New York residents who want to begin or expand their families through surrogacy may soon be able to legally enter into paid surrogacy agreements, thanks to The Child Parent Security Act, currently in committee in the state senate. Today, New York residents may enter into unpaid surrogacy arrangements but contracts between intended parents and surrogates and gestational carriers are invalid.
The legislation, advanced by a group called “Protecting Modern Families Coalition” and formed by the Family Equality Council, would modernize New York’s outdated laws. Current prohibitions on paid surrogacy arrangements in the state date back to 1992 when a surrogate in neighboring New Jersey challenged the legality of the contract she entered into with the intended parents in court. The surrogacy contract in that case, the “Baby M” case, was deemed invalid. New York quickly acted to outlaw surrogacy contracts as a result.
Rapid medical advances and a changing societal picture in the nearly 27 years since the Baby M case have made gestational surrogacy a more widely-known and accepted practice. While people from all walks of life can benefit from assisted reproductive technologies like IVF and from surrogacy arrangements, these methods have been particularly impactful on the LGBT community and heterosexual couples struggling with infertility.
An influx of democratic leadership in the state senate may give this bill a better shot of advancing to a full vote than previous legislation aimed at changing New York’s surrogacy laws. It’s a topic that surrogacy advocates and attorneys in New York and across the country will be watching closely in the coming months.
Before entering into any type of surrogacy agreement, be sure to consult with a surrogacy law attorney who can help protect your rights. At the Surrogacy Law Center, we aim to provide our clients with a straightforward breakdown of what might seem to be a complicated and daunting process so that they can enjoy the beautiful experience of bringing a child into the world through surrogacy. Learn more now!