After a long back-and-forth battle in the state legislature, the Child-Parent Security Act was finally passed as part of the 2020 New York State Budget on April 2, 2020. The Act now legalizes gestational surrogacy in New York State, allowing intended parents and gestational carriers to join in enforceable compensated gestational surrogacy contracts.

Protecting Modern Families Coalition has been working with New York lawmakers and Gov. Andrew Cuomo to push for the Act’s legalization over the last 10 years. The Act now brings New York into the modern age of surrogacy, allowing intended parents’ rights to be recognized from the moment of their child’s birth.

The Act also allows for:

• Compensated gestational surrogacy arrangements
• Legal protections for gestational surrogates, including:
  • The right to make all health and welfare decisions regarding themselves and their pregnancy, including whether to terminate or continue the pregnancy
  • Independent legal counsel of their choosing, paid for by the intended parents
  • Access to a comprehensive health insurance policy paid for by the intended parents
  • Access to counseling and life insurance
• Simplified process of securing parenthood for non-biological parents
• Single women to legally and successfully use a sperm donor to build their family

New York, like its neighbor New Jersey, has a history of anti-surrogacy policies, stemming from the infamous “Baby M” case in the 1980s. For decades, intended parents in New York had to travel to another state to bring a child into their family — often thousands of miles to the surrogacy capitol of the U.S., California. Their stories and the tireless work of family advocates and lawyers like those at Rumbold & Seidelman brings those family-building processes closer to home.

“The Child-Parent Security Act will serve as a national model for forming and protecting families as well as the surrogates who want to help them,” said Rev. Stan J. Sloan, CEO of Family Equality (the organization spearheading the Protecting Modern Families Coalition). “New York has a proud tradition of progressive leadership, and today we add to the legacy of Seneca Falls and Stonewall by saying loudly and clearly that love makes a family.”

American Surrogacy applauds these protections to New York surrogacy legislation and stands ready to help intended parents and prospective surrogates in the Empire State reach their surrogacy dreams. For more information about working with our agency, please call 1-800-875-BABY(2229) or contact us online.