S 819: Makes various amendments to a chapter governing surrogacy programs and agreements.

  
  STATE OF NEW YORK ________________________________________________________________________ 819 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02892-01-5 
 S. 819 2 1 surrogacy programs and agreements, as proposed in legislative bills 2 numbers S. 5107-C and A. 4921-C, is amended to read as follows: 3 (d) Where the court finds the statements required by subdivision (c) 4 of this section to be true, the court shall issue a judgment of parent- 5 age, without additional proceedings or documentation: 6 (1) declaring, that upon the birth of the child born during the term 7 of the surrogacy agreement, the intended parent or parents are the only 8 legal parent or parents of the child; 9 (2) declaring, that upon the birth of the child born during the term 10 of the surrogacy agreement, the person acting as surrogate, and the 11 spouse of the person acting as surrogate, if applicable, is not a legal 12 parent of the child; 13 (3) declaring that upon the birth of the child born during the term of 14 the surrogacy agreement, any donor, if applicable, is not a parent of 15 the child; 16 (4) ordering the person acting as surrogate and the spouse of the 17 person acting as surrogate, if any, to transfer the child to the 18 intended parent or parents if this has not already occurred; 19 (5) ordering the intended parent or parents to assume responsibility 20 for the maintenance and support of the child immediately upon the birth 21 of the child; and 22 (6) ordering that: 23 (i) The hospital birth registrar shall report the parentage of the 24 child on the record of live birth in conformity with the judgment of 25 parentage, if the judgment of parentage is issued before the birth of 26 the child; and 27 (ii) If a change to the child's birth certificate is necessitated by 28 the judgment of parentage, then pursuant to section two hundred fifty- 29 four of the judiciary law, the clerk of the court shall transmit to the 30 state commissioner of health, or for a person born in New York city, to 31 the commissioner of health of the city of New York, on a form prescribed 32 by the commissioner, a written notification of such entry together with 33 such other facts as may assist in identifying the birth record of the 34 person whose parentage was in issue and, if the person whose parentage 35 has been determined is under eighteen years of age, the clerk shall also 36 transmit to the registry operated by the department of social services 37 pursuant to section three hundred seventy-two-c of the social services 38 law a notification of the determination; and 39 (iii) Pursuant to section forty-one hundred thirty-eight of the public 40 health law and NYC Public Health Code section 207.05 that upon receipt 41 of a judgement of parentage the local registrar where a child is born 42 will report the parentage of the child to the appropriate department of 43 health in conformity with the court order. If an original birth certif- 44 icate has already been issued, the appropriate department of health will 45 amend the birth certificate in an expedited manner and seal the previ- 46 ously issued birth certificate except that it may be rendered accessible 47 to the child at eighteen years of age or the legal parent or parents; 48 and 49 (7) if the judgment of parentage is issued prior to the birth of the 50 child, ordering the petitioner or petitioners, within [seven] fourteen 51 days of such birth, to provide the court with notification thereof, 52 together with such other facts as may assist in identifying the birth 53 record of the child whose parentage was in issue. Such notification 54 shall be in writing on a form to be prescribed by the chief administra- 55 tor of the courts. The court shall thereafter issue an amended judgment 
 S. 819 3 1 of parentage that includes the child's name as it appears on the child's 2 birth certificate and the child's date of birth. 3 § 3. Paragraphs 7 and 8 of subdivision (a) of section 581-402 of the 4 family court act, as amended by a chapter of the laws of 2024 amending 5 the family court act, the domestic relations law and the general busi- 6 ness law relating to surrogacy programs and agreements, as proposed in 7 legislative bills numbers S. 5107-C and A. 4921-C, is amended to read as 8 follows: 9 (7) the person acting as surrogate has or the surrogacy agreement 10 stipulates that the person acting as surrogate will obtain a comprehen- 11 sive health insurance [coverage] policy that takes effect [after the 12 person acting as surrogate has been deemed medically eligible but] prior 13 to taking any medication or commencing treatment to further embryo 14 transfer that covers[: 15 (i) preconception care. The surrogacy agreement shall state that the 16 intended parent or parents will be responsible for all medical costs of 17 the person acting as