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Title: Section 69-11.7 - Surrogacy registry

Effective Date

05/17/2021

69-11.7 Surrogacy registry.

(a) At such time as the surrogacy program obtains a license, the surrogacy program shall, as a condition of licensure, enroll in the Department’s surrogacy registry, the central tracking registry of surrogates in New York State who have voluntarily agreed to participate in such registry.

(b) Upon enrollment in the surrogacy registry, the surrogacy program shall be provided with a unique surrogacy program identifier code, which shall identify only the surrogacy program’s business name and business address.

(c) Upon completion of a surrogacy agreement, the surrogacy program shall ask the surrogate whether they would like to participate in the surrogacy registry. The surrogacy program shall make such inquiry upon the completion of each new surrogacy agreement, regardless of the surrogate’s prior participation in, or refusal to participate in, the surrogacy registry. The surrogate shall be provided with written informational material, written in plain language, regarding the surrogacy registry which shall indicate, at a minimum, the following:

(1) participation in the surrogacy registry is voluntary and consent can be revoked;

(2) information will be de-identified; and

(3) the surrogacy program shall adhere to all state and federal laws regarding confidentiality of private health information, and the surrogate may pursue remedies against the surrogacy program under such laws for any illegal disclosure of their confidential health information.

(d) For any surrogate who indicates, by signed acceptance maintained on file with the surrogacy program, that they wish to voluntarily participate in the surrogacy registry, the surrogacy program shall request a unique, randomly generated surrogate identifier code from the surrogacy registry. Upon being provided such surrogate identifier code by the Department, the surrogacy program shall:

(1) attach such code to the surrogate’s confidential record maintained by the surrogacy program, or otherwise associate such code with the surrogate’s confidential record, for tracking purposes; and

(2) generate a separate record, identified only with the surrogate identifier code, indicating the number of times the person associated with such code has acted as a surrogate and the health information of such surrogate, which shall at a minimum include the health screening criteria prescribed by the Department. Such unique record shall be known as the “surrogacy registry record.”

(3) submit the surrogacy registry record to the Department, in a form and manner to be determined by the Department.

(e) The surrogacy program shall maintain the confidentiality of the surrogacy registry record in accordance with all applicable state and federal laws, including Public Health Law section 2599-cc(2).

Statutory Authority

General Business Law, Section 1404 and Public Health Law, Sections 2599-cc and 4365(4)

Volume

VOLUME A-1a (Title 10)

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