Reassuring Legal Counsel For Biological Parent And Gestational Surrogates
Since the passage of the Child-Parent Security Act (CPSA) in New York in February 2021, legal gestational surrogacy agreements have expanded the pathways to parentage for many people. Same-sex couples, single men, and couples struggling with infertility may build families in our state with the help of gestational carriers.
At Talmud Law, we counsel and represent gestational carriers, biological parent surrogates and intended parents. The role of our attorneys is to help ensure our clients’ right to informed consent as well as legal protections covering a full range of “what-if” outcomes.
A Bill Of Rights For Gestational Surrogates – What About Biological Parent Surrogates?
The New York State Gestational Surrogates’ Bill of Rights, which is part of the CPSA, is explicit on many points involved in this type of surrogacy.
A gestational carrier is not to be the genetic or biological parent of an unborn child. Rather, the gestational carrier will fulfill a vital role by nurturing an embryo that may be formed from a donor egg or the egg of an intended parent. Likewise, the sperm that forms the embryo through in vitro fertilization (IVF) may be donated or may originate from an intended parent.
A biological parent surrogate, on the other hand, may carry a pregnancy for intended parents, typically by way of artificial insemination. This is also known as traditional surrogacy. Surrogacy contracts involving traditional or biological parent surrogates are not enforceable in New York. It is also illegal to compensate a biological parent for surrogacy services.
I Will Help You Understand Your Rights As You Follow Your Chosen Family-Building Path
At Talmud Law, we apply compassion as well as knowledge gained over many years of experience helping New Yorkers form new families through adoption. Using tailor-made legal strategies, we bring families together through the legal processes that pertain to their unique situations and purposes.
Whether you are an intended parent, a would-be gestational carrier or a biological parent surrogate or surrogate-to-be, our legal advice can help smooth the way along your chosen path. Whatever your family circumstances are, our lawyers can offer both legal and practical guidance focusing on your parental rights and any contracts that you enter into. For information about gestational surrogacy or second-parent adoption following a privately arranged biological parent surrogacy, please reach out to us by email or call 716-250-9302 for a consultation today.