N.Y. Domestic Relations Law § 123: Prohibitions and penalties

§ 123. Prohibitions and penalties. 1. No person or other entity shall

knowingly request, accept, receive, pay or give any fee, compensation or

other remuneration, directly or indirectly, in connection with any

genetic surrogate parenting agreement, or induce, arrange or otherwise

assist in arranging a genetic surrogate parenting agreement for a fee,

compensation or other remuneration, except for:

(a) payments in connection with the adoption of a child permitted by

subdivision six of section three hundred seventy-four of the social

services law and disclosed pursuant to subdivision eight of section one

hundred fifteen of this chapter; or

(b) payments for reasonable and actual medical fees and hospital

expenses for artificial insemination or in vitro fertilization services

incurred by the genetic surrogate in connection with the birth of the

child.

2. (a) Any party to a genetic surrogate parenting agreement or the

spouse of any party to a genetic surrogate parenting agreement who

violates this section shall be subject to a civil penalty not to exceed

five hundred dollars.

(b) Any other person or entity who or which induces, arranges or

otherwise assists in the formation of a genetic surrogate parenting

contract for a fee, compensation or other remuneration or otherwise

violates this section shall be subject to a civil penalty not to exceed

ten thousand dollars and forfeiture to the state of any such fee,

compensation or remuneration in accordance with the provisions of

subdivision (a) of section seven thousand two hundred one of the civil

practice law and rules, for the first such offense. Any person or entity

who or which induces, arranges or otherwise assists in the formation of

a genetic surrogate parenting contract for a fee, compensation or other

remuneration or otherwise violates this section, after having been once

subject to a civil penalty for violating this section, shall be guilty

of a felony.