N.Y. Fam. Ct. Act § 581-306

§ 581-306. Effect of embryo disposition agreement between intended\nparents which transfers legal rights and dispositional control to one\nintended parent. (a) An embryo disposition agreement between intended\nparents with joint dispositional control of an embryo shall be binding\nunder the following circumstances:\n (1) it is in writing;\n (2) each intended parent had the advice of independent legal counsel\nprior to its execution, which may be paid for by either intended parent;\nand\n (3) where the intended parents are married, transfer of legal rights\nand dispositional control occurs only upon divorce.\n (b) The intended parent who transfers legal rights and dispositional\ncontrol of the embryo is not a parent of any child conceived from the\nembryo unless the agreement states that he or she consents to be a\nparent and that consent is not withdrawn consistent with subdivision (c)\nof this section.\n (c) If the intended parent transferring legal rights and dispositional\ncontrol consents to be a parent, he or she may withdraw his or her\nconsent to be a parent upon written notice to the embryo storage\nfacility and to the other intended parent prior to transfer of the\nembryo. If he or she timely withdraws consent to be a parent he or she\nis not a parent for any purpose including support obligations but the\nembryo transfer may still proceed.\n (d) An embryo disposition agreement or advance directive that is not\nin compliance with subdivision (a) of this section may still be found to\nbe enforceable by the court after balancing the respective interests of\nthe parties except that the intended parent who divested him or herself\nof legal rights and dispositional control may not be declared to be a\nparent for any purpose without his or her consent. The parent awarded\nlegal rights and dispositional control of the embryos shall, in this\ninstance, be declared to be the only parent of the child.\n