N.Y. Dom. Rel. Law § 124

§ 124. Proceedings regarding parental rights, status or obligations.\nIn any action or proceeding involving a dispute between the birth mother\nand (i) the genetic father, (ii) the genetic mother, (iii) both the\ngenetic father and genetic mother, or (iv) the parent or parents of the\ngenetic father or genetic mother, regarding parental rights, status or\nobligations with respect to a child born pursuant to a surrogate\nparenting contract:\n 1. the court shall not consider the birth mother's participation in a\nsurrogate parenting contract as adverse to her parental rights, status,\nor obligations; and\n 2. the court, having regard to the circumstances of the case and of\nthe respective parties including the parties' relative ability to pay\nsuch fees and expenses, in its discretion and in the interests of\njustice, may award to either party reasonable and actual counsel fees\nand legal expenses incurred in connection with such action or\nproceeding. Such award may be made in the order or judgment by which the\nparticular action or proceeding is finally determined, or by one or\nmore orders from time to time before the final order or judgment, or by\nboth such order or orders and the final order or judgment; provided,\nhowever, that in any dispute involving a birth mother who has executed a\nvalid surrender or consent to the adoption, nothing in this section\nshall empower a court to make any award that it would not otherwise be\nempowered to direct.\n