Establishing a surrogacy arrangement in New York

Establishing a surrogacy arrangement in New York

| Aug 19, 2020 | Firm News

Like many other New Yorkers, you aspire to start a family. While this may seem like a normal life goal, it has not been an easy road for you. You have reached a point where you are seeking other options, as it has become clear that you will not be able to carry your own child. Because you are not ready to consider adoption at this point, your next step is surrogacy. However, you are faced with many questions and fears with this process, as you want to ensure you are protected throughout the process and your rights to the child are preserved.

The right to surrogacy in New York

Earlier this year, a bill was passed in the state of New York that legalized paid surrogacy in the state. This means that infertile and same sex could now enter into a legal contract and compensate a woman to carry a baby to term after being impregnated through in-vitro fertilization. Prior to this, New York was one of three states that banned this practice.

This law not only provides this right to parents to have children through surrogacy, but it also created protections for the surrogates. This bill ensured that the surrogates will have the right to make their own health care decisions. This includes the decision to continue the pregnancy or terminate it. Additionally, the law also ensures that all surrogates in the state have access to comprehensive health insurance as well as independent legal counsel of their own choosing paid for by the intended parents.

Finally, this bill also streamlined the process by only requiring only a single visit to court to have their parentage legally recognized. Once all the requirements set by the law are met, the intended parents can seek an order of parentage from the court, which will become effective immediately at the time of the child’s birth.

Obtaining a gestational surrogacy arrangement

It can be difficult to find a surrogate that is right for you, which is why much care needs to be taken with this arrangement. Entering into an agreement could help establish legal protections for both parties, helping them feel more comfortable and secure. Those considering this arrangement or are in the middle of establishing one should understand their rights and options when it comes to making this a successful experience.