A 2057: Makes various amendments to a chapter governing surrogacy programs and agreements.

  
  STATE OF NEW YORK ________________________________________________________________________ 2057 2025-2026 Regular Sessions  IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act and the general business law, in relation to surrogacy agreements; and to amend a chapter of the laws of 2024 amending the family court act, the domestic relations law and the general business law relating to surrogacy programs and agree- ments, as proposed in legislative bills numbers S. 5107-C and A. 4921-C The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions (j), (k) and (s) of section 581-102 of the 2 family court act, as amended by a chapter of the laws of 2024 amending 3 the family court act, the domestic relations law and the general busi- 4 ness law relating to surrogacy programs and agreements, as proposed in 5 legislative bills numbers S. 5107-C and A. 4921-C, are amended to read 6 as follows: 7 (j) "In vitro fertilization" means the formation of a human embryo 8 outside the human body for purposes of assisted reproduction. 9 (k) "Intended parent" is an individual who manifests the intent to be 10 legally bound as the parent of a child resulting from assisted reprod- 11 uction or a surrogacy agreement, provided [he or she] the individual 12 meets the requirements of this article. 13 (s) "Surrogacy agreement" means an agreement between at least one 14 intended parent and a person acting as surrogate intended to result in a 15 live birth where the child will be the legal child of the intended 16 parent or parents. 17 § 2. Subdivision (d) of section 581-203 of the family court act, as 18 amended by a chapter of the laws of 2024 amending the family court act, 19 the domestic relations law and the general business law relating to 20 surrogacy programs and agreements, as proposed in legislative bills 21 numbers S. 5107-C and A. 4921-C, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02892-01-5 
 A. 2057 2 1 (d) Where the court finds the statements required by subdivision (c) 2 of this section to be true, the court shall issue a judgment of parent- 3 age, without additional proceedings or documentation: 4 (1) declaring, that upon the birth of the child born during the term 5 of the surrogacy agreement, the intended parent or parents are the only 6 legal parent or parents of the child; 7 (2) declaring, that upon the birth of the child born during the term 8 of the surrogacy agreement, the person acting as surrogate, and the 9 spouse of the person acting as surrogate, if applicable, is not a legal 10 parent of the child; 11 (3) declaring that upon the birth of the child born during the term of 12 the surrogacy agreement, any donor, if applicable, is not a parent of 13 the child; 14 (4) ordering the person acting as surrogate and the spouse of the 15 person acting as surrogate, if any, to transfer the child to the 16 intended parent or parents if this has not already occurred; 17 (5) ordering the intended parent or parents to assume responsibility 18 for the maintenance and support of the child immediately upon the birth 19 of the child; and 20 (6) ordering that: 21 (i) The hospital birth registrar shall report the parentage of the 22 child on the record of live birth in conformity with the judgment of 23 parentage, if the judgment of parentage is issued before the birth of 24 the child; and 25 (ii) If a change to the child's birth certificate is necessitated by 26 the judgment of parentage, then pursuant to section two hundred fifty- 27 four of the judiciary law, the clerk of the court shall transmit to the 28 state commissioner of health, or for a person born in New York city, to 29 the commissioner of health of the city of New York, on a form prescribed 30 by the commissioner, a written notification of such entry together with 31 such other facts as may assist in identifying the birth record of the 32 person whose parentage was in issue and, if the person whose parentage 33 has been determined is under eighteen years of age, the clerk shall also 34 transmit to the registry operated by the department of social services 35 pursuant to section three hundred seventy-two-c of the social services 36 law a notification of the determination; and 37 (iii) Pursuant to section forty-one hundred thirty-eight of the public 38 health law and NYC Public Health Code section 207.05 that upon receipt 39 of a judgement of parentage the local registrar where a child is born 40 will report the parentage of the child to the appropriate department of 41 health in conformity with the court order. If an original birth certif- 42 icate has already been issued, the appropriate department of health will 43 amend the birth certificate in an expedited manner and seal the previ- 44 ously issued birth certificate except that it may be rendered accessible 45 to the child at eighteen years of age or the legal parent or parents; 46 and 47 (7) if the judgment of parentage is issued prior to the birth of the 48 child, ordering the petitioner or petitioners, within [seven] fourteen 49 days of such birth, to provide the court with notification thereof, 50 together with such other facts as may assist in identifying the birth 51 record of the child whose parentage was in issue. Such notification 52 shall be in writing on a form to be prescribed by the chief administra- 53 tor of the courts. The court shall thereafter issue an amended judgment 54 of parentage that includes the child's name as it appears on the child's 55 birth certificate and the child's date of birth. 
