N.Y. Family Court Act § 581-203: Proceeding for judgment of parentage of a child conceived pursuant to a surrogacy agreement

§ 581-203. Proceeding for judgment of parentage of a child conceived

pursuant to a surrogacy agreement. (a) The proceeding may be commenced

(1) in any county where an intended parent resided any time after the

surrogacy agreement was executed; or (2) in the county where the child

was born or resides or in the county where the birth is intended to

occur; or (3) in the county where the surrogate resided any time after

the surrogacy agreement was executed.

(b) The proceeding may be commenced at any time after pregnancy is

achieved and the person acting as surrogate, the spouse of the person

acting as surrogate, if any, donors for whom there is not proof of

donative intent as set forth in subdivision (d) of section 581-202 of

this part, and all intended parents are necessary parties. The service

provisions of subdivision (e) of section 581-202 of this part shall be

applicable to donors entitled to notice pursuant to this provision.

(c) The petition for a judgment of parentage must be verified and

include the following:

(1) a statement that the person acting as surrogate or at least one

intended parent has been a resident of the state for at least six months

at the time the surrogacy agreement was executed; and

(2) a certification from the attorney representing the intended parent

or parents and the attorney representing the person acting as surrogate

and the spouse of the person acting as surrogate, if applicable, that

each of the requirements of part four of this article have been met; and

(3) a statement from all parties to the surrogacy agreement that they

knowingly and voluntarily entered into the surrogacy agreement and that

the parties are jointly requesting the judgment of parentage; and

(4) a copy of the executed surrogacy agreement.

(d) Where the court finds the statements required by subdivision (c)

of this section to be true, the court shall issue a judgment of

parentage, without additional proceedings or documentation:

(1) declaring, that upon the birth of the child born during the term

of the surrogacy agreement, the intended parent or parents are the only

legal parent or parents of the child;

(2) declaring, that upon the birth of the child born during the term

of the surrogacy agreement, the person acting as surrogate, and the

spouse of the person acting as surrogate, if applicable, is not a legal

parent of the child;

(3) declaring that upon the birth of the child born during the term of

the surrogacy agreement, any donor, if applicable, is not a parent of

the child;

(4) ordering the person acting as surrogate and the spouse of the

person acting as surrogate, if any, to transfer the child to the

intended parent or parents if this has not already occurred;

(5) 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

(6) 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 the person whose parentage has been

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

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 the 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 the person

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

clerk shall also transmit 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 the 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 judgement 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

* (7) 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

(e) In the event the certification required by paragraph two of

subdivision (c) of this section cannot be made because of a technical or

non-material deviation from the requirements of this article; the court

may nevertheless enforce the agreement and issue a judgment of parentage

if the court determines the agreement is in substantial compliance with

the requirements of this article. In the event that any other

requirements of subdivision (c) of this section are not met, the court

shall determine parentage according to part four of this article.