N.Y. Public Health Law § 2599-cc: Gestational surrogacy

§ 2599-cc. Gestational surrogacy. 1. The commissioner shall promulgate

regulations on the practice of gestational surrogacy. Such regulations

shall include, but not be limited to:

(a) guidelines and procedures for obtaining fully informed consent

from potential persons acting as surrogates, including but not limited

to a full disclosure of any known or potential health risks and mental

health impacts associated with acting as a surrogate;

(b) the development and distribution, in printed form and on the

department's website, of informational material relating to gestational

surrogacy;

(c) the establishment of a voluntary central tracking registry of

persons acting as surrogates, as reported by surrogacy programs licensed

by the department pursuant to article forty-four of the general business

law upon the affirmative consent of a person acting as surrogate. Such

registry shall provide a means for gathering and maintaining accurate

information on the:

(i) number of times a person has acted as a surrogate;

(ii) health information of the person acting as surrogate; and

(iii) other information deemed appropriate by the commissioner;

(d) the development of guidelines, procedures or protocols, in

consultation with the American college of obstetricians and

gynecologists and the American society for reproductive medicine, to

assist physicians in screening potential surrogates for their ability to

serve as a surrogate as required under subdivision four of section

581-402 of the family court act including taking into consideration the

potential surrogates family medical history and complications from prior

pregnancies and known health conditions that may pose a risk to the

potential surrogate during pregnancy; and

(e) the development of guidance to reduce conflicts of interest among

physicians providing health care services to the surrogate.

2. All such regulations shall maintain the anonymity of the person

acting as surrogate and any resulting offspring and govern access to

information maintained by the registry. Such registry shall comply with

all state and federal laws and regulations related to maintaining the

privacy and confidentiality of records contained with the registry.