N.Y. General Business Law Section 1403
Conflicts of interest

  • prohibition on payments
  • funds in escrow
  • licensure
  • notice of surrogates’ bill of rights
A surrogacy program to which this article applies:

(a)

Shall keep all funds paid by or on behalf of the intended parent or parents other than funds paid to the surrogacy program for its fees, in an escrow account separate from its operating accounts; and

(b)

May not be owned or managed, in any part, directly or indirectly, by any attorney representing a party to the surrogacy agreement; and

(c)

May not pay or receive payment, directly or indirectly, to or from any person licensed to practice law and representing a party to the surrogacy agreement in connection with the referral of any person or party for the purpose of a surrogacy agreement; and

(d)

May not pay or receive payment, directly or indirectly, to or from any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement; and

(e)

May not be owned or managed, in any part, directly or indirectly, by any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement; and

(f)

Shall be licensed to operate in New York state pursuant to regulations promulgated by the department of health in consultation with the department of financial services; and

(g)

Shall ensure that all potential parties to a surrogacy agreement, at the time of consultation with such surrogacy program, are provided with written notice of the surrogates’ bill of rights enumerated in part six of article five-C of the family court act.

Source: Section 1403 — Conflicts of interest; prohibition on payments; funds in escrow; licensure; notice of surrogates' bill of rights, https://www.­nysenate.­gov/legislation/laws/GBS/1403 (updated Dec. 27, 2024; accessed Jan. 18, 2025).

Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Dec. 27, 2024

§ 1403’s source at nysenate​.gov

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