N.Y. Fam. Ct. Act § 581-404

§ 581-404. Surrogacy agreement: effect of subsequent spousal\nrelationship. (a) After the execution of a surrogacy agreement under\nthis article, the subsequent spousal relationship of the person acting\nas surrogate does not affect the validity of a surrogacy agreement, the\nconsent of the spouse of the person acting as surrogate to the agreement\nshall not be required, and the spouse of the person acting as surrogate\nshall not be the presumed parent of any resulting children.\n (b) The subsequent separation or divorce of the intended parents does\nnot affect the rights, duties and responsibilities of the intended\nparents as outlined in the surrogacy agreement. After the execution of a\nsurrogacy agreement under this article, the subsequent spousal\nrelationship of the intended parent does not affect the validity of a\nsurrogacy agreement, and the consent of the new spouse of an intended\nparent to the agreement shall not be required.\n