 A. 2057 3 1 § 3. Paragraphs 7 and 8 of subdivision (a) of section 581-402 of the 2 family court act, as amended by a chapter of the laws of 2024 amending 3 the family court act, the domestic relations law and the general busi- 4 ness law relating to surrogacy programs and agreements, as proposed in 5 legislative bills numbers S. 5107-C and A. 4921-C, is amended to read as 6 follows: 7 (7) the person acting as surrogate has or the surrogacy agreement 8 stipulates that the person acting as surrogate will obtain a comprehen- 9 sive health insurance [coverage] policy that takes effect [after the 10 person acting as surrogate has been deemed medically eligible but] prior 11 to taking any medication or commencing treatment to further embryo 12 transfer that covers[: 13 (i) preconception care. The surrogacy agreement shall state that the 14 intended parent or parents will be responsible for all medical costs of 15 the person acting as surrogate associated with their preconception care 16 including but not limited to medical and psychological screenings, medi- 17 cations, embryo transfer procedure, monitoring prior and subsequent to 18 the embryo transfer procedure and any complications associated with the 19 foregoing. The intended parent or parents shall be responsible for the 20 costs of any such complications either through insurance or by placing 21 and maintaining sufficient funds in escrow to cover such expenses. If 22 the surrogacy agreement is terminated after the person acting as surro- 23 gate has taken any medication or commenced treatment to further embryo 24 transfer but before pregnancy is achieved, such funds shall remain in 25 escrow for a minimum period of six months from the date the surrogacy 26 agreement is terminated; 27 (ii) medical expenses associated with pregnancy. The person acting as 28 surrogate has, or the surrogacy agreement shall stipulate that the 29 person acting as surrogate will obtain, comprehensive health insurance 30 coverage, via one or more insurance policies, prior to or immediately 31 upon confirmation of pregnancy that covers prenatal care, major medical 32 treatments, hospitalization, behavioral health care, childbirth and 33 postnatal care, and that such comprehensive coverage must be in place 34 throughout the duration of the pregnancy and for twelve months after the 35 birth of the child, a stillbirth, a miscarriage resulting in termination 36 of the pregnancy, or termination of the pregnancy. The policy shall be 37 paid for, whether directly or through reimbursement or other means, by 38 the intended parent or parents on behalf of the person acting as surro- 39 gate to the extent that there is an additional cost to the person acting 40 as surrogate for such health insurance coverage. The intended parent or 41 parents shall also pay for or reimburse the person acting as surrogate 42 for all co-payments, deductibles and any other out-of-pocket medical 43 costs associated with pregnancy, childbirth, or postnatal care, that 44 accrue through twelve months after the birth of the child, a stillbirth, 45 a miscarriage resulting in termination of the pregnancy, or termination 46 of the pregnancy; and 47 (iii) uncompensated surrogacy agreements. A person acting as surrogate 48 who is receiving no compensation may waive the right to have the 49 intended parent or parents make the payments set forth in this section] 50 preconception care, prenatal care, major medical treatments, hospitali- 51 zation, and behavioral health care, and the comprehensive policy has a 52 term that extends throughout the duration of the expected pregnancy and 53 for twelve months after the birth of the child, a stillbirth, a miscar- 54 riage resulting in termination of pregnancy, or termination of the preg- 55 nancy; the policy shall be paid for, whether directly or through 56 reimbursement or other means, by the intended parent or parents on 
 A. 2057 4 1 behalf of the person acting as surrogate pursuant to the surrogacy 2 agreement, except that a person acting as surrogate who is receiving no 3 compensation may waive the right to have the intended parent or parents 4 pay for the health insurance policy. The intended parent or parents 5 shall also pay for or reimburse the person acting as surrogate for all 6 co-payments, deductibles and any other out-of-pocket medical costs asso- 7 ciated with preconception, pregnancy, childbirth, or postnatal care, 8 that accrue through twelve months after the birth of the child, a still- 9 birth, a miscarriage, or termination of the pregnancy. A person acting 10 as surrogate who is receiving no compensation may waive the right to 11 have the intended parent or parents make such payments or 12 reimbursements; 13 (8) the surrogacy agreement must provide that the intended parent or 14 parents shall procure and pay for a life insurance[, contractual liabil- 15 ity or accidental death insurance] policy for the person acting as 16 surrogate that takes effect prior to taking any medication or the 17 commencement of medical procedures to further embryo transfer, provides 18 a minimum benefit of seven hundred fifty thousand dollars or the maximum 