Part 1 General Provisions.
Part 2 Judgment of Parentage
Part 3 Child of Assisted Reproduction
Part 4 Surrogacy Agreement
Part 5 Payment to Donors and Persons Acting as Surrogates
Part 6 Surrogates’ Bill of Rights
Part 7 Miscellaneous Provisions

Terms Used In New York Laws > Family Court > Article 5-C - Judgment of Parentage of Children Conceived Through Assisted Reproduction or Pursuant to Surrogacy Agreements.

  • Active service: shall mean (i) service while being paid on the payroll; (ii) a leave of absence with pay; (iii) other approved leave without pay; and (iv) any period of time between school terms and any time between September first, two thousand and October first, two thousand for a teacher or other employee employed on a school-year basis. See N.Y. Retirement and Social Security Law 900
  • Active service: shall mean (1) service while being paid on the payroll; (2) a leave of absence with pay; (3) other approved leave without pay; (4) any period of time between school terms for a teacher or other employee employed on a school-year basis; and (5) periods of time between regularly scheduled periods of paid service in the city university of New York. See N.Y. Retirement and Social Security Law 910
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes but is not limited to:

    1. See N.Y. Family Court Law 581-102

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Cessation date: shall mean the beginning date of an eligible employee's first payroll period commencing on or after October first, two thousand, or the effective date as of which such employee becomes eligible for the benefits contained in subdivision b of section nine hundred two of this article, or the date on which the eligible employee attains ten years of membership or, if earlier, ten years of credited service, whichever is latest. See N.Y. Retirement and Social Security Law 900
  • Cessation date: shall mean the later of (1) October first, two thousand or (2) the date on which the eligible member attains ten years of membership or, if earlier, ten years of credited service. See N.Y. Retirement and Social Security Law 910
  • Child: means a born individual of any age whose parentage may be determined under this act or other law. See N.Y. Family Court Law 581-102
  • city of New York: shall include : (a) every employer other than a state employer which participates in the New York city employees' retirement system, New York city teachers' retirement system, New York city police pension fund, New York city fire department pension fund or the New York city board of education retirement system, and (b) a city of New York funded college of the state university of New York located within such city, the city of New York libraries subject to section thirty-two of this chapter, and the civilian and uniformed employees described in subdivision sixteen of section twelve hundred four of the public authorities law; and (ii) a "state employer" shall mean the unified court system, the senior colleges of the city university of New York and a public benefit corporation, public corporation or subsidiary corporation a majority of the members of which are appointed by the governor, designated by virtue of their state office or appointed or designated by any combination of the foregoing. See N.Y. Retirement and Social Security Law 800
  • Compensation: means payment of any valuable consideration in excess of reasonable medical and ancillary costs. See N.Y. Family Court Law 581-102
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: means an individual who does not intend to be a parent who produces gametes and provides them to another person, other than the individual's spouse, for use in assisted reproduction. See N.Y. Family Court Law 581-102
  • Donor: The person who makes a gift.
  • Eligible member: shall mean a member of a retirement system other than a member who (1) is an employee of the New York city transit authority, and (2) is either (i) subject to the provisions of section 13-161 of the administrative code of the city of New York or (ii) a New York city transit authority member as defined in paragraph one of subdivision a of section six hundred four-b of this chapter. See N.Y. Retirement and Social Security Law 910
  • Embryo: means a cell or group of cells containing a diploid complement of chromosomes or group of such cells, not a gamete or gametes, that has the potential to develop into a live born human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur. See N.Y. Family Court Law 581-102
  • Embryo transfer: means all medical and laboratory procedures that are necessary to effectuate the transfer of an embryo into the uterine cavity. See N.Y. Family Court Law 581-102
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Gamete: means a cell containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. See N.Y. Family Court Law 581-102
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Head of the retirement system: shall mean the state comptroller, with respect to the state and local employees' retirement system and the state and local police and fire retirement system, and the retirement board of the other public retirement systems. See N.Y. Retirement and Social Security Law 800
  • Health care practitioner: means an individual licensed or certified under title eight of the education law, or a similar law of another state or country, acting within his or her scope of practice. See N.Y. Family Court Law 581-102
