People often are shocked to learn that New York, known for its enlightened laws and world-class IVF clinics, has banned surrogacy for over thirty years. Beginning on February 15, 2021, surrogacy will be legalized in New York, with a historic new law, the Child Parent Security Act (CPSA), the nation’s most progressive assisted reproduction legislation. New York law finally recognizes the 21st century medical technology making gestational surrogacy an increasingly effective path to parenthood for infertile and LGBTQ families.
Here’s how it works. Only gestational surrogacy is allowed, that is, an embryo not genetically related to the surrogate, is transferred to her uterus and she carries the pregnancy for the intended legal parents of the child. Prior to the embryo transfer, the surrogate and intended parents enter an enforceable gestational surrogacy agreement ensuring the legal parentage of the child created. Participants can obtain a court order before the birth of the child declaring the intended parents as the sole legal parents. After the birth, the New York Department of Health will issue a birth certificate listing the parents established in the order of parentage.
The CPSA applies, not only to surrogacy, but comprehensively addresses the parentage of all children born through third-party reproduction using egg, sperm, and embryo donation. The overarching goal of the legislation is to provide a predictable legal and ethical framework which will establish the parentage of the children created and protect the rights of all of the parties impacted by third-party reproduction: intended parents, gestational carriers, and donors.
—Robin Fleischner has dedicated her legal career to forming families through adoption, surrogacy, and assisted reproduction. Read by hundreds of adoptive, intended, and waiting parents, Robin’s blog provides a personal dimension to the legal aspects of adoption and assisted reproduction.
To read more from Robin Fleischner, visit her adoption and assisted reproduction blog!