surrogate associated with their preconception care 18 including but not limited to medical and psychological screenings, medi- 19 cations, embryo transfer procedure, monitoring prior and subsequent to 20 the embryo transfer procedure and any complications associated with the 21 foregoing. The intended parent or parents shall be responsible for the 22 costs of any such complications either through insurance or by placing 23 and maintaining sufficient funds in escrow to cover such expenses. If 24 the surrogacy agreement is terminated after the person acting as surro- 25 gate has taken any medication or commenced treatment to further embryo 26 transfer but before pregnancy is achieved, such funds shall remain in 27 escrow for a minimum period of six months from the date the surrogacy 28 agreement is terminated; 29 (ii) medical expenses associated with pregnancy. The person acting as 30 surrogate has, or the surrogacy agreement shall stipulate that the 31 person acting as surrogate will obtain, comprehensive health insurance 32 coverage, via one or more insurance policies, prior to or immediately 33 upon confirmation of pregnancy that covers prenatal care, major medical 34 treatments, hospitalization, behavioral health care, childbirth and 35 postnatal care, and that such comprehensive coverage must be in place 36 throughout the duration of the pregnancy and for twelve months after the 37 birth of the child, a stillbirth, a miscarriage resulting in termination 38 of the pregnancy, or termination of the pregnancy. The policy shall be 39 paid for, whether directly or through reimbursement or other means, by 40 the intended parent or parents on behalf of the person acting as surro- 41 gate to the extent that there is an additional cost to the person acting 42 as surrogate for such health insurance coverage. The intended parent or 43 parents shall also pay for or reimburse the person acting as surrogate 44 for all co-payments, deductibles and any other out-of-pocket medical 45 costs associated with pregnancy, childbirth, or postnatal care, that 46 accrue through twelve months after the birth of the child, a stillbirth, 47 a miscarriage resulting in termination of the pregnancy, or termination 48 of the pregnancy; and 49 (iii) uncompensated surrogacy agreements. A person acting as surrogate 50 who is receiving no compensation may waive the right to have the 51 intended parent or parents make the payments set forth in this section] 52 preconception care, prenatal care, major medical treatments, hospitali- 53 zation, and behavioral health care, and the comprehensive policy has a 54 term that extends throughout the duration of the expected pregnancy and 55 for twelve months after the birth of the child, a stillbirth, a miscar- 56 riage resulting in termination of pregnancy, or termination of the preg- 
 S. 819 4 1 nancy; the policy shall be paid for, whether directly or through 2 reimbursement or other means, by the intended parent or parents on 3 behalf of the person acting as surrogate pursuant to the surrogacy 4 agreement, except that a person acting as surrogate who is receiving no 5 compensation may waive the right to have the intended parent or parents 6 pay for the health insurance policy. The intended parent or parents 7 shall also pay for or reimburse the person acting as surrogate for all 8 co-payments, deductibles and any other out-of-pocket medical costs asso- 9 ciated with preconception, pregnancy, childbirth, or postnatal care, 10 that accrue through twelve months after the birth of the child, a still- 11 birth, a miscarriage, or termination of the pregnancy. A person acting 12 as surrogate who is receiving no compensation may waive the right to 13 have the intended parent or parents make such payments or 14 reimbursements; 15 (8) the surrogacy agreement must provide that the intended parent or 16 parents shall procure and pay for a life insurance[, contractual liabil- 17 ity or accidental death insurance] policy for the person acting as 18 surrogate that takes effect prior to taking any medication or the 19 commencement of medical procedures to further embryo transfer, provides 20 a minimum benefit of seven hundred fifty thousand dollars or the maximum 21 amount the person acting as surrogate qualifies for if [it is] less than 22 seven hundred fifty thousand dollars, and [such coverage shall extend] 23 has a term that extends throughout the duration of the expected pregnan- 24 cy and for twelve months after the birth of the child, a stillbirth, a 25 miscarriage resulting in termination of pregnancy, or termination of the 26 pregnancy, with a beneficiary or beneficiaries of [the person acting as 27 surrogate's] their choosing. The policy shall be paid for, whether 28 directly or through reimbursement or other means, by the intended parent 29 or parents on behalf of the person acting as surrogate pursuant to the 30 surrogacy agreement, except