N.Y. Fam. Ct. Act § 581-202

§ 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 the 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\n (2) if the intended parent and child do not reside in New York state,\nup to ninety days after the birth of the child in the county where the\nchild was born.\n (b) The petition for a judgment of parentage must be verified.\n (c) Where a petition includes the following truthful statements, the\ncourt shall adjudicate the intended parent to be the parent of the\nchild:\n (1) a statement that an intended parent has been a resident of the\nstate for at least six months or if an intended parent is not a New York\nstate resident, that the child will be or was born in the state within\nninety 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 (d) The following shall be deemed sufficient proof of a donor's\ndonative intent for purposes of this section:\n (1) in the case of an anonymous donor or where gametes or embryos have\npreviously been released to a gamete or embryo storage facility or in\nthe presence of a health care practitioner, 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 were anonymously donated or had previously been\nreleased; or\n (ii) clear and convincing evidence that the gamete or embryo donor\nintended to donate gametes or embryos anonymously or intended to release\nsuch gametes or embryos to a gamete or embryo storage facility or health\ncare practitioner; or\n (2) in the case of a donation from a known donor, either: a. a record\nfrom the gamete or embryo donor acknowledging the donation and\nconfirming that the donor has no parental or proprietary interest in the\ngametes or embryos. The record shall be signed by the gestating intended\nparent and the gamete or embryo donor. The record may be, but is not\nrequired to be, signed:\n (i) before a notary public, or\n (ii) before two witnesses who are not the intended parents, or\n (iii) before a health care practitioner; or\n b. clear and convincing evidence that the gamete or embryo donor\nagreed, prior to conception, with the gestating parent that the donor\nhas no parental or proprietary interest in the gametes or embryos.\n (e)(1) In the absence of evidence pursuant to paragraph two of this\nsubdivision, notice shall be given to the donor at least twenty days\nprior to the date set for the proceeding to determine the existence of\ndonative intent by delivery of a copy of the petition and notice\npursuant to section three hundred eight of the civil practice law and\nrules. Upon a showing to the court, by affidavit or otherwise, on or\nbefore the date of the proceeding or within such further time as the\ncourt may allow, that personal service cannot be effected at the donor's\nlast known address with reasonable effort, notice may be given, without\nprior court order therefore, at least twenty days prior to the\nproceeding by registered or certified mail directed to the donor's last\nknown address. Notice by publication shall not be required to be given\nto a donor entitled to notice pursuant to the provisions of this\nsection.\n (2) Notwithstanding the above, where sperm is provided under the\nsupervision of a health care practitioner to someone other than the\nsperm provider's intimate partner or spouse without a record of the\nsperm provider's intent to parent notice is not required.\n (f) In cases not covered by subdivision (c) of this section, the court\nshall adjudicate the parentage of the child consistent with part three\nof this article.\n (g) Where the requirements of subdivision (c) of this section are met\nor where the court finds the intended parent to be a parent under\nsubdivision (e) of this section, the court shall issue a judgment of\nparentage:\n (1) declaring, that upon the birth of the child, the intended parent\nor parents is or are the legal parent or parents of the child; and\n (2) ordering the intended parent or parents to assume responsibility\nfor the maintenance and support of the child immediately upon the birth\nof the child; and\n (3) if there is a donor, ordering that the donor is not a parent of\nthe child; and\n (4) ordering that:\n (i) Pursuant to section two hundred fifty-four of the judiciary law,\nthe clerk of the court shall transmit to the state commissioner of\nhealth, or for a person born in New York city, to the commissioner of\nhealth of the city of New York, on a form prescribed by the\ncommissioner, a written notification of such entry together with such\nother facts as may assist in identifying the birth record of the person\nwhose parentage was in issue and, if such person whose parentage has\nbeen determined is under eighteen years of age, the clerk shall also\ntransmit forthwith to the registry operated by the department of social\nservices pursuant to section three hundred seventy-two-c of the social\nservices law a notification of such determination; and\n (ii) Pursuant to section forty-one hundred thirty-eight of the public\nhealth law and NYC Public Health Code section 207.05 that upon receipt\nof a judgment of parentage the local registrar where a child is born\nwill report the parentage of the child to the appropriate department of\nhealth in conformity with the court order. If an original birth\ncertificate has already been issued, the appropriate department of\nhealth will amend the birth certificate in an expedited manner and seal\nthe previously issued birth certificate except that it may be rendered\naccessible to the child at eighteen years of age or the legal parent or\nparents.\n