In 2021, the New York General Assembly passed the Child-Parent Security Act (CPSA) which clarifies the legality of surrogate child bearing in the state and sets uniforms standards and procedures for the process.
The medical basics
Most surrogate pregnancies are begun with the creation of an in vitro fetus using an egg contributed by the intended mother or a sperm contributed by the intended father. The IVF fetus is then frozen and transferred to the surrogate mother. Other medical procedures may be required, depending upon the health of the surrogate mother.
The legal necessities
A couple contemplating surrogacy should first familiarize themselves with the terms of the contract they will be required to sign with the surrogate mother. The CPSA outlines the necessary terms, including an acknowledgement by the birth mother that she relinquishes all parental rights the moment a healthy baby is born.
An experienced attorney can be a significant aid to successfully completing a surrogate birth. The minimum contract must also contain a term that requires the intended parents to compensate the surrogate. The law specifies minimum requirements for the surrogate:
- She must be at least 21 years old.
- She must be a U.S. citizen or a lawful resident.
- She must affirm that she has not provided the egg for conception.
- She has given her informed consent to the process after being informed of the medical risks of embryo transfer.
The surrogate’s rights
It is the surrogate’s right to make all her own decisions about her health and welfare throughout the pregnancy and birth. The surrogate is entitled to have the intended parents purchase necessary health insurance that covers preconception care, prenatal care, major medical treatments, hospitalization and behavioral health care.
By understanding and following the procedures for surrogate births in New York, a formerly childless couple can easily add a healthy baby to their family.