulations related to maintaining the
privacy and confidentiality of records contained with the registry.