N.Y. Family Court Act § 581-407: Insufficient surrogacy agreement

§ 581-407. Insufficient surrogacy agreement. If a surrogacy agreement

does not meet the material requirements of this article, the agreement

is not enforceable and the court shall determine parentage based on the

intent of the parties, taking into account the best interests of the

child. An intended parent's absence of genetic connection to the child

is not a sufficient basis to deny that individual a judgment of legal

parentage.