What Will Legalizing Gestational Surrogacy in New York State Mean for Fertility Equality?

Legalizing gestational surrogacy in New York State is moving the state closer to fertility equality for all. Fertility equality is the belief that the ability to create a family should not be determined by one’s wealth, sexuality, gender, marital status or biology. On February 15, 2021, New York State moves closer to making fertility equality a reality by enacting the Child Parent Security Act, (The Act). New York residents who rely on assisted reproductive technology (ART) to have children will finally have an easier pathway to establish legal parental rights. 

Jamie Batt, and the rest of our Fertility & Surrogacy team highlight the benefits of the The Act below:

The Child Parent Security Act:

  • Ensures that intended parents will have a secure legal relationship with their child from the moment of conception.
  • Allows the partner of a person giving birth to be named as a legal parent of the newborn regardless of their marital status.
  • Ends the uncertainty for securing legal parenthood and eliminates the need for additional adoption expenses.
  • Provides protection for the children born of assisted reproduction by assuring that the intended parents, regardless of marital status or genetic contribution, are both legally and financially responsible for the child.
  • Creates a “Surrogate Bill of Rights” to ensure the surrogates are both legally and medically protected.

This is a huge step for surrogacy in New York State. We commend the state for working toward fertility equality. However, whenever the law is connected to emotional decisions we know it can add another layer of stress and confusion.  If you have questions or concerns about this new surrogacy law, Let’s Talk.

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