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What the Child Parent Security Act Means for Surrogacy in New York

May 29. 2013

A gestational carrier bears a pregnancy that is not biologically related to her. One or more embryos, created from the intended mother’s eggs or donor eggs and sperm from the intended father or a sperm donor, is transferred into the uterus of the gestational carrier similar to a traditional embryo transfer in IVF. The gestational carrier will relinquish all rights to the child at birth as is detailed in a gestational carrier agreement. However, gestational carrier agreements are not legal in all states making custody and parental rights a bit murky.

Typically, a gestational carrier agreement outlines any medical expenses or reimbursements the carrier shall receive during the pregnancy. New York is one of several states where gestational carrier agreement contracts are legally unenforceable. As a result, couples pursue third party reproductive options out of state to best protect their rights.

RESOLVE: The National Infertility Association and other advocates in the infertility community are seeking to change the current legislation in order to make it easier for couples with infertility to consider a gestational carrier for building their family.

The proposed legislation, the Child Parent Security Act, would reverse the law forbidding compensation of gestational carriers, clarify parentage in instances of donor egg, donor sperm, or donor embryos, and would keep New York fertility patients in New York. The new bill also proposes a “Judgment of Parentage” which will allow the names of the intended parents to appear on the child’s birth certificate without complex legal processes.

To help RESOLVE’s mission to get this bill passed, let your Senator and Assemblyperson know that you support gestational carrier agreements in New York. Send a letter to Albany today!

Comments (2)

How can we get something like this in the hands of the right people in Michigan? I am a two time surrogate who would love to help give my NY family another baby, but I'm moving to MI where it's not legal :(

Hi Jamie, You can check and also write to legislators in Michigan to let your voice be heard! Best of luck! Kim

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