2006 New York Code - Proceedings Regarding Parental Rights, Status Or Obligations

    §  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.

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