New York Introduces Bill to Allow Compensatory Surrogacy

New York Senator Brad Hoylman and Assemblywoman Amy Paulin have proposed a new bill, The Child Parent Security Act (“CSPA”), that would remove the ban on compensated surrogacy and provide a clear mechanism for intended parents legal rights to obtain legal rights to their child born through gestational surrogacy. When the requirements in the law are met, Intended parents can receive an “Order of Parentage” from a court which becomes effective immediately after birth of the child. Additionally, the bill would provide for the enforcement of contractual agreements between the gestational surrogate and the intended parents. The CSPA would significantly change surrogacy law in New York, which is one of only five states that where compensated surrogacy is illegal. Click here for more information about the bill.

Surrogacy is one of the only family-building options for more than 440,000 infertile New Yorkers, same-sex couples, and single individuals who wish to have children. This bill would remove barriers for New Yorkers who are forced to pursue surrogacy out-of-state, and permit them to achieve their dream of building a family. With IVF and gestational surrogacy becoming so widespread, it has come time for many states to update and clarify laws to keep up with technological advances in assisted reproduction. The bill is currently being reviewed by the Committee of Judiciary, but stay tuned to our blog for more updates on this bill and other efforts to update surrogacy laws throughout the country.

The attorneys of Harden Jackson Law are devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy and other areas of assisted reproductive technology law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.

Remember, these blog posts are not meant to be legal advice. You should consult an adoption attorney to discuss the specifics of your situation.