Title FCT, Family Court

§ 580-701. Definitions. In this part:\n 1. "Application" means a request under the Convention by an obligee or\nobligor, or on behalf of a child, made through a central authority for\nassistance from another central authority.\n 2. "Central authority" means the entity designated…

§ 580-702. Applicability. This part applies only to a support\nproceeding under the Convention. In such a proceeding, if a provision of\nthis part is inconsistent with parts one through six of this article,\nthis part controls.\n

§ 580-703. Relationship of office of temporary and disability\nassistance to United States central authority. The office of temporary\nand disability assistance is recognized as the agency designated by the\nUnited States central authority to perform specific functions under the…

§ 580-704. Initiation by state support enforcement agencies of support\nproceeding under Convention. (a) In a support proceeding under this\npart, the support enforcement agencies of this state shall:\n (1) transmit and receive applications; and\n (2) initiate or facilitate the …

§ 580-705. Direct request. (a) A petitioner may file a direct request\nseeking establishment or modification of a support order or\ndetermination of parentage of a child. In the proceeding, the law of\nthis state applies.\n (b) A petitioner may file a direct request seeking reco…

§ 580-706. Registration of Convention support order. (a) Except as\notherwise provided in this part, a party who is an individual or a\nsupport enforcement agency seeking recognition of a Convention support\norder shall register the order in this state as provided in part six of…

§ 580-707. Contest of registered Convention support order. (a) Except\nas otherwise provided in this part, sections 580-605 through 580-608 of\nthis article apply to a contest of a registered Convention support\norder.\n (b) A party contesting a registered Convention support ord…

§ 580-708. Recognition and enforcement of registered Convention\nsupport order. (a) Except as otherwise provided in subdivision (b) of\nthis section, a tribunal of this state shall recognize and enforce a\nregistered Convention support order.\n (b) The following grounds are the …

§ 580-709. Partial enforcement. If a tribunal of this state does not\nrecognize and enforce a Convention support order in its entirety, it\nshall enforce any severable part of the order. An application or direct\nrequest may seek recognition and partial enforcement of a Conventi…

§ 580-710. Foreign support agreement. (a) Except as otherwise provided\nin subdivisions (c) and (d) of this section, a tribunal of this state\nshall recognize and enforce a foreign support agreement registered in\nthis state.\n (b) An application or direct request for recognitio…

§ 580-711. Modification of Convention child support order. (a) A\ntribunal of this state may not modify a Convention child support order\nif the obligee remains a resident of the foreign country where the\nsupport order was issued unless:\n (1) the obligee submits to the jurisdi…

§ 580-712. Personal information; limit on use. Personal information\ngathered or transmitted under this part may be used only for the\npurposes for which it was gathered or transmitted.\n

§ 580-713. Record in original language; English translation. A record\nfiled with a tribunal of this state under this part must be in the\noriginal language and, if not in English, must be accompanied by an\nEnglish translation.\n

§ 580-801. Grounds for rendition. (a) For purposes of this part,\n"governor" includes an individual performing the functions of governor\nor the executive authority of a state covered by this article.\n (b) The governor of this state may:\n (1) demand that the governor of anothe…

§ 580-802. Conditions of rendition. (a) Before making a demand that\nthe governor of another state surrender an individual charged criminally\nin this state with having failed to provide for the support of an\nobligee, the governor of this state may require a prosecutor of this\…

§ 580-901. Uniformity of application and construction. In applying and\nconstruing this uniform act, consideration must be given to the need to\npromote uniformity of the law with respect to its subject matter among\nstates that enact it.\n

§ 580-902. Severability. If any provision of this article or its\napplication to any person or circumstance is held invalid, the\ninvalidity does not affect other provisions or applications of this\narticle which can be given effect without the invalid provision or\napplication,…

§ 580-903. Effective date. This article shall take effect on January\nfirst, two thousand sixteen; provided, however, that if it shall become\na law after January first, two thousand sixteen, it shall be deemed to\nhave been in full force and effect on and after January first, t…

