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Individuals and couples in New York who are considering working with a gestational surrogate to become parents no longer need to leave the state to do so. The state legislature approved a budget on April 2 that includes the Child-Parent Security Act.

The Act was originally introduced to the New York Senate last year but failed to pass when other lawmakers opposed it, raising concerns that gestational surrogacy benefits only the wealthy, commodifies women, and is little more than “pregnancy for a fee.” A separate bill introduced earlier this year would have provided an eight-day window after the birth of a child when the gestational carrier and the intended parents would have shared responsibility.

To the relief of many, this provision was ultimately not included in the final bill approved by the state senate. The new law, backed by Governor Andrew Cuomo, does include additional protections for the gestational carrier. Intended parents who take advantage of the new law must pay their surrogate’s healthcare and legal expenses, as well as some additional pregnancy-related costs.

One included protection for intended parents is the right to obtain a court order identifying them as the child’s parents before its birth, with the order becoming effective immediately when the child is born. This measure helps alleviate concerns surrounding parental rights, despite the existence of a surrogacy agreement between the intended parents and gestational carrier.

To be eligible for the protections afforded by the Child-Parent Security Act, at least one of the intended parents must have been a resident of New York for at least six months before entering into the surrogacy agreement with the gestational carrier.

At The Surrogacy Law Center, we help protect intended parents’ rights. To learn more, contact us today!