19 amount the person acting as surrogate qualifies for if [it is] less than 20 seven hundred fifty thousand dollars, and [such coverage shall extend] 21 has a term that extends throughout the duration of the expected pregnan- 22 cy and for twelve months after the birth of the child, a stillbirth, a 23 miscarriage resulting in termination of pregnancy, or termination of the 24 pregnancy, with a beneficiary or beneficiaries of [the person acting as 25 surrogate's] their choosing. The policy shall be paid for, whether 26 directly or through reimbursement or other means, by the intended parent 27 or parents on behalf of the person acting as surrogate pursuant to the 28 surrogacy agreement, except that a person acting as surrogate who is 29 receiving no compensation may waive the right to have the intended 30 parent or parents pay for the life insurance[, contractual liability or 31 accidental death insurance] policy [but not the requirement to have such 32 a policy]; and 33 § 4. Subdivision (g) of section 581-403 of the family court act, as 34 amended by a chapter of the laws of 2024 amending the family court act, 35 the domestic relations law and the general business law relating to 36 surrogacy programs and agreements, as proposed in legislative bills 37 numbers S. 5107-C and A. 4921-C, is amended to read as follows: 38 (g) the surrogacy agreement must include information disclosing how 39 the intended parent or parents will cover the medical expenses of the 40 person acting as surrogate and the child. [The surrogacy agreement shall 41 specify the amount that the intended parent or parents shall place in 42 escrow to cover such reasonable anticipated costs including precon- 43 ception medical care and extending throughout the duration of the 44 expected surrogacy agreement. If it is anticipated that comprehensive 45 health care coverage will be used to cover the medical expenses for the 46 person acting as surrogate, the] If comprehensive health care coverage 47 is used to cover the medical expenses, the disclosure shall include a 48 review and summary of the health care policy provisions related to 49 coverage and exclusions for the person acting as [surrogate shall be 50 reviewed and summarized in relation to the anticipated pregnancy prior 51 to such policy being used to cover any of the person acting as surro- 52 gate's medical expenses incurred pursuant to the surrogacy agreement] 53 surrogate's pregnancy; and 54 § 5. Subparagraph (x) of paragraph 1 of subdivision (i) of section 55 581-403 of the family court act, as amended by a chapter of the laws of 56 2024 amending the family court act, the domestic relations law and the 
 A. 2057 5 1 general business law relating to surrogacy programs and agreements, as 2 proposed in legislative bills numbers S. 5107-C and A. 4921-C, is 3 amended to read as follows: 4 (x) the surrogacy agreement shall provide that, upon the person acting 5 as surrogate's request, the intended parent or parents [shall] have or 6 will procure and pay for a disability insurance policy [or other insur- 7 ance policy to cover any lost wages incurred by] for the person acting 8 as surrogate [in connection with their participation in the surrogacy 9 agreement after taking any medication or commencing treatment to further 10 embryo transfer excluding medical procedures required to determine the 11 medical eligibility to become a person acting as surrogate. In the event 12 that such insurance coverage is not available, the intended parent or 13 parents shall reimburse the person acting as surrogate for any lost 14 wages the person acting as surrogate incurs in connection with their 15 participation in the surrogacy agreement]; the person acting as surro- 16 gate may designate the beneficiary of the person's choosing. 17 § 6. Section 581-405 of the family court act, as amended by a chapter 18 of the laws of 2024 amending the family court act, the domestic 19 relations law and the general business law relating to surrogacy 20 programs and agreements, as proposed in legislative bills numbers S. 21 5107-C and A. 4921-C, is amended to read as follows: 22 § 581-405. Termination of surrogacy agreement. After the execution of 23 a surrogacy agreement but before the [embryo transfer occurs or after an 24 unsuccessful embryo transfer] person acting as surrogate becomes preg- 25 nant by means of assisted reproduction, the person acting as surrogate, 26 the spouse of the person acting as surrogate, if applicable, or any 27 intended parent may terminate the surrogacy agreement by giving notice 28 of termination in a record to all other parties. Upon proper termination 29 of the surrogacy agreement the parties are released from all obligations 30 recited in the surrogacy agreement except that the intended parent or 31 parents [shall] remain responsible for all [lost wages and other finan- 32 cial obligations which have accrued] expenses that are reimbursable 33 under the agreement which have been incurred by the person acting as 34 surrogate through the date of termination. If the intended parent or 35 parents terminate the surrogacy agreement pursuant to this section after 