N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Genetic Surrogate Parenting Contracts
New York Consolidated Laws

N.Y. Domestic Relations Law § 121 (2026)

Definitions

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 121. Definitions. When used in this article, unless the context or
subject matter manifestly requires a different interpretation:
  1. "Genetic surrogate" shall mean a person who gives birth to a child
who is the person's genetic child pursuant to a genetic surrogate
parenting agreement.
  2. "Genetic surrogate parenting agreement" shall mean any agreement,
oral or written, in which:
  (a) a genetic surrogate agrees either to be inseminated with the sperm
of a person who is not their spouse or to be impregnated with an embryo
that is the product of the genetic surrogate's ovum fertilized with the
sperm of a person who is not their spouse; and
  (b) the genetic surrogate agrees to, or intends to, surrender or
consent to the adoption of the child born as a result of such
insemination or impregnation.
Notes of Decisions
Cited in 8 cases, 1998–2019 · leading case: Kass v. Kass, 696 N.E.2d 174 (N.Y. 1998).
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Kass v. Kass, 696 N.E.2d 174 (N.Y. 1998). “, Domestic Relations Law § 121 et seq. [declaring surrogate parenting contracts contrary to policy, void and unenforceable]; Scheinkman, Practice Commentaries, McKinney’s Cons Laws of NY, Book 14, Domestic Relations Law § 122, 1998 Pocket Part, at 255 [“commercial surrogacy…”
Doe v. Bd. of Health, 5 Misc. 3d 424 (N.Y. Sup. Ct. 2004). “(Domestic Relations Law § 121.) Therefore, as plaintiffs acknowledged, “a birth mother who gives birth to a child pursuant to a surrogate parenting agreement, is vested with parental rights to that child and must surrender or consent to the adoption of the child in order for…”
Itskov v. New York Fertility Inst., Inc., 11 Misc. 3d 68 (N.Y. App. Term. 2006). “In the case at bar, the complaint alleges a surrogate parenting agreement (Domestic Relations Law § 121 [4]), pursuant to which defendant Dr.”
Ilene P.V. v. Felix V., 3 Misc. 3d 759 (N.Y. Fam. Ct. 2004). “, when the Legislature created Family Court Act § 516, it adopted the provisions of the former applicable statute (Domestic Relations Law § 121). That statute specifically provided that the court review the adequacy of compromise agreements out of concerns that the settlements…”
Itskov v. New York Fertility Inst., Inc., 4 Misc. 3d 874 (N.Y. City Civ. Ct. 2004). · cites it 3× “in which: “(a) a woman agrees either to be inseminated with the sperm of a man who is not her husband or to be impregnated with an embryo that is the product of an ovum fertilized with the sperm of a man who is not her husband; and “(b) the woman agrees to, or intends to,…”
Matter of John (Joseph G.), 2019 NY Slip Op 5132 (N.Y. App. Div. 2d Dep't 2019). “reement in which: (a) a woman agrees to be inseminated with the sperm of a man other than her husband or to be impregnated with an embryo that is the product of an ovum fertilized with sperm of a man other than her husband; and (b) the woman agrees to, or intends to, surrender…”
Matter of Ilene P.V. v. Felix V., 2004 NY Slip Op 24094 (N.Y. Fam. Ct., Orange Cty. 2004). “, when the Legislature created Family Court Act § 516, it adopted the provisions of the former applicable statute (Domestic Relations Law § 121). That statute specifically provided that the court review the adequacy of compromise agreements out of concerns that the settlements…”
Doe v. New York City Bd. of Health, 2004 NY Slip Op 24303 (N.Y. Sup. Ct., New York Cty. 2004). “(Domestic Relations Law § 121.) Therefore, as plaintiffs acknowledged, "a birth mother who gives birth to a child pursuant to a surrogate parenting agreement, is vested with parental rights to that child and must surrender or consent to the adoption of the child in order for…”
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