N.Y. General Business Law § 1403: Conflicts of interest; prohibition on payments; funds in escrow; licensure; notice of surrogates' bill of rights

§ 1403. Conflicts of interest; prohibition on payments; funds in

escrow; licensure; notice of surrogates' bill of rights. A surrogacy

program to which this article applies:

(a) Shall keep all funds paid by or on behalf of the intended parent

or parents other than funds paid to the surrogacy program for its fees,

in an escrow account separate from its operating accounts; and

(b) May not be owned or managed, in any part, directly or indirectly,

by any attorney representing a party to the surrogacy agreement; and

(c) May not pay or receive payment, directly or indirectly, to or from

any person licensed to practice law and representing a party to the

surrogacy agreement in connection with the referral of any person or

party for the purpose of a surrogacy agreement; and

(d) May not pay or receive payment, directly or indirectly, to or from

any health care provider providing any health services, including

assisted reproduction, to a party to the surrogacy agreement; and

(e) May not be owned or managed, in any part, directly or indirectly,

by any health care provider providing any health services, including

assisted reproduction, to a party to the surrogacy agreement; and

(f) Shall be licensed to operate in New York state pursuant to

regulations promulgated by the department of health in consultation with

the department of financial services; and

(g) Shall ensure that all potential parties to a surrogacy agreement,

at the time of consultation with such surrogacy program, are provided

with written notice of the surrogates' bill of rights enumerated in part

six of article five-C of the family court act.