N.Y. Family Court Act § 581-404: Surrogacy agreement: effect of subsequent spousal relationship

§ 581-404. Surrogacy agreement: effect of subsequent spousal

relationship. (a) After the execution of a surrogacy agreement under

this article, the subsequent spousal relationship of the person acting

as surrogate does not affect the validity of a surrogacy agreement, the

consent of the spouse of the person acting as surrogate to the agreement

shall not be required, and the spouse of the person acting as surrogate

shall not be the presumed parent of any resulting children.

(b) The subsequent separation or divorce of the intended parents does

not affect the rights, duties and responsibilities of the intended

parents as outlined in the surrogacy agreement. After the execution of a

surrogacy agreement under this article, the subsequent spousal

relationship of the intended parent does not affect the validity of a

surrogacy agreement, and the consent of the new spouse of an intended

parent to the agreement shall not be required.