that a person acting as surrogate who is 31 receiving no compensation may waive the right to have the intended 32 parent or parents pay for the life insurance[, contractual liability or 33 accidental death insurance] policy [but not the requirement to have such 34 a policy]; and 35 § 4. Subdivision (g) of section 581-403 of the family court act, as 36 amended by a chapter of the laws of 2024 amending the family court act, 37 the domestic relations law and the general business law relating to 38 surrogacy programs and agreements, as proposed in legislative bills 39 numbers S. 5107-C and A. 4921-C, is amended to read as follows: 40 (g) the surrogacy agreement must include information disclosing how 41 the intended parent or parents will cover the medical expenses of the 42 person acting as surrogate and the child. [The surrogacy agreement shall 43 specify the amount that the intended parent or parents shall place in 44 escrow to cover such reasonable anticipated costs including precon- 45 ception medical care and extending throughout the duration of the 46 expected surrogacy agreement. If it is anticipated that comprehensive 47 health care coverage will be used to cover the medical expenses for the 48 person acting as surrogate, the] If comprehensive health care coverage 49 is used to cover the medical expenses, the disclosure shall include a 50 review and summary of the health care policy provisions related to 51 coverage and exclusions for the person acting as [surrogate shall be 52 reviewed and summarized in relation to the anticipated pregnancy prior 53 to such policy being used to cover any of the person acting as surro- 54 gate's medical expenses incurred pursuant to the surrogacy agreement] 55 surrogate's pregnancy; and 
 S. 819 5 1 § 5. Subparagraph (x) of paragraph 1 of subdivision (i) of section 2 581-403 of the family court act, as amended by a chapter of the laws of 3 2024 amending the family court act, the domestic relations law and the 4 general business law relating to surrogacy programs and agreements, as 5 proposed in legislative bills numbers S. 5107-C and A. 4921-C, is 6 amended to read as follows: 7 (x) the surrogacy agreement shall provide that, upon the person acting 8 as surrogate's request, the intended parent or parents [shall] have or 9 will procure and pay for a disability insurance policy [or other insur- 10 ance policy to cover any lost wages incurred by] for the person acting 11 as surrogate [in connection with their participation in the surrogacy 12 agreement after taking any medication or commencing treatment to further 13 embryo transfer excluding medical procedures required to determine the 14 medical eligibility to become a person acting as surrogate. In the event 15 that such insurance coverage is not available, the intended parent or 16 parents shall reimburse the person acting as surrogate for any lost 17 wages the person acting as surrogate incurs in connection with their 18 participation in the surrogacy agreement]; the person acting as surro- 19 gate may designate the beneficiary of the person's choosing. 20 § 6. Section 581-405 of the family court act, as amended by a chapter 21 of the laws of 2024 amending the family court act, the domestic 22 relations law and the general business law relating to surrogacy 23 programs and agreements, as proposed in legislative bills numbers S. 24 5107-C and A. 4921-C, is amended to read as follows: 25 § 581-405. Termination of surrogacy agreement. After the execution of 26 a surrogacy agreement but before the [embryo transfer occurs or after an 27 unsuccessful embryo transfer] person acting as surrogate becomes preg- 28 nant by means of assisted reproduction, the person acting as surrogate, 29 the spouse of the person acting as surrogate, if applicable, or any 30 intended parent may terminate the surrogacy agreement by giving notice 31 of termination in a record to all other parties. Upon proper termination 32 of the surrogacy agreement the parties are released from all obligations 33 recited in the surrogacy agreement except that the intended parent or 34 parents [shall] remain responsible for all [lost wages and other finan- 35 cial obligations which have accrued] expenses that are reimbursable 36 under the agreement which have been incurred by the person acting as 37 surrogate through the date of termination. If the intended parent or 38 parents terminate the surrogacy agreement pursuant to this section after 39 the person acting as surrogate has taken any medication or commenced 40 treatment to further embryo transfer, such intended parent or parents 41 shall be responsible for paying for or reimbursing the person acting as 42 surrogate for all co-payments, deductibles, any other out-of-pocket 43 medical costs, and any other economic losses incurred within twelve 44 months [after] of the termination of the agreement [which, as documented 45 by a health care practitioner, are] and associated with taking such 46 medication or undertaking such treatment. Unless the agreement provides 47 otherwise, the person acting as surrogate is entitled to keep all 48 payments received and obtain all payments to which the person is enti- 49 tled up until the date of termination of the agreement. Neither a 50 person acting as surrogate nor the spouse of the person acting as surro- 51 gate, if [applicable] any, is liable to the intended parent or parents 52 for terminating a surrogacy agreement as provided in this section. 