*In any action or proceeding involving a dispute between the birth mother and (i) the genetic father, (ii) the genetic mother, (iii) both the genetic father and genetic mother, or (iv) the parent or parents of the genetic father or genetic mother, regarding parental rights, status or obligations with respect to a child born pursuant to a surrogate parenting contract:

Terms Used In N.Y. Domestic Relations Law 124

  • Birth mother: shall mean a woman who gives birth to a child pursuant to a surrogate parenting contract. See N.Y. Domestic Relations Law 121
  • Contract: A legal written agreement that becomes binding when signed.
  • Genetic father: shall mean a man who provides sperm for the birth of a child born pursuant to a surrogate parenting contract. See N.Y. Domestic Relations Law 121
  • Genetic mother: shall mean a woman who provides an ovum for the birth of a child born pursuant to a surrogate parenting contract. See N.Y. Domestic Relations Law 121
  • 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
  • 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. 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. the court shall not consider the birth mother’s participation in a surrogate parenting contract as adverse to her parental rights, status, or obligations; and

2. the court, having regard to the circumstances of the case and of the respective parties including the parties’ relative ability to pay such fees and expenses, in its discretion and in the interests of justice, may award to either party reasonable and actual counsel fees and legal expenses incurred in connection with such action or proceeding. Such award may be made in the order or judgment by which the particular action or proceeding is finally determined, or by one or more orders from time to time before the final order or judgment, or by both such order or orders and the final order or judgment; provided, however, that in any dispute involving a birth mother who has executed a valid surrender or consent to the adoption, nothing in this section shall empower a court to make any award that it would not otherwise be empowered to direct.

* NB Effective until February 15, 2021

* § 124. Proceedings regarding parental rights, status or obligations. In any action or proceeding involving a purported genetic surrogacy parenting agreement, the parentage of the child will be determined based on the laws of New York state and:

1. the court shall not consider the genetic surrogate‘s participation in a genetic surrogate parenting agreement as adverse to their parental rights, status, or obligations; and

2. the court, having regard to the circumstances of the case and of the respective parties including the parties’ relative ability to pay such fees and expenses, in its discretion and in the interests of justice, may award to either party reasonable and actual counsel fees and legal expenses incurred in connection with such action or proceeding. Such award may be made in the order or judgment by which the particular action or proceeding is finally determined, or by one or more orders from time to time before the final order or judgment, or by both such order or orders and the final order or judgment; provided, however, that in any dispute involving a genetic surrogate who has executed a valid surrender or consent to the adoption, nothing in this section shall empower a court to make any award that it would not otherwise be empowered to direct.

* NB Effective February 15, 2021