Surrogacy Laws in New York
12/09/2022 @
Sharova Law Firm
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.
- Acknowledgment of Paternity in New York State (AoP)
- Gestational Surrogacy Agreement
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.
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.
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.
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