N.Y. Gen. Bus. Law § 1401

§ 1401. Surrogacy programs regulated under this article. The\nprovisions of this article apply to surrogacy programs arranging or\nfacilitating transactions contemplated by a surrogacy agreement,\nregardless of whether such agreement ultimately comports with the\nrequirements under part four of article five-C of the family court act\nif:\n (a) The surrogacy program does business in New York state; or\n (b) A person acting as surrogate who is party to a surrogacy agreement\nresides in New York state at the time the surrogacy agreement is\nexecuted.\n