§ 581-202 — Proceeding for judgment of parentage of a child conceived through assisted reproduction

New York § 581-202

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Judgment of Parentage
• Art. 5-C: Judgments of Parentage of Children Conceived Through Assisted Reproduction or Pursuant to Surrogacy Agreements

Text

§ 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 New York state, in the\ncounty where the intended parent resides any time after pregnancy is\nachieved or in the county where the child was born or resides or in the\ncounty where the birth is intended to occur; or\n (2) if neither an intended parent nor the child reside in New York\nstate, up to ninety days after the birth of the child in the county\nwhere the child was born.\n (b) The petition for a judgment of parentage must be verified.\n (c) Where the court finds the following statements in the petition to\nbe true, the court shall adjudicate the intended parent or parents to be\nthe parent or parents of the child without the need for additional\nproceedings or documentation:\n (1) a statement that an intended parent or child has been a resident\nof the state for at least six months, or if an intended parent or child\nis not a New York state resident, that the child was born in New York\nstate within ninety days of filing; and\n (2) a statement from the gestating intended parent that the gestating\nintended parent became pregnant as a result of assisted reproduction;\nand\n (3) in cases where there is a non-gestating intended parent, a\nstatement from the gestating intended parent and non-gestating intended\nparent that the non-gestating intended parent consented to assisted\nreproduction pursuant to section 581-304 of this article; and\n (4) proof of any donor's donative intent.\n The court may, in its discretion, dispense with testimony to establish\nthe truthfulness of the statements.\n (d) The following shall be deemed sufficient proof of a donor's\ndonative intent for purposes of this section:\n (1) where gametes or embryos have been released to a gamete or embryo\nstorage facility or were donated in the presence of a health care\npractitioner, either:\n (i) a statement or documentation from the gamete or embryo storage\nfacility or health care practitioner stating or demonstrating that such\ngametes or embryos had previously been released;\n (ii) a record from the gamete or embryo donor or donors evidencing\nintent to release the gametes or embryos; or\n (iii) clear and convincing evidence that the gamete or embryo donor or\ndonors confirmed, prior to donation, that the donor or donors would have\nno parental or proprietary interest in the gametes or embryos;\n (2) where the gametes or embryos were not released to a gamete or\nembryo storage facility or donated in the presence of a health care\npractitioner, either:\n (i) a record from the gamete or embryo donor acknowledging the\ndonation and confirming that the donor or donors shall have no parental\nor proprietary interest in the gametes or embryos. The record shall be\nsigned by the intended parent or parents and the gamete or embryo donor\nor donors:\n (A) before a notary public, or\n (B) before two witnesses who are not the intended parents, or\n (C) before a health care practitioner; or\n (ii) clear and convincing evidence that the gamete or embryo donor or\ndonors agreed, prior to the gametes or embryos being used for assisted\nreproduction, that the donor or donors would have no parental or\nproprietary interest in the gametes or embryos.\n (3) Except for those agreements executed in compliance with section\n581-306 of this article, this subdivision shall not apply where the\nperson providing the gametes or embryos is the spouse of the intended\nparent.\n (e) In the absence of evidence pursuant to subparagraphs (i) and (ii)\nof paragraph one and subparagraph (i) of paragraph two of subdivision\n(d) of this section, notice shall be given to the donor at least twenty\ndays prior to the date set for the proceeding to determine the existence\nof donative intent by delivery of a copy of the petition and notice\npursuant to section three hundred eight of the civil practice law and\nrules. If an intended parent or an intended parent's spouse is not a\npetitioner, such notice shall also be given to such person who shall be\na necessary party unless the intended parent proceeded without the\nparticipation of their spouse in compliance with subdivision (b) of\nsection 581-305 or section 581-306 of this article. Upon a showing to\nthe court, by affidavit or otherwise, on or before the date of the\nproceeding or within such further time as the court may allow, that\npersonal service cannot be effected at the last known address or\naddresses of the donor or donors, and/or the non-petitioning intended\nparent, if any, with reasonable effort, notice may be given, without\nprior court order therefore, at least twenty days prior to the\nproceeding by registered or certified mail directed to such last known\naddress or addresses. Notice by publication shall not be required to be\ngiven to anyone entitled to notice pursuant to the provisions of this\nsection.