N.Y. Family Court Act § 581-405: Termination of surrogacy agreement

§ 581-405. Termination of surrogacy agreement. After the execution of

a surrogacy agreement but before the person acting as surrogate becomes

pregnant by means of assisted reproduction, the person acting as

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

or any intended parent may terminate the surrogacy agreement by giving

notice of termination in a record to all other parties. Upon proper

termination of the surrogacy agreement the parties are released from all

obligations recited in the surrogacy agreement except that the intended

parent or parents remain responsible for all expenses that are

reimbursable under the agreement which have been incurred by the person

acting as surrogate through the date of termination. If the intended

parent or parents terminate the surrogacy agreement pursuant to this

section after the person acting as surrogate has taken any medication or

commenced treatment to further embryo transfer, such intended parent or

parents shall be responsible for paying for or reimbursing the person

acting as surrogate for all co-payments, deductibles, any other

out-of-pocket medical costs, and any other economic losses incurred

within twelve months of the termination of the agreement and associated

with taking such medication or undertaking such treatment. Unless the

agreement provides otherwise, the person acting as surrogate is entitled

to keep all payments received and obtain all payments to which the

person is entitled up until the date of termination of the agreement.

Neither a person acting as surrogate nor the spouse of the person acting

as surrogate, if any, is liable to the intended parent or parents for

terminating a surrogacy agreement as provided in this section.