N.Y. Domestic Relations Law 123 – Prohibitions and penalties
§ 123. Prohibitions and penalties. 1. No person or other entity shall knowingly request, accept, receive, pay or give any fee, compensation or other remuneration, directly or indirectly, in connection with any genetic surrogate parenting agreement, or induce, arrange or otherwise assist in arranging a genetic surrogate parenting agreement for a fee, compensation or other remuneration, except for:
Terms Used In N.Y. Domestic Relations Law 123
- 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
- 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
(a) payments in connection with the adoption of a child permitted by subdivision six of § 374 of the social services law and disclosed pursuant to subdivision eight of section one hundred fifteen of this chapter; or
(b) payments for reasonable and actual medical fees and hospital expenses for artificial insemination or in vitro fertilization services incurred by the genetic surrogate in connection with the birth of the child.
2. (a) Any party to a genetic surrogate parenting agreement or the spouse of any part to a genetic surrogate parenting agreement who violate this section shall be subject to a civil penalty not to exceed five hundred dollars.
(b) Any other person or entity who or which induces, arranges or otherwise assists in the formation of a genetic surrogate parenting contract for a fee, compensation or other remuneration or otherwise violates this section shall be subject to a civil penalty not to exceed ten thousand dollars and forfeiture to the state of any such fee, compensation or remuneration in accordance with the provisions of subdivision (a) of § 7201 of the civil practice law and rules, for the first such offense. Any person or entity who or which induces, arranges or otherwise assists in the formation of a genetic surrogate parenting contract for a fee, compensation or other remuneration or otherwise violates this section, after having been once subject to a civil penalty for violating this section, shall be guilty of a felony.