Surrogacy Laws in New York

spousal-support

New York State recently legalized compensated gestational surrogacy, which is available to all residents of the state. The new law, known as the Child-Parent Security Act, went into effect on February 15, 2021.

Traditional compensated surrogacy is still illegal in New York and is a criminal offense

 

Child-Parent Security Act

Child-Parent Security Act (CPSA) is a New York State law that legalizes gestational surrogacy and provides an easy way to establish legal parental rights for parents who rely on assisted reproductive technology (ART) to have children.

What is the purpose of CPSA: 

  • It establishes legal criteria for a gestational surrogacy agreement;
  • Provides reliable legal protection for parents and surrogate mothers;
  • Bill of Rights for Surrogate Mothers. Guarantees and entitles surrogate mothers to make decisions about their health, terminate or continue pregnancy, as well as the right to have a comprehensive health insurance policy and an independent lawyer of their choice, paid by the intended parents. And also guarantees the receipt of compensation for surrogacy maternity;
  • Creates a simplified process for establishing paternity when one of the individuals is not the biological parent;
  • Married or unmarried couples, heterosexual and same-sex couples, and single parents are guaranteed to become the sole legal parents of their child.

 

Basic legal requirements for a surrogate mother in New York: 

  • At least 21 years old;
  • US citizenship or lawful permanent residency;
  • A New York State resident for at least 6 months if at least one intended parent is non-resident;
  • Obligatory medical examination;

 

Basic legal requirements for an intended parent in New York: 

  • One of the intended parents must be a US citizen or a legal permanent resident;
  • One of the intended parents must have lived in New York State for at least six months.

 

The CPSA introduced new documents to amend the birth certificate: 

  • Acknowledgment of Paternity (AoP);
  • Gestational surrogacy agreement;
  • Order of paternity.

 

  1. Acknowledgment of Paternity in New York State (AoP)
  2. A judgment to establish paternity prior to the birth of a child may be obtained at any time after the parties have entered into an agreement to have a child, in accordance with the New York State Family Court Law.

    The surrogate mother will fill out all the necessary paperwork at the hospital prior to delivery and it will then be sealed by the Ministry of Health. After the birth of the child, the names of the parents will be included. It can take approximately 6-9 months after the birth to receive a birth certificate with the names of the parents.

  3. Gestational Surrogacy Agreement
  4. The surrogacy agreement describes the rights and obligations of the surrogate mother and the intended parent or parents.

    There are specific requirements for an agreement that are mentioned in New York State Law.

    Proper fulfillment of all the requirements of the agreement in accordance with the law is ensured by a surrogacy lawyer. It guarantees that the agreement will be legally correct and enforceable, and will protect the interests and rights of all parties to a full extent.

 

Order of Paternity

A petition for a determination of paternity or non-paternity for a child conceived by assisted reproduction may be initiated in the Family Court with the assistance of a surrogacy attorney.

 

Surrogacy Attorney in New York

In New York, all parties must have an independent New York-based attorney to represent them throughout the surrogacy process.

A New York Surrogacy Attorney will draft and assist in negotiating a surrogacy agreement between Intended Parents and Surrogate Mother, referring to the full legal requirements set out in New York State law.

The surrogacy agreement will outline all the stages of surrogacy, the risks and responsibilities of each party, payment terms, and other conditions.

 

spousal-support

65 years of combined legal experience!

  • We advise on all issues of surrogacy contract;
  • Assist with obtaining the necessary legal documents;
  • Draw up a surrogacy agreement;
  • Help to register a child after his birth;
  • Provide legal assistance in obtaining compensation in case of violation of the surrogacy contract;
  • We provide legal support throughout the entire process of surrogacy maternity.

Yelena Sharova Law Firm of is a full-cycle firm providing a wide range of services to clients in need of reliable and efficient legal services.

Contact us for a free consultation at any time convenient for you.

Contact number: +1(212)321-0741.

We appreciate the confidence given to us by our clients, therefore we are available for you 24/7

 

 

New York, NY Civil Litigation Lawyers

Civil Appeal Attorney

Assistance in loan obtaining

Top-rated civil litigation law firm in New York — Sharova law


Comments

    SEVEN REASONS TO CONTACT US NOW
    1

    WE WILL FIGHT FOR YOUR VALUES

    No two clients are the same. We provide each client meticulous individualized attention to clearly define the values that need protection and the objectives to pursue.

    2

    FOCUSED DISPUTE RESOLUTION

    We understand that time is a valuable resource and that legal battles are often disruptive to peoples’ lives. We focus on clients’ values and goals to resolve cases efficiently and expeditiously.

    3

    ZEALOUS COURTROOM ADVOCACY

    Our attorneys are all experienced, with at least a decade of practice and thousands of hours in the courtroom. We use this experience to prepare a focused legal strategy for even the direst cases.

    4

    WE SPEAK YOUR LANGUAGE

    Our attorneys and staff reflect the cultural fabric of the New York City Metro area. When facing a difficult legal challenge, it is important to have somebody that understands you. Наши адвокаты говорят на русском. Se Habla Español. 저희 변호사들은 한국말 합니다 אנחנו מדברים עברית

    5

    24-HOUR EMERGENCY SERVICE

    Our office always has dedicated staff on-call for a legal emergency. We are ready for the unexpected.

    6

    COMPREHENSIVE LEGAL SERVICES

    “When the only tool you have is a hammer, you tend to see every problem as a nail.” Our attorneys collaborate across conventional practice areas to provide fresh insight and creative approaches to our clients’ problems

    7

    CARING AND AFFORDABLE REPRESENTATION

    Solving problems requires being accessible. Our clients are in constant communication with their dedicated attorney. We also provide clients constant access to their case records and documents through a secure online portal. We believe that ordinary people should be able to afford competent legal services. Our rates are very reasonable compared to similarly situated attorneys.