§ 581-402. Eligibility to enter surrogacy agreement. (a) A person\nacting as surrogate shall be eligible to enter into an enforceable\nsurrogacy agreement under this article if the person acting as surrogate\nhas met the following requirements at the time the surrogacy agreement\nis executed:\n (1) the person acting as surrogate is at least twenty-one years of\nage;\n (2) the person acting as surrogate: (i) is a United States citizen or\na lawful permanent resident, and (ii) has been a resident of New York\nstate for at least six months if neither intended parent has been a\nresident of New York state for at least six months;\n (3) the person acting as surrogate has not provided the egg used to\nconceive the resulting child;\n (4) the person acting as surrogate has completed a medical evaluation\nwith a health care practitioner relating to the anticipated pregnancy.\nSuch medical evaluation shall include a screening of the medical history\nof the potential surrogate including known health conditions that may\npose risks to the potential surrogate or embryo during pregnancy;\n (5) the person acting as surrogate has given informed consent to\nundergo the medical procedures after the licensed health care\npractitioner has informed them of the medical risks of surrogacy\nincluding the possibility of multiple births, risk of medications taken\nfor the surrogacy, risk of pregnancy complications, psychological and\npsychosocial risks, and impacts on their personal lives;\n (6) the person acting as surrogate, and the spouse of the person\nacting as surrogate, if applicable, have been represented from the\ninitiation of the contractual process and throughout the duration of the\nsurrogacy agreement by independent legal counsel of their own choosing\nwho is licensed to practice law in the state of New York which shall be\npaid for by the intended parent or parents, except that a person acting\nas surrogate who is receiving no compensation may waive the right to\nhave the intended parent or parents pay the fee for such legal counsel.\nWhere the independent legal counsel of the person acting as surrogate,\nand the spouse of the person acting as surrogate, if applicable, is paid\nby the intended parent or parents, a separate retainer agreement shall\nbe prepared clearly stating that such legal counsel will only represent\nthe person acting as surrogate and the spouse of the person acting as\nsurrogate, if applicable, in all matters pertaining to the surrogacy\nagreement, that such legal counsel will not offer legal advice to any\nother parties to the surrogacy agreement, and that the attorney-client\nrelationship lies with the person acting as surrogate and the spouse of\nthe person acting as surrogate, if applicable;\n (7) the person acting as surrogate has or the surrogacy agreement\nstipulates that the person acting as surrogate will obtain a\ncomprehensive health insurance policy that takes effect prior to taking\nany medication or commencing treatment to further embryo transfer that\ncovers preconception care, prenatal care, major medical treatments,\nhospitalization, and behavioral health care, and the comprehensive\npolicy has a term that extends throughout the duration of the expected\npregnancy and for twelve months after the birth of the child, a\nstillbirth, a miscarriage resulting in termination of pregnancy, or\ntermination of the pregnancy; the policy shall be paid for, whether\ndirectly or through reimbursement or other means, by the intended parent\nor parents on behalf of the person acting as surrogate pursuant to the\nsurrogacy agreement, except that a person acting as surrogate who is\nreceiving no compensation may waive the right to have the intended\nparent or parents pay for the health insurance policy. The intended\nparent or parents shall also pay for or reimburse the person acting as\nsurrogate for all co-payments, deductibles and any other out-of-pocket\nmedical costs associated with preconception, pregnanc
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