For those unable to have a child biologically or for those looking for a different biological option, surrogacy is often the solution. And, our state helps those who want to utilize this option to become parents.
New York’s Child-Parent Security Act
New York’s Child-Parent Security Act modernized family-building by legalizing compensated gestational surrogacy and creating a clear pathway to establish parentage. The law, effective Feb. 15, 2021, added Article 5-C to the Family Court Act to address parentage through assisted reproduction and surrogacy agreements and to standardize court procedures for pre- and post-birth orders.
The CPSA draws a bright line between gestational surrogacy, in which the carrier has no genetic link to the child, and genetic surrogacy, which remains restricted. It also codifies a Surrogate’s Bill of Rights guaranteeing independent New York-licensed counsel for the surrogate, control over her own health-care decisions, comprehensive health insurance paid by the intended parents and the right to withdraw from the agreement before pregnancy.
First steps
Intended parents typically work with a Department of Health-licensed program, undergo medical and psychological screening. With the surrogate, these future parents negotiate a detailed agreement that addresses compensation, risk allocation and decision-making. Finally, this is followed by a petition for a parentage order using standardized forms provided by the courts.
For intended parents, the CPSA offers a predictable framework. However, success still depends on planning. Engage separate experienced counsel for each party, confirm insurance compliance early and map the timeline from screening and contract to pre-birth orders so the hospital and pediatric providers have the right documents at delivery.