§ 581-403. Requirements of surrogacy agreement. A surrogacy agreement\nshall be deemed to have satisfied the requirements of this article and\nbe enforceable if it meets the following requirements:\n (a) it shall be in a record with each signature either notarized or\nwitnessed by two non-parties and signed by:\n (1) each intended parent, and\n (2) the person acting as surrogate, and the spouse of the person\nacting as surrogate, if applicable, unless:\n (i) they are living separate and apart pursuant to a decree or\njudgment of separation or pursuant to a written agreement of separation\nsubscribed by the parties thereto and acknowledged or proved in the form\nrequired to entitle a deed to be recorded; or\n (ii) they have been living separate and apart for at least three years\nprior to execution of the surrogacy agreement;\n (b) it shall be executed prior to the person acting as surrogate\ntaking any medication or the commencement of medical procedures in the\nfurtherance of embryo transfer, provided the person acting as surrogate\nshall have provided informed consent to undergo such medical treatment\nor medical procedures prior to executing the agreement;\n (c) it shall be executed by a person acting as surrogate meeting the\neligibility requirements of subdivision (a) of section 581-402 of this\npart and by the spouse of the person acting as surrogate, if applicable,\nunless the signature of the spouse of the person acting as surrogate is\nnot required as set forth in this section;\n (d) it shall be executed by intended parent or parents who met the\neligibility requirements of subdivision (b) of section 581-402 of this\npart;\n (e) the person acting as surrogate and the spouse of the person acting\nas surrogate, if applicable, and the intended parent or parents shall\nhave been represented from the initiation of the contractual process and\nthe surrogacy agreement states that they shall be represented throughout\nthe duration of the surrogacy agreement by separate, independent legal\ncounsel of their own choosing, who is licensed to practice law in the\nstate of New York;\n (f) if the surrogacy agreement provides for the payment of\ncompensation to the person acting as surrogate, the funds for base\ncompensation and reasonable anticipated additional expenses shall have\nbeen placed in escrow with an independent escrow agent, who consents to\nthe jurisdiction of New York courts for all proceedings related to the\nenforcement of the escrow agreement, prior to the person acting as\nsurrogate commencing any medical procedure other than medical\nevaluations necessary to determine the person acting as surrogate's\neligibility;\n (g) the surrogacy agreement must include information disclosing how\nthe intended parent or parents will cover the medical expenses of the\nperson acting as surrogate and the child. If comprehensive health care\ncoverage is used to cover the medical expenses, the disclosure shall\ninclude a review and summary of the health care policy provisions\nrelated to coverage and exclusions for the person acting as surrogate's\npregnancy; and\n (h) the surrogacy agreement shall include the following information:\n (1) the date, city and state where the surrogacy agreement was\nexecuted;\n (2) the first and last names of and contact information for the\nintended parent or parents and of the person acting as surrogate;\n (3) the first and last names of and contact information for the\npersons from which the gametes originated, if known. The agreement shall\nspecify whether the gametes provided were eggs, sperm, or embryos;\n (4) the name of and contact information for the licensed and\nregistered surrogacy program arranging or facilitating the transactions\ncontemplated by the surrogacy agreement, if any; and\n (5) the name of and contact information for the attorney representing\nthe person acting as surrogate, and the spouse of the person acting as\nsurrogate, if applicable, and the attorney rep
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