§ 581-101. Purpose. The purpose of this article is to legally\nestablish a child's relationship to his or her parents where the child\nis conceived through assisted reproduction except for children born to a\nperson acting as surrogate who contributed the egg used in conception.…

§ 581-102. Definitions. (a) "Assisted reproduction" means a method of\ncausing pregnancy other than sexual intercourse and includes but is not\nlimited to:\n 1. intrauterine or vaginal insemination;\n 2. donation of gametes;\n 3. donation of embryos;\n 4. in vitro fertilization …

§ 581-201. Judgment of parentage. (a) A civil proceeding may be\nmaintained to adjudicate the parentage of a child under the\ncircumstances set forth in this article. This proceeding is governed by\nthe civil practice law and rules.\n (b) A judgment of parentage may be issued pr…

§ 581-202. Proceeding for judgment of parentage of a child conceived\nthrough assisted reproduction. (a) A proceeding for a judgment of\nparentage with respect to a child conceived through assisted\nreproduction may be commenced:\n (1) if an intended parent or child resides in N…

§ 581-203. Proceeding for judgment of parentage of a child conceived\npursuant to a surrogacy agreement. (a) The proceeding may be commenced\n(1) in any county where an intended parent resided any time after the\nsurrogacy agreement was executed; or (2) in the county where the c…

§ 581-204. Judgment of parentage for intended parents who are spouses.\nNotwithstanding or without limitation on presumptions of parentage that\napply, a judgment of parentage may be obtained under this part by\nintended parents who are each other's spouse. Nothing in this secti…

§ 581-205. Inspection of records. Court records relating to\nproceedings under this article shall be sealed, provided, however, that\nthe office of temporary and disability assistance, a child support unit\nof a social services district or a child support agency of another state…

§ 581-206. Jurisdiction, and exclusive continuing jurisdiction. (a)\nProceedings pursuant to this article may be instituted in New York state\nsupreme court, family court or surrogates court.\n (b) The court conducting a proceeding under this article shall have\nexclusive, conti…

§ 581-207. Certified copy of judgment of parentage. Upon issuing a\njudgment of parentage pursuant to section 581-202 or 581-203 of this\npart, the issuing court shall provide a certified copy of such judgment\nto the intended parent or parents.\n

§ 581-301. Scope of article. This article does not apply to the birth\nof a child conceived by means of sexual intercourse.\n

§ 581-302. Status of donor. A donor is not a parent of a child\nconceived by means of assisted reproduction where there is proof of\ndonative intent under subdivision (d) of section 581-202 of this\narticle.\n

§ 581-303. Parentage of child of assisted reproduction. (a) An\nindividual who provides gametes for, or who consents to, assisted\nreproduction with the intent to be a parent of the child with the\nconsent of the gestating parent as provided in section 581-304 of this\npart, is …

§ 581-304. Consent to assisted reproduction. (a) Where the intended\nparent who gives birth to a child by means of assisted reproduction is a\nspouse, the consent of both spouses to the assisted reproduction is\npresumed and neither spouse may challenge the parentage of the chil…

§ 581-305. Limitation on spouses' dispute of parentage of child of\nassisted reproduction. (a) Neither spouse may challenge the marital\npresumption of parentage of a child created by assisted reproduction\nduring the marriage unless the court finds by clear and convincing\nevid…

§ 581-306. Effect of embryo disposition agreement between intended\nparents which transfers legal rights and dispositional control to one\nintended parent. (a) An embryo disposition agreement between intended\nparents with joint dispositional control of an embryo shall be bindin…

§ 581-307. Effect of death of intended parent. If an individual who\nconsented in a record to be a parent by assisted reproduction dies\nbefore the transfer of eggs, sperm, or embryos, the deceased individual\nis not a parent of the resulting child unless the deceased individual…

