N.Y. FCT Law § 581-306

§ 581-306. Effect of embryo disposition agreement between intended\nparents which transfers legal rights and dispositional control to one\nintended parent. (a) An embryo disposition agreement between intended\nparents with joint dispositional control of an embryo shall be binding\nunder the following circumstances:\n (1) it is in writing;\n (2) each intended parent had the advice of independent legal counsel\nprior to its execution, which may be paid for by either intended parent;\nand\n (3) where the intended parents are married, transfer of legal rights\nand dispositional control becomes effective upon: (i) living separate\nand apart pursuant to a decree or judgment of separation or pursuant to\na written agreement of separation subscribed by the parties thereto and\nacknowledged or proved in the form required to entitle a deed to be\nrecorded; or (ii) living separate and apart at least three years; or\n(iii) divorce; or (iv) death.\n (b) The intended parent who transfers legal rights and dispositional\ncontrol of the embryo is not a parent of any child conceived from the\nembryo unless the agreement states that he or she consents to be a\nparent and that consent is not withdrawn consistent with subdivision (c)\nof this section.\n (c) If the intended parent transferring legal rights and dispositional\ncontrol consents to be a parent, he or she may withdraw his or her\nconsent to be a parent upon written notice to the embryo storage\nfacility and to the other intended parent prior to transfer of the\nembryo. If he or she timely withdraws consent to be a parent he or she\nis not a parent for any purpose including support obligations but the\nembryo transfer may still proceed.\n (d) An embryo disposition agreement that is not in compliance with\nsubdivision (a) of this section may still be found to be enforceable by\nthe court after balancing the respective interests of the parties except\nthat the intended parent who divested him or herself of legal rights and\ndispositional control may not be declared to be a parent for any purpose\nwithout his or her consent. The intended parent awarded legal rights and\ndispositional control of the embryos shall, in this instance, be\ndeclared to be the only parent of the child.\n