N.Y. Fam. Ct. Act § 581-407

§ 581-407. Insufficient surrogacy agreement. If a surrogacy agreement\ndoes not meet the material requirements of this article, the agreement\nis not enforceable and the court shall determine parentage based on the\nintent of the parties, taking into account the best interests of the\nchild. An intended parent's absence of genetic connection to the child\nis not a sufficient basis to deny that individual a judgment of legal\nparentage.\n