53 § 7. Section 581-604 of the family court act, as amended by a chapter 54 of the laws of 2024 amending the family court act, the domestic 55 relations law and the general business law relating to surrogacy 
 S. 819 6 1 programs and agreements, as proposed in legislative bills numbers S. 2 5107-C and A. 4921-C, is amended to read as follows: 3 § 581-604. Health insurance and medical costs. A person acting as 4 surrogate has the right to have a comprehensive health insurance [cover- 5 age] policy that covers preconception [medical expenses and medical 6 expenses associated with the pregnancy] care, prenatal care, major 7 medical treatments, hospitalization and behavioral care for a [period] 8 term that extends throughout the duration of the expected pregnancy and 9 for twelve months after the birth of the child, a stillbirth, a miscar- 10 riage resulting in termination of pregnancy, or termination of the preg- 11 nancy, to be paid for by the intended parent or parents. [In addition, 12 a person acting as a surrogate shall have the right to have the intended 13 parent or parents pay for all of their medical expenses incurred in 14 connection with the surrogacy agreement, continuing through the duration 15 of the expected pregnancy and for twelve months after the birth of the 16 child, a stillbirth, a miscarriage resulting in the termination of preg- 17 nancy, or the termination of the pregnancy.] The intended parent or 18 parents shall also pay for or reimburse the person acting as surrogate 19 for all co-payments, deductibles and any other out-of-pocket medical 20 costs associated with pregnancy, childbirth, or postnatal care that 21 accrue through twelve months after the birth of the child, a stillbirth, 22 a miscarriage, or the termination of the pregnancy. A person acting as a 23 surrogate who is receiving no compensation may waive the right to have 24 the intended parent or parents make such payments or reimbursements. 25 § 8. Section 581-605 of the family court act, as amended by a chapter 26 of the laws of 2024 amending the family court act, the domestic 27 relations law and the general business law relating to surrogacy 28 programs and agreements, as proposed in legislative bills numbers S. 29 5107-C and A. 4921-C, is amended to read as follows: 30 § 581-605. Counseling. A person acting as surrogate has the right to 31 [mental health] obtain a comprehensive health insurance policy that 32 covers behavioral health care and will cover the cost of psychological 33 counseling to address issues resulting from their participation in [the] 34 a surrogacy [agreement, which] and such policy shall be paid for by [an 35 insurance policy or by] the intended parent or parents. 36 § 9. Section 581-606 of the family court act, as amended by a chapter 37 of the laws of 2024 amending the family court act, the domestic 38 relations law and the general business law relating to surrogacy 39 programs and agreements, as proposed in legislative bills numbers S. 40 5107-C and A. 4921-C, is amended to read as follows: 41 § 581-606. Life insurance[, contractual liability, or accidental death 42 insurance policy]. A person acting as surrogate has the right to be 43 provided a life insurance, [contractual liability or accidental death 44 insurance] policy that takes effect prior to taking any medication or 45 commencement of treatment to further embryo transfer, provides a minimum 46 benefit of seven hundred fifty thousand dollars, or the maximum amount 47 the person acting as surrogate [qualifies] qualifying for [if] it less 48 than seven hundred fifty thousand dollars, and [such coverage shall 49 extend] has a term that extends throughout the duration of the expected 50 pregnancy and for twelve months after the birth of the child, a still- 51 birth, a miscarriage resulting in termination of pregnancy, or termi- 52 nation of the pregnancy, with a beneficiary or beneficiaries of [the 53 person acting as surrogate's] their choosing, to be paid for by the 54 intended parent or parents. 55 § 10. Section 581-705 of the family court act, as added by a chapter 56 of the laws of 2024 amending the family court act, the domestic 
