N.Y. Family Court Act § 581-306: Effect of embryo disposition agreement between intended parents which transfers legal rights and dispositional control to one intended pa...

§ 581-306. Effect of embryo disposition agreement between intended

parents which transfers legal rights and dispositional control to one

intended parent. (a) An embryo disposition agreement between intended

parents with joint dispositional control of an embryo shall be binding

under the following circumstances:

(1) it is in writing;

(2) each intended parent had the advice of independent legal counsel

prior to its execution, which may be paid for by either intended parent;

and

(3) where the intended parents are married, transfer of legal rights

and dispositional control becomes effective upon: (i) living separate

and apart pursuant to a decree or judgment of separation or pursuant to

a written agreement of separation subscribed by the parties thereto and

acknowledged or proved in the form required to entitle a deed to be

recorded; or (ii) living separate and apart at least three years; or

(iii) divorce; or (iv) death.

(b) The intended parent who transfers legal rights and dispositional

control of the embryo is not a parent of any child conceived from the

embryo unless the agreement states that he or she consents to be a

parent and that consent is not withdrawn consistent with subdivision (c)

of this section.

(c) If the intended parent transferring legal rights and dispositional

control consents to be a parent, he or she may withdraw his or her

consent to be a parent upon written notice to the embryo storage

facility and to the other intended parent prior to transfer of the

embryo. If he or she timely withdraws consent to be a parent he or she

is not a parent for any purpose including support obligations but the

embryo transfer may still proceed.

(d) An embryo disposition agreement that is not in compliance with

subdivision (a) of this section may still be found to be enforceable by

the court after balancing the respective interests of the parties except

that the intended parent who divested him or herself of legal rights and

dispositional control may not be declared to be a parent for any purpose

without his or her consent. The intended parent awarded legal rights and

dispositional control of the embryos shall, in this instance, be

declared to be the only parent of the child.