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New York Domestic Relations - Article 8 - § 123 Prohibitions and Penalties

Legal Research Home > New York Laws > New York Domestic Relations (DOM) > New York Domestic Relations - Article 8 - § 123 Prohibitions and Penalties

 
    §  123. Prohibitions and penalties. 1. No person or other entity shall
  knowingly request, accept, receive, pay or give any fee, compensation or
  other remuneration, directly  or  indirectly,  in  connection  with  any
  surrogate  parenting contract, or induce, arrange or otherwise assist in
  arranging a surrogate parenting contract  for  a  fee,  compensation  or
  other remuneration, except for:
    (a)  payments  in connection with the adoption of a child permitted by
  subdivision six of section three  hundred  seventy-four  of  the  social
  services  law and disclosed pursuant to subdivision eight of section one
  hundred fifteen of this chapter; or
    (b) payments for reasonable  and  actual  medical  fees  and  hospital
  expenses  for artificial insemination or in vitro fertilization services
  incurred by the mother in connection with the birth of the child.
    2. (a) A birth mother or her husband, a genetic father and  his  wife,
  and,  if  the genetic mother is not the birth mother, the genetic mother
  and her husband who violate this section shall be  subject  to  a  civil
  penalty not to exceed five hundred dollars.
    (b)  Any  other  person  or  entity  who or which induces, arranges or
  otherwise assists in the formation of a surrogate parenting contract for
  a fee, compensation or other remuneration  or  otherwise  violates  this
  section  shall  be subject to a civil penalty not to exceed ten thousand
  dollars and forfeiture to the state of any  such  fee,  compensation  or
  remuneration  in  accordance  with  the provisions of subdivision (a) of
  section seven thousand two hundred one of the  civil  practice  law  and
  rules,  for  the  first such offense.  Any person or entity who or which
  induces, arranges or otherwise assists in the formation of  a  surrogate
  parenting  contract  for  a  fee,  compensation or other remuneration or
  otherwise violates this section, after having been  once  subject  to  a
  civil penalty for violating this section, shall be guilty of a felony.

Last modified: February 15, 2012