§ 581-502 — Compensation

New York § 581-502

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Payment to Donors and Persons Acting As Surrogates
• Art. 5-C: Judgments of Parentage of Children Conceived Through Assisted Reproduction or Pursuant to Surrogacy Agreements

Text

§ 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\nno circumstances may compensation be paid to purchase gametes or embryos\nor for the release of a parental interest in a child.\n (b) The compensation, if any, paid to a donor or person acting as\nsurrogate must be reasonable and negotiated in good faith between the\nparties. Base compensation paid to a person acting as surrogate shall\nnot exceed the duration of the pregnancy and recuperative period of\neight weeks after the birth of any resulting child. Supplemental\ncompensation for any medical procedure associated with complications\nfrom the pregnancy or delivery as confirmed by a health care\npractitioner, and any associated lost wages, may be, but are not\nrequired to be, paid after the recuperative period and until twelve\nmonths after the birth of the child, a stillbirth, a miscarriage\nresulting in termination of the pregnancy, or termination of the\npregnancy.\n (c) Compensation may not be conditioned upon the purported quality or\ngenome-related traits of the gametes or embryos.\n (d) Compensation may not be conditioned on actual genotypic or\nphenotypic characteristics of the donor or donors or of any resulting\nchildren.\n (e) Compensation to any embryo donor shall be limited to storage fees,\ntransportation costs and attorneys' fees.\n