New York State Sperm Donor, Surrogacy and Adoption Laws

New York State Sperm Donor, Surrogacy and Adoption Laws Hot

Written by Guest     December 02, 2013    
 
0.0
 
0.0 (0)
906   0   0   0   0
Write Review

Public domain, Wikimeida CommonsNew York State laws regarding same-sex mariage, sperm donation, surrogacy and adoption 

Sperm Donor Laws and Parental Rights
New York State sperm donor law only covers sperm donation to a married woman. If a married woman has a child by artificial insemination, she and her husband are considered the parents, as long as the husband and wife both consent to this and a physician performs the insemination.

New York State Consolidated Laws - Domestic Relations
§ 73. Legitimacy of children born by artificial insemination. 
1. Any child born to a married woman by means of artificial insemination performed by persons duly authorized to practice medicine and with the consent in writing of the woman and her husband, shall be deemed the legitimate, birth child of the husband and his wife for all purposes.
2. The aforesaid written consent shall be executed and acknowledged by both the husband and wife and the physician who performs the technique shall certify that he had rendered the service.

Note that while the law refers to "husband and wife," same sex marriage has been legal in New York State since 2011.
Artificial insemination cases involving donation to unmarried women are considered on a case by case basis. In some previous cases, the courts have found that a known donor can retain parental rights, even if he previously signed a document giving up those rights (Human Rights Campaign, New York Donor Insemination Laws).


Surrogate Parenting

New York State does not recognize surrogate parenting contracts. The birth mother does not automatically give up her parental rights, regardless of what the contract says. Disputes about parental rights are considered on a case by case basis.

 New York State Consolidated Laws - Domestic Relations
§ 122. Public policy. Surrogate parenting contracts are hereby  declared contrary to the public policy of this state, and are void and unenforceable
§ 124. Proceedings regarding parental rights, status or obligations. 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:
  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.

It is against the law - and you will be subject to a fine - if you pay for surrogacy, unless you are paying for artificial insemination, IVF, any medical expenses or any adoption fees. You will be breaking the law, and charged a fine, if you pay someone to create a surrogate parenting contract. Arranging a surrogacy contract for a fee is a felony offense.

New York State Consolidated Laws - Domestic Relations
§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 surrogate parenting contract, or induce, arrange or otherwise assist in arranging a surrogate parenting contract for a fee, compensation or other remuneration, except for:
(a) payments in connection with the adoption of a child permitted by subdivision six of section three hundred seventy-four 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 mother in connection with the birth of the child.
  2. (a) A birth mother or her husband, a genetic father and his wife, and, if the genetic mother is not the birth mother, the genetic mother and her husband 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 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 section seven thousand two hundred one 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 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.

Adoption Law

New York State allows joint adoption and second parent adoption for same sex couples.

User reviews

There are no user reviews for this listing.

To write a review please register or
 
Powered by JReviews

Most Reviewed

Support KDR

Please consider supporting our mission

Find us on