* § 1401. Surrogacy programs regulated under this article. The provisions of this article apply to surrogacy programs arranging or facilitating transactions contemplated by a surrogacy agreement under part four of article five-C of the family court act if:

1. (a) The surrogacy program does business in New York state;
2. (b) A person acting as surrogate who is party to a surrogacy agreement resides in New York state during the term of the surrogacy agreement; or
3. (c) Any medical procedures under the surrogacy agreement are performed in New York state. * NB Effective February 15, 2021