N.Y. Family Court Act § 581-202: Proceeding for judgment of parentage of a child conceived through assisted reproduction

§ 581-202. Proceeding for judgment of parentage of a child conceived

through assisted reproduction. (a) A proceeding for a judgment of

parentage with respect to a child conceived through assisted

reproduction may be commenced:

(1) if an intended parent or child resides in New York state, in the

county where the intended parent resides any time after pregnancy is

achieved or in the county where the child was born or resides or in the

county where the birth is intended to occur; or

(2) if neither an intended parent nor the child reside in New York

state, up to ninety days after the birth of the child in the county

where the child was born.

(b) The petition for a judgment of parentage must be verified.

(c) Where the court finds the following statements in the petition to

be true, the court shall adjudicate the intended parent or parents to be

the parent or parents of the child without the need for additional

proceedings or documentation:

(1) a statement that an intended parent or child has been a resident

of the state for at least six months, or if an intended parent or child

is not a New York state resident, that the child was born in New York

state within ninety days of filing; and

(2) a statement from the gestating intended parent that the gestating

intended parent became pregnant as a result of assisted reproduction;

and

(3) in cases where there is a non-gestating intended parent, a

statement from the gestating intended parent and non-gestating intended

parent that the non-gestating intended parent consented to assisted

reproduction pursuant to section 581-304 of this article; and

(4) proof of any donor's donative intent.

The court may, in its discretion, dispense with testimony to establish

the truthfulness of the statements.

(d) The following shall be deemed sufficient proof of a donor's

donative intent for purposes of this section:

(1) where gametes or embryos have been released to a gamete or embryo

storage facility or were donated in the presence of a health care

practitioner, either:

(i) a statement or documentation from the gamete or embryo storage

facility or health care practitioner stating or demonstrating that such

gametes or embryos had previously been released;

(ii) a record from the gamete or embryo donor or donors evidencing

intent to release the gametes or embryos; or

(iii) clear and convincing evidence that the gamete or embryo donor or

donors confirmed, prior to donation, that the donor or donors would have

no parental or proprietary interest in the gametes or embryos;

(2) where the gametes or embryos were not released to a gamete or

embryo storage facility or donated in the presence of a health care

practitioner, either:

(i) a record from the gamete or embryo donor acknowledging the

donation and confirming that the donor or donors shall have no parental

or proprietary interest in the gametes or embryos. The record shall be

signed by the intended parent or parents and the gamete or embryo donor

or donors:

(A) before a notary public, or

(B) before two witnesses who are not the intended parents, or

(C) before a health care practitioner; or

(ii) clear and convincing evidence that the gamete or embryo donor or

donors agreed, prior to the gametes or embryos being used for assisted

reproduction, that the donor or donors would have no parental or

proprietary interest in the gametes or embryos.

(3) Except for those agreements executed in compliance with section

581-306 of this article, this subdivision shall not apply where the

person providing the gametes or embryos is the spouse of the intended

parent.

(e) In the absence of evidence pursuant to subparagraphs (i) and (ii)

of paragraph one and subparagraph (i) of paragraph two of subdivision

(d) of this section, notice shall be given to the donor at least twenty

days prior to the date set for the proceeding to determine the existence

of donative intent by delivery of a copy of the petition and notice

pursuant to section three hundred eight of the civil practice law and

rules. If an intended parent or an intended parent's spouse is not a

petitioner, such notice shall also be given to such person who shall be

a necessary party unless the intended parent proceeded without the

participation of their spouse in compliance with subdivision (b) of

section 581-305 or section 581-306 of this article. Upon a showing to

the court, by affidavit or otherwise, on or before the date of the

proceeding or within such further time as the court may allow, that

personal service cannot be effected at the last known address or

addresses of the donor or donors, and/or the non-petitioning intended

parent, if any, with reasonable effort, notice may be given, without

prior court order therefore, at least twenty days prior to the

proceeding by registered or certified mail directed to such last known

address or addresses. Notice by publication shall not be required to be

given to anyone entitled to notice pursuant to the provisions of this

section.

Notwithstanding the above, where there is evidence that sperm is

provided under the supervision of a health care practitioner to someone

other than the sperm provider's intimate partner or spouse without a

record of the sperm provider's intent to parent, notice is not required.

(f) In cases not covered by subdivision (c) of this section, the court

shall adjudicate the parentage of the child consistent with part three

of this article.

(g) Where the requirements of subdivision (c) of this section are met

or where the court finds the intended parent or parents to be a parent

under subdivision (f) of this section, the court shall issue a judgment

of parentage:

(1) declaring the intended parent or parents to be the legal parent or

parents of the child immediately upon the birth of the child; and

(2) ordering the intended parent or parents to assume responsibility

for the maintenance and support of the child immediately upon the birth

of the child; and

(3) if there is a donor or donors, ordering that any donor is not a

parent of the child; and

(4) ordering that:

* (i) Pursuant to section two hundred fifty-four of the judiciary law,

the clerk of the court shall transmit to the state commissioner of

health, or for a person born in New York city, to the commissioner of

health of the city of New York, on a form prescribed by the

commissioner, a written notification of such entry together with such

other facts as may assist in identifying the birth record of the person

whose parentage was in issue and, if such person whose parentage has

been determined is under eighteen years of age, the clerk shall also

transmit forthwith to the registry operated by the department of social

services pursuant to section three hundred seventy-two-c of the social

services law a notification of such determination; and

* NB Effective until December 21, 2027

* (i) The hospital birth registrar shall report the parentage of the

child on the record of live birth in conformity with the judgment of

parentage, if the judgment of parentage is issued before the birth of

the child; and

* NB Effective December 21, 2027

(ii) If a change to the child's birth certificate is necessitated by

the judgment of parentage, then pursuant to section two hundred

fifty-four of the judiciary law, the clerk of the court shall transmit

to the state commissioner of health, or for a person born in New York

city, to the commissioner of health of the city of New York, on a form

prescribed by the commissioner, a written notification of such entry

together with such other facts as may assist in identifying the birth

record of the person whose parentage was in issue and, if such person

whose parentage has been determined is under eighteen years of age, the

clerk shall also transmit forthwith to the registry operated by the

department of social services pursuant to section three hundred

seventy-two-c of the social services law a notification of such

determination; and

(iii) Pursuant to section forty-one hundred thirty-eight of the public

health law and NYC Public Health Code section 207.05 that upon receipt

of a judgment of parentage the local registrar where a child is born

will report the parentage of the child to the appropriate department of

health in conformity with the court order. If an original birth

certificate has already been issued, the appropriate department of

health will amend the birth certificate in an expedited manner and seal

the previously issued birth certificate except that it may be rendered

accessible to the child at eighteen years of age or the legal parent or

parents; and

* (5) if the judgment of parentage is issued prior to the birth of the

child, ordering the petitioner or petitioners, within fourteen days of

such birth, to provide the court with notification thereof, together

with such other facts as may assist in identifying the birth record of

the child whose parentage was in issue. Such notification shall be in

writing on a form to be prescribed by the chief administrator of the

courts. The court shall thereafter issue an amended judgment of

parentage that includes the child's name as it appears on the child's

birth certificate and the child's date of birth.

* NB Effective December 21, 2027