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Current as of January 01, 2026 | Updated by Findlaw Staff
A surrogacy program to which this article applies:
(a) Shall keep all funds paid by or on behalf of the intended parent or parents other than funds paid to the surrogacy program for its fees, in an escrow account separate from its operating accounts; and
(b) May not be owned or managed, in any part, directly or indirectly, by any attorney representing a party to the surrogacy agreement; and
(c) May not pay or receive payment, directly or indirectly, to or from any person licensed to practice law and representing a party to the surrogacy agreement in connection with the referral of any person or party for the purpose of a surrogacy agreement; and
(d) May not pay or receive payment, directly or indirectly, to or from any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement; and
(e) May not be owned or managed, in any part, directly or indirectly, by any health care provider providing any health services, including assisted reproduction, to a party to the surrogacy agreement; and
(f) Shall be licensed to operate in New York state pursuant to regulations promulgated by the department of health in consultation with the department of financial services; and
(g) Shall ensure that all potential parties to a surrogacy agreement, at the time of consultation with such surrogacy program, are provided with written notice of the surrogates' bill of rights enumerated in part six of article five-C of the family court act.
Cite this article: FindLaw.com - New York Consolidated Laws, General Business Law - GBS § 1403. Conflicts of interest; prohibition on payments; funds in escrow; licensure; notice of surrogates' bill of rights - last updated January 01, 2026 | https://codes.findlaw.com/ny/general-business-law/gbs-sect-1403/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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