§ 581-405 — Termination of surrogacy agreement

New York § 581-405

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Surrogacy Agreement
• Art. 5-C: Judgments of Parentage of Children Conceived Through Assisted Reproduction or Pursuant to Surrogacy Agreements

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§ 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 applicable,\nor any intended parent may terminate the surrogacy agreement by giving\nnotice of termination in a record to all other parties. Upon proper\ntermination of the surrogacy agreement the parties are released from all\nobligations recited in the surrogacy agreement except that the intended\nparent or parents remain responsible for all expenses that are\nreimbursable under the agreement which have been incurred by the person\nacting as surrogate through the date of termination. If the intended\nparent or parents terminate the surrogacy agreement pursuant to this\nsection after the person acting as surrogate has taken any medication or\ncommenced treatment to further embryo transfer, such intended parent or\nparents shall be responsible for paying for or reimbursing the person\nacting as surrogate for all co-payments, deductibles, any other\nout-of-pocket medical costs, and any other economic losses incurred\nwithin twelve months of the termination of the agreement and associated\nwith taking such medication or undertaking such treatment. Unless the\nagreement provides otherwise, the person acting as surrogate is entitled\nto keep all payments received and obtain all payments to which the\nperson is entitled up until the date of termination of the agreement.\nNeither a person acting as surrogate nor the spouse of the person acting\nas surrogate, if any, is liable to the intended parent or parents for\nterminating a surrogacy agreement as provided in this section.\n