State of the State: Legalizing gestational surrogacy

NY Capitol News
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ALBANY, N.Y. (NEWS10) — As part of his 2020 agenda, Gov. Andrew Cuomo wants to help bring parenthood to New Yorkers struggling with infertility and LGBTQ couples.

Gestational surrogacy is currently banned in New York State and does not clearly define who the legal parents are when a child is conceived via reproductive technology.

Cuomo’s proposal would establish criteria for surrogacy contracts as well as streamline the “second parent adoption” process.

The proposed steps to legalize gestational surrogacy are as follows:

  • Lift the State’s harmful ban on gestational surrogacy. Under current law, paid surrogacy is punishable by a fine, and unpaid surrogacy agreements are unenforceable and not legally binding.
  • Create the Surrogates’ Bill of Rights, which will guarantee the strongest protections in the nation for surrogates, ensuring the unfettered right of surrogates to make their own health care decisions, including whether to terminate or continue a pregnancy, and that surrogates have access to comprehensive health insurance and independent legal counsel of their choosing, all paid for by the intended parents.
  • Create legal protections for parents of children conceived by reproductive technologies such as artificial insemination and egg donation.
  • Establish criteria for surrogacy contracts to protect all parties in the process. 
  • Eliminate burdensome and often expensive barriers for “second parent adoption,” instead requiring a single visit to court to recognize legal parenthood while the child is in utero.

According to the Governor’s office, 47 other states permit gestational surrogacy.

Copyright 2020 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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