\n Notwithstanding the above, where there is evidence that sperm is\nprovided under the supervision of a health care practitioner to someone\nother than the sperm provider's intimate partner or spouse without a\nrecord of the sperm provider's intent to parent, notice is not required.\n (f) In cases not covered by subdivision (c) of this section, the court\nshall adjudicate the parentage of the child consistent with part three\nof this article.\n (g) Where the requirements of subdivision (c) of this section are met\nor where the court finds the intended parent or parents to be a parent\nunder subdivision (f) of this section, the court shall issue a judgment\nof parentage:\n (1) declaring the intended parent or parents to be the legal parent or\nparents of the child immediately upon the birth of the child; and\n (2) ordering the intended parent or parents to assume responsibility\nfor the maintenance and support of the child immediately upon the birth\nof the child; and\n (3) if there is a donor or donors, ordering that any donor is not a\nparent of the child; and\n (4) ordering that:\n * (i) Pursuant to section two hundred fifty-four of the judiciary law,\nthe clerk of the court shall transmit to the state commissioner of\nhealth, or for a person born in New York city, to the commissioner of\nhealth of the city of New York, on a form prescribed by the\ncommissioner, a written notification of such entry together with such\nother facts as may assist in identifying the birth record of the person\nwhose parentage was in issue and, if such person whose parentage has\nbeen determined is under eighteen years of age, the clerk shall also\ntransmit forthwith to the registry operated by the department of social\nservices pursuant to section three hundred seventy-two-c of the social\nservices law a notification of such determination; and\n * NB Effective until December 21, 2027\n * (i) The hospital birth registrar shall report the parentage of the\nchild on the record of live birth in conformity with the judgment of\nparentage, if the judgment of parentage is issued before the birth of\nthe child; and\n * NB Effective December 21, 2027\n (ii) If a change to the child's birth certificate is necessitated by\nthe judgment of parentage, then pursuant to section two hundred\nfifty-four of the judiciary law, the clerk of the court shall transmit\nto the state commissioner of health, or for a person born in New York\ncity, to the commissioner of health of the city of New York, on a form\nprescribed by the commissioner, a written notification of such entry\ntogether with such other facts as may assist in identifying the birth\nrecord of the person whose parentage was in issue and, if such person\nwhose parentage has been determined is under eighteen years of age, the\nclerk shall also transmit forthwith to the registry operated by the\ndepartment of social services pursuant to section three hundred\nseventy-two-c of the social services law a notification of such\ndetermination; and\n (iii) Pursuant to section forty-one hundred thirty-eight of the public\nhealth law and NYC Public Health Code section 207.05 that upon receipt\nof a judgment of parentage the local registrar where a child is born\nwill report the parentage of the child to the appropriate department of\nhealth in conformity with the court order. If an original birth\ncertificate has already been issued, the appropriate department of\nhealth will amend the birth certificate in an expedited manner and seal\nthe previously issued birth certificate except that it may be rendered\naccessible to the child at eighteen years of age or the legal parent or\nparents; and\n * (5) if the judgment of parentage is issued prior to the birth of the\nchild, ordering the petitioner or petitioners, within fourteen days of\nsuch birth, to provide the court with notification thereof, together\nwith such other facts as may assist in identifying the birth record of\nthe child whose parentage was in issue. Such notification shall be in\nwriting on a form to be prescribed by the chief administrator of the\ncourts. The court shall thereafter issue an amended judgment of\nparentage that includes the child's name as it appears on the child's\nbirth certificate and the child's date of birth.\n * NB Effective December 21, 2027\n