§ 581-401. Surrogacy agreement authorized. (a) If eligible under this\narticle to enter into a surrogacy agreement, a person acting as\nsurrogate, the spouse of the person acting as surrogate, if applicable,\nand the intended parent or parents may enter into a surrogacy agreemen…

§ 581-402. Eligibility to enter surrogacy agreement. (a) A person\nacting as surrogate shall be eligible to enter into an enforceable\nsurrogacy agreement under this article if the person acting as surrogate\nhas met the following requirements at the time the surrogacy agreement…

§ 581-403. Requirements of surrogacy agreement. A surrogacy agreement\nshall be deemed to have satisfied the requirements of this article and\nbe enforceable if it meets the following requirements:\n (a) it shall be in a record with each signature either notarized or\nwitnessed …

§ 581-404. Surrogacy agreement: effect of subsequent spousal\nrelationship. (a) After the execution of a surrogacy agreement under\nthis article, the subsequent spousal relationship of the person acting\nas surrogate does not affect the validity of a surrogacy agreement, the\nco…

§ 581-405. Termination of surrogacy agreement. After the execution of\na surrogacy agreement but before the person acting as surrogate becomes\npregnant by means of assisted reproduction, the person acting as\nsurrogate, the spouse of the person acting as surrogate, if applicabl…

§ 581-406. Parentage under compliant surrogacy agreement. Upon the\nbirth of a child conceived by assisted reproduction under a surrogacy\nagreement that complies with this part, each intended parent is, by\noperation of law, a parent of the child and neither the person acting a…

§ 581-407. Insufficient surrogacy agreement. If a surrogacy agreement\ndoes not meet the material requirements of this article, the agreement\nis not enforceable and the court shall determine parentage based on the\nintent of the parties, taking into account the best interests o…

§ 581-408. Absence of surrogacy agreement. Where there is no surrogacy\nagreement, the parentage of the child will be determined based on other\nlaws of this state.\n

§ 581-409. Dispute as to surrogacy agreement. (a) Any dispute which is\nrelated to a surrogacy agreement other than disputes as to parentage,\nwhich are not resolved through alternative dispute resolution methods,\nshall be resolved by the supreme court, which shall determine th…

§ 581-501. Reimbursement. A donor who has entered into a valid\nagreement to be a donor may receive reimbursement from an intended\nparent or parents for economic losses incurred in connection with the\ndonation which result from the retrieval or storage of gametes or\nembryos.\…

§ 581-502. Compensation. (a) Compensation may be paid to a donor or\nperson acting as surrogate based on medical risks, physical discomfort,\ninconvenience and the responsibilities they are undertaking in\nconnection with their participation in the assisted reproduction. Under\n…

§ 581-601. Applicability. The rights enumerated in this part shall\napply to any person acting as surrogate under the laws of the state of\nNew York, notwithstanding any surrogacy agreement, judgment of\nparentage, memorandum of understanding, verbal agreement or contract to\nth…

§ 581-602. Health and welfare decisions. A person acting as surrogate\nhas the right to make all health and welfare decisions regarding\nthem-self and their pregnancy, including but not limited to whether to\nconsent to a cesarean section or multiple embryo transfer, to utilize\…

§ 581-603. Independent legal counsel. A person acting as surrogate,\nand the spouse of the person acting as surrogate, if applicable, has the\nright to be represented from the initiation of the contractual process\nand throughout the duration of the surrogacy agreement by indepe…

§ 581-604. Health insurance and medical costs. A person acting as\nsurrogate has the right to have a comprehensive health insurance policy\nthat covers preconception care, prenatal care, major medical treatments,\nhospitalization and behavioral care for a term that extends throu…

§ 581-605. Counseling. A person acting as surrogate has the right to\nobtain a comprehensive health insurance policy that covers behavioral\nhealth care and will cover the cost of psychological counseling to\naddress issues resulting from their participation in a surrogacy and\n…