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Talmud Law, PLLC The Law Offices of Rebecca J. Talmud

Surrogacy and the importance of the Child-Parent Security Act

On Behalf of | May 23, 2022 | Uncategorized

In New York, having a child is a goal for many people. However, if they are unable to do so on their own, they will want to consider other options. While some will choose to adopt, others want to have a surrogate have the child for them. This is a legal avenue that has helped a great number of people achieve parenthood and build a family.

It can be a challenge if a young couple has decided they want to start a family and after trying, they discover there is a medical obstacle that is preventing it. Surrogacy is a way to have children and start the family they desire.

Still, there are potential problems that can arise if the law is not followed. People thinking about surrogacy – whether from the parents’ perspective or the surrogate’s – should be fully aware of the law. One fundamental law is the Child-Parent Security Act (CPSA).

What is the Child-Parent Security Act?

Under CPSA in New York, gestational surrogacy is a legal path for parents who want another person to have their baby for them. It has been in effect since February of 2021. The law keeps the parties informed as to how the surrogacy is progressing and provides them with informed consent. Through CPSA, surrogates are granted a Bill of Rights. This lets them make their own healthcare determinations throughout the pregnancy. That includes terminating the pregnancy, continuing it and giving them healthcare coverage and legal representation that they select. The prospective parents will pay for it. It streamlines the establishment of parenthood.

What is in a Gestational Surrogacy Agreement?

Once the parents have selected a surrogate, there is a screening process to check on their physical and emotional health. A Gestational Surrogacy Agreement will be forged before the medical process gets underway. In it, the rights and responsibilities are detailed. The sides will make various agreements with each other.

Medical coverage will be in effect the entire time from the start through one full year after the conclusion of the pregnancy. They will have disability coverage, life insurance, health insurance and be compensated for legal fees. People should be fully aware of the potentially exorbitant costs of surrogacy as it can run into the six figures.

Having a valid agreement is imperative with surrogacy

The CPSA is in place to prevent disputes and damaging custody fights over a child who was born through surrogacy. There have been prominent cases in the news in years past that highlighted how problematic this can be. Since it is so delicate a topic and people can become emotionally involved, it is important to adhere to the process, be fully prepared and know the law.

While most people understand that this is a legal agreement and the child will be raised by the family that sought the surrogate, it could spark a dispute and problems with following through. From the viewpoint of the surrogate and the parents, having professional assistance can be critical to achieving the desired outcome and solving any problem that arises. Before moving forward, everyone should be fully current on the laws and their rights.