Section 121 – Definitions

May 14, 2021 | Family Law, New York

When used in this article, unless the context or subject matter manifestly requires a different interpretation:

1. “Genetic surrogate” shall mean a person who gives birth to a child who is the person’s genetic child pursuant to a genetic surrogate parenting agreement.
2.

“Genetic surrogate parenting agreement” shall mean any agreement, oral or written, in which:

(a) a genetic surrogate agrees either to be inseminated with the sperm of a person who is not their spouse or to be impregnated with an embryo that is the product of the genetic surrogate’s ovum fertilized with the sperm of a person who is not their spouse; and
(b) the genetic surrogate agrees to, or intends to, surrender or consent to the adoption of the child born as a result of such insemination or impregnation.

N.Y. Dom. Rel. Law ยง 121

Amended by New York Laws 2020, ch. 56,Sec. L-3, eff. 2/15/2021.