 S. 819 7 1 relations law and the general business law relating to surrogacy 2 programs and agreements, as proposed in legislative bills numbers S. 3 5107-C and A. 4921-C, is amended to read as follows: 4 § 581-705. Adjudication. (a) A court adjudicating the parentage of a 5 child conceived through assisted reproduction or adjudicating the 6 enforceability of an embryo disposition agreement may apply section 7 581-202 and part three of this article retroactively. 8 (b) The participants in a surrogacy agreement that involved the 9 payment of compensation prior to February fifteenth, two thousand twen- 10 ty-one shall not be eligible to receive a judgment of parentage pursuant 11 to section 581-203 or section 581-406 of this article, but shall be 12 entitled to seek a judgment of parentage pursuant to section 581-407 of 13 this article. 14 (c) This article shall apply retroactively to uncompensated surrogacy 15 agreements entered into prior to February fifteenth, two thousand [twen- 16 ty-two] twenty-one, with regard to a court adjudication the parentage of 17 a child. 18 (d) Surrogacy agreements that were executed on or after February 19 fifteenth, two thousand [twenty-three] twenty-one, but before the effec- 20 tive date of the chapter of the laws of two thousand twenty-four that 21 added this subdivision that were in compliance with this article before 22 it was amended by the chapter of the laws of two thousand twenty-four 23 that added this subdivision shall be deemed a compliant surrogacy 24 agreement pursuant to section 581-406 of this article regardless of any 25 deviations from the current provisions of this article. 26 § 11. Subdivision (c) of section 1400 of the general business law, as 27 amended by a chapter of the laws of 2024 amending the family court act, 28 the domestic relations law and the general business law relating to 29 surrogacy programs and agreements, as proposed in legislative bills 30 numbers S. 5107-C and A. 4921-C, is amended to read as follows: 31 (c) "Surrogacy program" does not include any party to a surrogacy 32 agreement or any person licensed to practice law and representing a 33 party to the surrogacy agreement, but does include and is not limited to 34 any agency, agent, business, or individual engaged in, arranging, or 35 facilitating transactions contemplated by a surrogacy agreement, regard- 36 less of whether such agreement ultimately comports with the requirements 37 of part four of article five-C of the family court act. [Any person 38 licensed to practice law shall be deemed a surrogacy program only in 39 those cases where such person is providing matching services to the 40 intended parent or parents and the person acting as a surrogate.] 41 § 12. Subdivision 1 of section 1404 of the general business law, as 42 amended by a chapter of the laws of 2024 amending the family court act, 43 the domestic relations law and the general business law relating to 44 surrogacy programs and agreements, as proposed in legislative bills 45 numbers S. 5107-C and A. 4921-C, is amended to read as follows: 46 1. The department of health, in consultation with the department of 47 financial services, shall promulgate rules and regulations to implement 48 the requirements of this article regarding surrogacy programs and 49 assisted reproduction service providers in a manner that ensures the 50 safety and health of gamete providers and persons serving as surrogates. 51 Such regulations shall, at a minimum: 52 (a) Require surrogacy programs to monitor compliance with eligibility 53 criteria for the intended parents and persons acting as surrogates 54 pursuant to section 581-402 of the family court act; and 55 (b) Require the assisted reproduction service providers to administer 56 informed consent procedures that comply with regulations promulgated by 
 S. 819 8 1 the department of health under section twenty-five hundred ninety-nine- 2 cc of the public health law. 3 § 13. Section 27 of a chapter of the laws of 2024 amending the family 4 court act, the domestic relations law and the general business law 5 relating to surrogacy programs and agreements, as proposed in legisla- 6 tive bills numbers S. 5107-C and A. 4921-C, is amended to read as 7 follows: 8 § 27. This act shall take effect immediately; provided, however, that 9 the amendments to subparagraph (i) of paragraph 4 and paragraph 5 of 10 subdivision (g) of section 581-202 of the family court act made by 11 section two of this act, and to subparagraph (i) of paragraph 6 and 12 paragraph 7 of subdivision (d) of section 581-203 of the family court 13 act made by section three of this act shall take effect three years 14 after it shall have become a law. 15 § 14. This act shall take effect immediately; provided, however, that 16 sections one through twelve of this act shall take effect on the same 17 date and in the same manner as a chapter of the laws of 2024 amending 18 the family court act, the domestic relations law and the general busi- 19 ness law relating to surrogacy programs and agreements, as proposed in 20 legislative bills numbers S. 5107-C and A. 4921-C, takes effect.