N.Y. Family Court Act § 581-304: Consent to assisted reproduction

§ 581-304. Consent to assisted reproduction. (a) Where the intended

parent who gives birth to a child by means of assisted reproduction is a

spouse, the consent of both spouses to the assisted reproduction is

presumed and neither spouse may challenge the parentage of the child,

except as provided in section 581-305 of this part.

(b) Where the intended parent who gives birth to a child by means of

assisted reproduction is not a spouse, the consent to the assisted

reproduction must be in a record in such a manner as to indicate the

mutual agreement of the intended parents to conceive and parent a child

together.

(c) The absence of a record described in subdivision (b) of this

section shall not preclude a finding that such consent existed if the

court finds by clear and convincing evidence that at the time of the

assisted reproduction the intended parents agreed to conceive and parent

the child together.