Surrogacy is an increasingly popular method for individuals and couples to build their families. It offers hope and an opportunity for those who are unable to conceive naturally or carry a pregnancy to term. However, surrogacy is a complex legal process that varies from state to state. In New York, the laws surrounding surrogacy have recently undergone significant changes, providing new opportunities and protections for all parties involved. In this article, we will explore the rights and responsibilities of all parties in surrogacy arrangements and discuss the requirements under New York law.
The Surrogates’ Bill of Rights
One of the key aspects of New York’s surrogacy laws is the Surrogates’ Bill of Rights. This legislation passed in 2020, aims to protect the rights of surrogate mothers and ensure that they are fully informed and supported throughout the surrogacy process. The Surrogates’ Bill of Rights guarantees surrogates the right to:
- Independent legal counsel: Surrogates have the right to independent legal representation to ensure that their interests are protected and that they fully understand the legal implications of the surrogacy agreement.
- Comprehensive medical and mental health support: Surrogates are entitled to receive comprehensive medical and mental health support throughout the surrogacy process, including access to appropriate healthcare professionals.
- Transparent and informed consent: Surrogates must provide their informed consent in writing before entering into a surrogacy agreement. They have the right to receive detailed information about the medical procedures involved, potential risks, and compensation arrangements.
Intended Parents’ Rights and Responsibilities
Intended parents, the individuals or couples who are seeking the assistance of a surrogate, also have specific rights and responsibilities under New York law. These include:
- Legal parentage: Once the surrogacy arrangement is completed, intended parents have the right to obtain a court order establishing their legal parentage. This ensures that they have the same legal rights and responsibilities as any other parent.
- Financial obligations: Intended parents are responsible for covering all reasonable medical, legal, and other expenses related to the surrogacy process. These financial arrangements are typically outlined in the surrogacy agreement and are subject to negotiation and agreement between the parties involved.
- Emotional support: Intended parents may also require emotional support throughout the surrogacy journey. Support groups, counseling services, and other resources are available to help them navigate the emotional challenges associated with surrogacy.
Requirements for Surrogacy in New York
To ensure the protection of all parties involved, New York has established specific requirements for surrogacy arrangements. These requirements include:
- Gestational surrogacy: In New York, only gestational surrogacy is allowed. This means that the surrogate mother is not genetically related to the child she carries. The intended parents’ gametes (sperm and/or eggs) or donated gametes are used to create the embryo.
- Pre-birth order: Intended parents must obtain a pre-birth order from the court before the child is born. This order establishes their legal parentage and allows them to make medical decisions for the child upon birth.
- Surrogate eligibility: Surrogates must meet certain eligibility criteria, including being at least 21 years old, having previously given birth to at least one child, and passing a comprehensive medical and psychological evaluation.
The Changing Landscape of Surrogacy in New York
The landscape of surrogacy in New York has undergone significant changes in recent years. Prior to 2020, New York was one of the few states that outright banned compensated surrogacy arrangements. However, the passage of the Child-Parent Security Act in 2020 marked a turning point, making compensated gestational surrogacy legal and establishing a clear legal framework for surrogacy in the state.
Under the Child-Parent Security Act, intended parents and surrogates now have legal protections and guidelines that govern their surrogacy journey. This legislation not only provides a pathway to parenthood for those who were previously unable to pursue surrogacy, but it also ensures that all parties involved are treated fairly and have their rights respected.
Benefits of the Child-Parent Security Act
The Child-Parent Security Act brings numerous benefits to the surrogacy process in New York. Some of these benefits include:
- Legal certainty: The Act provides a clear legal framework for surrogacy arrangements, ensuring that intended parents and surrogates have a solid legal foundation to rely on. This clarity helps prevent disputes and provides peace of mind for all parties involved.
- Enhanced protections: The Act establishes safeguards and protections for all parties, including surrogates, intended parents, and the child. It sets requirements for surrogates’ eligibility, medical evaluations, and informed consent processes, promoting the well-being and safety of everyone involved.
- Parental rights: The Act allows intended parents to establish their legal parentage through a court order before the birth of the child. This streamlines the process and ensures that intended parents have the same legal rights and responsibilities as any other parent.
- Expanded access: The legalization of compensated surrogacy has expanded access to surrogacy options for individuals and couples in New York. It opens doors for LGBTQ+ couples, single parents, and those struggling with infertility to pursue their dreams of having a child through surrogacy.
Surrogacy is a highly regulated and legally complex process. Whether you are a surrogate mother or an intended parent, it is crucial to seek legal guidance to ensure that your rights and responsibilities are protected. At Jean M. Mahserjian, Esq., P.C., we specialize in family law, including surrogacy matters, and we are here to help you navigate the intricate legal landscape surrounding surrogacy in New York. Contact us today to schedule a consultation and receive the legal support you need to make informed decisions and achieve your surrogacy goals.
New York’s surrogacy laws have evolved to prioritize the rights and well-being of all parties involved. The Surrogates’ Bill of Rights establishes essential protections for surrogate mothers, while intended parents have clear rights and responsibilities. By understanding the requirements and seeking legal guidance, individuals and couples can embark on a surrogacy journey with confidence, knowing that their interests are safeguarded throughout the process.