  • In vitro fertilization: means the formation of a human embryo outside the human body. See N.Y. Family Court Law 581-102
  • Independent escrow agent: means someone other than the parties to a surrogacy agreement and their attorneys. See N.Y. Family Court Law 581-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intended parent: is a n individual who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction or a surrogacy agreement provided he or she meets the requirements of this article. See N.Y. Family Court Law 581-102
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Municipality: shall mean the city, town or village in which a community development corporation conducts or proposes to conduct its activities. See N.Y. Private Housing Finance Law 252
  • mutual: when applied to a redevelopment company shall mean a redevelopment company which is a corporation operated exclusively for the benefit of the persons or families who are entitled to occupancy in a project of such redevelopment company by reason of ownership of shares in such redevelopment company. See N.Y. Private Housing Finance Law 102
  • Parent: as used in this article means an individual with a parent-child relationship created or recognized under this act or other law. See N.Y. Family Court Law 581-102
  • Participant: is a n individual who either: provides a gamete that is used in assisted reproduction, is an intended parent, is a person acting as surrogate, or is the spouse of an intended parent or person acting as surrogate. See N.Y. Family Court Law 581-102
  • Participating employer: shall mean an employer, other than a state employer, which participates in a retirement system. See N.Y. Retirement and Social Security Law 900
  • Person acting as surrogate: means an adult person, not an intended parent, who enters into a surrogacy agreement to bear a child who will be the legal child of the intended parent or parents so long as the person acting as surrogate has not provided the egg used to conceive the resulting child. See N.Y. Family Court Law 581-102
  • plan: shall mean agency, urban renewal area and urban renewal plan, respectively, as defined in article fifteen of the general municipal law. See N.Y. Private Housing Finance Law 252
  • Project: shall mean a non-profit capital development project invested with a public interest, including facilities incidental or appurtenant thereto and all lands, buildings and improvements acquired, owned, constructed, maintained or operated pursuant to this article, or any combination thereof. See N.Y. Private Housing Finance Law 252
  • Public retirement system: shall mean the New York state and local employees' retirement system, the New York state and local police and fire retirement system, New York state teachers' retirement system, New York city employees' retirement system, New York city teachers' retirement system, New York city police pension fund, New York city fire department pension fund and the New York city board of education retirement system. See N.Y. Retirement and Social Security Law 800
  • Record: means information inscribed in a tangible medium or stored in an electronic or other medium that is retrievable in perceivable form. See N.Y. Family Court Law 581-102
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Retirement system: shall mean the New York state and local employees' retirement system and the New York state teachers' retirement system. See N.Y. Retirement and Social Security Law 900
  • Retirement system: shall mean the New York city teachers' retirement system, the New York city board of education retirement system or the New York city employees' retirement system. See N.Y. Retirement and Social Security Law 910
  • Retrieval: means the procurement of eggs or sperm from a gamete provider. See N.Y. Family Court Law 581-102
  • Spouse: means an individual married to another, or who has a legal relationship entered into under the laws of the United States or of any state, local or foreign jurisdiction, which is substantially equivalent to a marriage, including a civil union or domestic partnership. See N.Y. Family Court Law 581-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See N.Y. Family Court Law 581-102
  • state employer: shall mean the unified court system, the senior colleges of the city university of New York and a public benefit corporation, public corporation or subsidiary corporation a majority of the members of which are appointed by the governor, designated by virtue of their state office or appointed or designated by any combination of the foregoing. See N.Y. Retirement and Social Security Law 800
  • State employer: shall mean the executive branch of the state, the senate, the assembly and joint legislative employers. See N.Y. Retirement and Social Security Law 900
  • Surrogacy agreement: is a n agreement between at least one intended parent and a person acting as surrogate intended to result in a live birth where the child will be the legal child of the intended parents. See N.Y. Family Court Law 581-102
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means the placement of an embryo or gametes into the body of a person with the intent to achieve pregnancy and live birth. See N.Y. Family Court Law 581-102