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Talmud Law The Law Offices of Rebecca J. Talmud

Know the facts about gestational surrogacy agreements

On Behalf of | Sep 25, 2023 | Adoption

For New York couples who are having trouble conceiving a child or are physically unable, there are options available. One that can benefit the prospective parents as well as another person who is willing to help them have a child is gestational surrogacy.

With gestational surrogacy, a person who has no genetic connection to the prospective parents will carry the baby for them. This can be a positive arrangement with the gestational surrogate receiving financial benefit and the people who want a child achieving their objective of starting a family.

Still, there are important legal points to remember to avoid disputes that can be emotionally, personally and financially problematic. In the past, people have engaged in extended disagreements regarding parenthood and legal rights due to surrogacy. The law has sought to avoid that and give people a clear window into how gestational surrogacy works.

Understand the Child-Parent Security Act

The Child-Parent Security Act – also referred to as CPSA – was put in effect to make gestational surrogacy legal and to let the prospective parents establish parental rights. It has been in place for nearly three years.

Under this law, both parents and surrogates are legally protected. It has a Bill of Rights that lets surrogates choose their own path regarding health care. If, for example, they decide to terminate a pregnancy, they can do so. In addition, they will have full health care coverage. If one person is not biologically connected to the child, the CSPA streamlines the process to establish parenthood.

Once a surrogate is chosen, all parties undergo testing to ensure they are healthy. Each side will have their own legal representation. There will be a surrogacy agreement before any medical testing gets underway. The agreement goes into minute detail about what the sides are expected to do.

The embryo will be transferred so the surrogate can carry it. This is done through in vitro fertilization. Surrogates are entitled to have full insurance coverage from the start of the process and for one year after the end of the pregnancy. They are also given life insurance and disability insurance. They will receive compensation for legal fees they incur.

Surrogacy can be complex and protection is important

Both the surrogate and the parents should be prepared for this complicated process. CPSA was crafted to help everyone involved and to make sure there were no disputes about who the legal parents are. Each side should fully understand what type of agreement they are signing beforehand. It is a substantial commitment.

This is useful for myriad people who want to have a child and for one reason or another are unable to. For example, an LGBTQ family might need this arrangement. The contract needs to be completely clear with everyone knowing how gestational surrogacy works.

Since this law is relatively new in New York, it is wise to have comprehensive advice when considering this option. If there are minor or major disagreements, negotiation can be far more effective than litigation. From the outset, a firm grasp of this law and how it impacts gestational surrogacy is key.