N.Y. Domestic Relations Law § 124: Proceedings regarding parental rights, status or obligations

§ 124. Proceedings regarding parental rights, status or obligations.

In any action or proceeding involving a purported genetic surrogacy

parenting agreement, the parentage of the child will be determined based

on the laws of New York state and:

1. the court shall not consider the genetic surrogate's participation

in a genetic surrogate parenting agreement as adverse to their parental

rights, status, or obligations; and

2. the court, having regard to the circumstances of the case and of

the respective parties including the parties' relative ability to pay

such fees and expenses, in its discretion and in the interests of

justice, may award to either party reasonable and actual counsel fees

and legal expenses incurred in connection with such action or

proceeding. Such award may be made in the order or judgment by which the

particular action or proceeding is finally determined, or by one or more

orders from time to time before the final order or judgment, or by both

such order or orders and the final order or judgment; provided, however,

that in any dispute involving a genetic surrogate who has executed a

valid surrender or consent to the adoption, nothing in this section

shall empower a court to make any award that it would not otherwise be

empowered to direct.