New York Consolidated Laws, Family Court Act - FCT § 581-407. Insufficient surrogacy agreement

If a surrogacy agreement does not meet the material requirements of this article, the agreement is not enforceable and the court shall determine parentage based on the intent of the parties, taking into account the best interests of the child.  An intended parent's absence of genetic connection to the child is not a sufficient basis to deny that individual a judgment of legal parentage.