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N.Y. Fam. Ct. Act 581-404
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§ 581-404 Surrogacy agreement: effect of subsequent spousal relationship

Article 5-C: Judgments of Parentage of Children Conceived Through Assisted Reproduction or Pursuant to Surrogacy Agreements

Rule Text

§ 581-404. Surrogacy agreement: effect of subsequent spousal relationship.

(a) After the execution of a surrogacy agreement under this article, the subsequent spousal relationship of the person acting as surrogate does not affect the validity of a surrogacy agreement, the consent of the spouse of the person acting as surrogate to the agreement shall not be required, and the spouse of the person acting as surrogate shall not be the presumed parent of any resulting children.

(b) The subsequent separation or divorce of the intended parents does not affect the rights, duties and responsibilities of the intended parents as outlined in the surrogacy agreement. After the execution of a surrogacy agreement under this article, the subsequent spousal relationship of the intended parent does not affect the validity of a surrogacy agreement, and the consent of the new spouse of an intended parent to the agreement shall not be required.