Starting your surrogacy journey brings both excitement and questions about your legal rights as parents. Fortunately, since the Child-Parent Security Act (CPSA) took effect in February 2021, New York’s laws offer clear protections to secure your relationship with your child from the very beginning.
The pre-birth process
Taking steps to establish your legal parentage starts well before your baby arrives. You must work with your attorney to file important court documents during pregnancy. These documents inform the court about your surrogacy arrangement and your intention to become your child’s legal parents. The process helps prevent any confusion or delays when your baby arrives.
Your rights during pregnancy
As intended parents, you can actively participate in prenatal care and important medical decisions. The law recognizes your connection to your child throughout the pregnancy, allowing you to attend medical appointments and stay involved in your baby’s development. Your surrogate maintains her right to make decisions about her own healthcare while honoring your role as intended parents.
Securing your parentage
New York courts now issue pre-birth orders, which officially recognize you as your child’s legal parents. This means the hospital will list both intended parents on the birth certificate right from the start. Whether you have a genetic connection to your child or not, the law protects your parental rights equally. Same-sex couples, single parents and heterosexual couples all receive the same legal protections.
After your baby arrives
Once your baby is born, you can take them home and begin your life together without additional legal procedures. Unlike past requirements, you will not need to complete an adoption or spend months finalizing your parental rights. The pre-birth order makes your legal parentage immediate and permanent.
Moving forward with confidence
Understanding how the law protects your parental rights in surrogacy can help you focus on preparing for your baby’s arrival. New York’s clear legal framework supports your growing family, allowing you to embrace the joy of becoming parents. Early legal guidance can transform this complex process into a smooth journey, letting you focus on what matters most – preparing to welcome your child.