N.Y. Family Court Act § 581-502: Compensation

§ 581-502. Compensation. (a) Compensation may be paid to a donor or

person acting as surrogate based on medical risks, physical discomfort,

inconvenience and the responsibilities they are undertaking in

connection with their participation in the assisted reproduction. Under

no circumstances may compensation be paid to purchase gametes or embryos

or for the release of a parental interest in a child.

(b) The compensation, if any, paid to a donor or person acting as

surrogate must be reasonable and negotiated in good faith between the

parties. Base compensation paid to a person acting as surrogate shall

not exceed the duration of the pregnancy and recuperative period of

eight weeks after the birth of any resulting child. Supplemental

compensation for any medical procedure associated with complications

from the pregnancy or delivery as confirmed by a health care

practitioner, and any associated lost wages, may be, but are not

required to be, paid after the recuperative period and until twelve

months after the birth of the child, a stillbirth, a miscarriage

resulting in termination of the pregnancy, or termination of the

pregnancy.

(c) Compensation may not be conditioned upon the purported quality or

genome-related traits of the gametes or embryos.

(d) Compensation may not be conditioned on actual genotypic or

phenotypic characteristics of the donor or donors or of any resulting

children.

(e) Compensation to any embryo donor shall be limited to storage fees,

transportation costs and attorneys' fees.