N.Y. PBH Law § 2599-CC

§ 2599-cc. Gestational surrogacy. 1. The commissioner shall promulgate\nregulations on the practice of gestational surrogacy. Such regulations\nshall include, but not be limited to:\n (a) guidelines and procedures for obtaining fully informed consent\nfrom potential persons acting as surrogates, including but not limited\nto a full disclosure of any known or potential health risks and mental\nhealth impacts associated with acting as a surrogate;\n (b) the development and distribution, in printed form and on the\ndepartment's website, of informational material relating to gestational\nsurrogacy;\n (c) the establishment of a voluntary central tracking registry of\npersons acting as surrogates, as reported by surrogacy programs licensed\nby the department pursuant to article forty-four of the general business\nlaw upon the affirmative consent of a person acting as surrogate. Such\nregistry shall provide a means for gathering and maintaining accurate\ninformation on the:\n (i) number of times a person has acted as a surrogate;\n (ii) health information of the person acting as surrogate; and\n (iii) other information deemed appropriate by the commissioner;\n (d) the development of guidelines, procedures or protocols, in\nconsultation with the American college of obstetricians and\ngynecologists and the American society for reproductive medicine, to\nassist physicians in screening potential surrogates for their ability to\nserve as a surrogate as required under subdivision four of section\n581-402 of the family court act including taking into consideration the\npotential surrogates family medical history and complications from prior\npregnancies and known health conditions that may pose a risk to the\npotential surrogate during pregnancy; and\n (e) the development of guidance to reduce conflicts of interest among\nphysicians providing health care services to the surrogate.\n 2. All such regulations shall maintain the anonymity of the person\nacting as surrogate and any resulting offspring and govern access to\ninformation maintained by the registry. Such registry shall comply with\nall state and federal laws and regulations related to maintaining the\nprivacy and confidentiality of records contained with the registry.\n