What Will Legalizing Gestational Surrogacy in NYS Mean For Fertility Equality?

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. 

The Child Parent Security Act:

  • Ensures that intended parents have a secure legal relationship with their child from the moment of birth.
  • Allows the partner of a person giving birth to be named as a legal parent of the newborn regardless of marital status.
  • Ends 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 legally and financially responsible for the child.
  • Creates a “Surrogate Bill of Rights” to ensure surrogates are both legally and medically protected.

Whenever the law is connected to emotional decisions it can add another layer of stress and confusion.  Our Fertility & Surrogacy team is passionate about helping families navigate through this journey guiding each party every step of the way.

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