§ 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 de
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