2020 New York Laws
GBS - General Business
Article 44 - Regulation of Surrogacy Programs and Assisted Reproduction Service Providers
1403 - Conflicts of Interest; Prohibition on Payments; Funds in Escrow; Licensure; Notice of Surrogates' Bill of Rights.

* § 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 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,  once  such  regulations   are
promulgated and become effective; 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.
  * NB Effective February 15, 2021