New York Proceedings Regarding Parental Rights, Status Or Obligations
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§ 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.