36 the person acting as surrogate has taken any medication or commenced 37 treatment to further embryo transfer, such intended parent or parents 38 shall be responsible for paying for or reimbursing the person acting as 39 surrogate for all co-payments, deductibles, any other out-of-pocket 40 medical costs, and any other economic losses incurred within twelve 41 months [after] of the termination of the agreement [which, as documented 42 by a health care practitioner, are] and associated with taking such 43 medication or undertaking such treatment. Unless the agreement provides 44 otherwise, the person acting as surrogate is entitled to keep all 45 payments received and obtain all payments to which the person is enti- 46 tled up until the date of termination of the agreement. Neither a 47 person acting as surrogate nor the spouse of the person acting as surro- 48 gate, if [applicable] any, is liable to the intended parent or parents 49 for terminating a surrogacy agreement as provided in this section. 50 § 7. Section 581-604 of the family court act, as amended by a chapter 51 of the laws of 2024 amending the family court act, the domestic 52 relations law and the general business law relating to surrogacy 53 programs and agreements, as proposed in legislative bills numbers S. 54 5107-C and A. 4921-C, is amended to read as follows: 55 § 581-604. Health insurance and medical costs. A person acting as 56 surrogate has the right to have a comprehensive health insurance [cover- 
 A. 2057 6 1 age] policy that covers preconception [medical expenses and medical 2 expenses associated with the pregnancy] care, prenatal care, major 3 medical treatments, hospitalization and behavioral care for a [period] 4 term that extends throughout the duration of the expected pregnancy and 5 for twelve months after the birth of the child, a stillbirth, a miscar- 6 riage resulting in termination of pregnancy, or termination of the preg- 7 nancy, to be paid for by the intended parent or parents. [In addition, 8 a person acting as a surrogate shall have the right to have the intended 9 parent or parents pay for all of their medical expenses incurred in 10 connection with the surrogacy agreement, continuing through the duration 11 of the expected pregnancy and for twelve months after the birth of the 12 child, a stillbirth, a miscarriage resulting in the termination of preg- 13 nancy, or the termination of the pregnancy.] The intended parent or 14 parents shall also pay for or reimburse the person acting as surrogate 15 for all co-payments, deductibles and any other out-of-pocket medical 16 costs associated with pregnancy, childbirth, or postnatal care that 17 accrue through twelve months after the birth of the child, a stillbirth, 18 a miscarriage, or the termination of the pregnancy. A person acting as a 19 surrogate who is receiving no compensation may waive the right to have 20 the intended parent or parents make such payments or reimbursements. 21 § 8. Section 581-605 of the family court act, as amended by a chapter 22 of the laws of 2024 amending the family court act, the domestic 23 relations law and the general business law relating to surrogacy 24 programs and agreements, as proposed in legislative bills numbers S. 25 5107-C and A. 4921-C, is amended to read as follows: 26 § 581-605. Counseling. A person acting as surrogate has the right to 27 [mental health] obtain a comprehensive health insurance policy that 28 covers behavioral health care and will cover the cost of psychological 29 counseling to address issues resulting from their participation in [the] 30 a surrogacy [agreement, which] and such policy shall be paid for by [an 31 insurance policy or by] the intended parent or parents. 32 § 9. Section 581-606 of the family court act, as amended by a chapter 33 of the laws of 2024 amending the family court act, the domestic 34 relations law and the general business law relating to surrogacy 35 programs and agreements, as proposed in legislative bills numbers S. 36 5107-C and A. 4921-C, is amended to read as follows: 37 § 581-606. Life insurance[, contractual liability, or accidental death 38 insurance policy]. A person acting as surrogate has the right to be 39 provided a life insurance, [contractual liability or accidental death 40 insurance] policy that takes effect prior to taking any medication or 41 commencement of treatment to further embryo transfer, provides a minimum 42 benefit of seven hundred fifty thousand dollars, or the maximum amount 43 the person acting as surrogate [qualifies] qualifying for [if] it less 44 than seven hundred fifty thousand dollars, and [such coverage shall 45 extend] has a term that extends throughout the duration of the expected 46 pregnancy and for twelve months after the birth of the child, a still- 47 birth, a miscarriage resulting in termination of pregnancy, or termi- 48 nation of the pregnancy, with a beneficiary or beneficiaries of [the 49 person acting as surrogate's] their choosing, to be paid for by the 50 intended parent or parents. 51 § 10. Section 581-705 of the family court act, as added by a chapter 52 of the laws of 2024 amending the family court act, the domestic 53 relations law and the general business law relating to surrogacy 54 programs and agreements, as proposed in legislative bills numbers S. 55 5107-C and A. 4921-C, is amended to read as follows: 
