*When used in this article, unless the context or subject matter manifestly requires a different interpretation:

Terms Used In N.Y. Domestic Relations Law 121

  • Contract: A legal written agreement that becomes binding when signed.
  • Genetic surrogate: shall mean a person who gives birth to a child who is the person's genetic child pursuant to a genetic surrogate parenting agreement. See N.Y. Domestic Relations Law 121
  • Surrogate parenting contract: shall mean any agreement, oral or written, in which:

    (a) a woman agrees either to be inseminated with the sperm of a man who is not her husband or to be impregnated with an embryo that is the product of an ovum fertilized with the sperm of a man who is not her husband; and

    (b) the woman agrees to, or intends to, surrender or consent to the adoption of the child born as a result of such insemination or impregnation. See N.Y. Domestic Relations Law 121

1. “Birth mother” shall mean a woman who gives birth to a child pursuant to a surrogate parenting contract.

2. “Genetic father” shall mean a man who provides sperm for the birth of a child born pursuant to a surrogate parenting contract.

3. “Genetic mother” shall mean a woman who provides an ovum for the birth of a child born pursuant to a surrogate parenting contract.

4. “Surrogate parenting contract” shall mean any agreement, oral or written, in which:

(a) a woman agrees either to be inseminated with the sperm of a man who is not her husband or to be impregnated with an embryo that is the product of an ovum fertilized with the sperm of a man who is not her husband; and

(b) the woman agrees to, or intends to, surrender or consent to the adoption of the child born as a result of such insemination or impregnation.

* NB Effective until February 15, 2021

* § 121. Definitions. When used in this article, unless the context or subject matter manifestly requires a different interpretation:

1. “Genetic surrogate” shall mean a person who gives birth to a child who is the person’s genetic child pursuant to a genetic surrogate parenting agreement.

2. “Genetic surrogate parenting agreement” shall mean any agreement, oral or written, in which:

(a) a genetic surrogate agrees either to be inseminated with the sperm of a person who is not their spouse or to be impregnated with an embryo that is the product of the genetic surrogate’s ovum fertilized with the sperm of a person who is not their spouse; and

(b) the genetic surrogate agrees to, or intends to, surrender or consent to the adoption of the child born as a result of such insemination or impregnation.

* NB Effective February 15, 2021