§ 1403 — Conflicts of interest; prohibition on payments; funds in escrow; licensure; notice of surrogates' bill of rights

New York § 1403

• Jurisdiction: New York
• Law GBS: General Business
• Art. 44: Regulation of Surrogacy Programs and Assisted Reproduction Service Providers

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§ 1403. Conflicts of interest; prohibition on payments; funds in\nescrow; licensure; notice of surrogates' bill of rights. A surrogacy\nprogram to which this article applies:\n (a) Shall keep all funds paid by or on behalf of the intended parent\nor parents other than funds paid to the surrogacy program for its fees,\nin an escrow account separate from its operating accounts; and\n (b) May not be owned or managed, in any part, directly or indirectly,\nby any attorney representing a party to the surrogacy agreement; and\n (c) May not pay or receive payment, directly or indirectly, to or from\nany person licensed to practice law and representing a party to the\nsurrogacy agreement in connection with the referral of any person or\nparty for the purpose of a surrogacy agreement; and\n (d) May not pay or receive payment, directly or indirectly, to or from\nany health care provider providing any health services, including\nassisted reproduction, to a party to the surrogacy agreement; and\n (e) May not be owned or managed, in any part, directly or indirectly,\nby any health care provider providing any health services, including\nassisted reproduction, to a party to the surrogacy agreement; and\n (f) Shall be licensed to operate in New York state pursuant to\nregulations promulgated by the department of health in consultation with\nthe department of financial services; and\n (g) Shall ensure that all potential parties to a surrogacy agreement,\nat the time of consultation with such surrogacy program, are provided\nwith written notice of the surrogates' bill of rights enumerated in part\nsix of article five-C of the family court act.\n