 A. 2057 7 1 § 581-705. Adjudication. (a) A court adjudicating the parentage of a 2 child conceived through assisted reproduction or adjudicating the 3 enforceability of an embryo disposition agreement may apply section 4 581-202 and part three of this article retroactively. 5 (b) The participants in a surrogacy agreement that involved the 6 payment of compensation prior to February fifteenth, two thousand twen- 7 ty-one shall not be eligible to receive a judgment of parentage pursuant 8 to section 581-203 or section 581-406 of this article, but shall be 9 entitled to seek a judgment of parentage pursuant to section 581-407 of 10 this article. 11 (c) This article shall apply retroactively to uncompensated surrogacy 12 agreements entered into prior to February fifteenth, two thousand [twen- 13 ty-two] twenty-one, with regard to a court adjudication the parentage of 14 a child. 15 (d) Surrogacy agreements that were executed on or after February 16 fifteenth, two thousand [twenty-three] twenty-one, but before the effec- 17 tive date of the chapter of the laws of two thousand twenty-four that 18 added this subdivision that were in compliance with this article before 19 it was amended by the chapter of the laws of two thousand twenty-four 20 that added this subdivision shall be deemed a compliant surrogacy 21 agreement pursuant to section 581-406 of this article regardless of any 22 deviations from the current provisions of this article. 23 § 11. Subdivision (c) of section 1400 of the general business law, as 24 amended by a chapter of the laws of 2024 amending the family court act, 25 the domestic relations law and the general business law relating to 26 surrogacy programs and agreements, as proposed in legislative bills 27 numbers S. 5107-C and A. 4921-C, is amended to read as follows: 28 (c) "Surrogacy program" does not include any party to a surrogacy 29 agreement or any person licensed to practice law and representing a 30 party to the surrogacy agreement, but does include and is not limited to 31 any agency, agent, business, or individual engaged in, arranging, or 32 facilitating transactions contemplated by a surrogacy agreement, regard- 33 less of whether such agreement ultimately comports with the requirements 34 of part four of article five-C of the family court act. [Any person 35 licensed to practice law shall be deemed a surrogacy program only in 36 those cases where such person is providing matching services to the 37 intended parent or parents and the person acting as a surrogate.] 38 § 12. Subdivision 1 of section 1404 of the general business law, as 39 amended by a chapter of the laws of 2024 amending the family court act, 40 the domestic relations law and the general business law relating to 41 surrogacy programs and agreements, as proposed in legislative bills 42 numbers S. 5107-C and A. 4921-C, is amended to read as follows: 43 1. The department of health, in consultation with the department of 44 financial services, shall promulgate rules and regulations to implement 45 the requirements of this article regarding surrogacy programs and 46 assisted reproduction service providers in a manner that ensures the 47 safety and health of gamete providers and persons serving as surrogates. 48 Such regulations shall, at a minimum: 49 (a) Require surrogacy programs to monitor compliance with eligibility 50 criteria for the intended parents and persons acting as surrogates 51 pursuant to section 581-402 of the family court act; and 52 (b) Require the assisted reproduction service providers to administer 53 informed consent procedures that comply with regulations promulgated by 54 the department of health under section twenty-five hundred ninety-nine- 55 cc of the public health law. 
 A. 2057 8 1 § 13. Section 27 of a chapter of the laws of 2024 amending the family 2 court act, the domestic relations law and the general business law 3 relating to surrogacy programs and agreements, as proposed in legisla- 4 tive bills numbers S. 5107-C and A. 4921-C, is amended to read as 5 follows: 6 § 27. This act shall take effect immediately; provided, however, that 7 the amendments to subparagraph (i) of paragraph 4 and paragraph 5 of 8 subdivision (g) of section 581-202 of the family court act made by 9 section two of this act, and to subparagraph (i) of paragraph 6 and 10 paragraph 7 of subdivision (d) of section 581-203 of the family court 11 act made by section three of this act shall take effect three years 12 after it shall have become a law. 13 § 14. This act shall take effect immediately; provided, however, that 14 sections one through twelve of this act shall take effect on the same 15 date and in the same manner as a chapter of the laws of 2024 amending 16 the family court act, the domestic relations law and the general busi- 17 ness law relating to surrogacy programs and agreements, as proposed in 18 legislative bills numbers S. 5107-C and A. 4921-C, takes effect.