Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, February 20, 2021

New Law Legalizes Paid Surrogacy in New York; Opens Up Options for Families

From Long Island Newsday:

Women in New York can be compensated for carrying babies that are not biologically their own under a law that goes into effect Feb. 15. Previously, intended parents had to go to other states to seek such help to grow their families.

The law was passed by the State Legislature on April 2, 2020, as part of the New York State budget and signed into law by Gov. Andrew M. Cuomo, capping a 10-year-effort by a coalition of New York attorneys, fertility organizations and LGBTQ rights groups, said Denise Seidelman, a Rockland County attorney who helped write the law. New York was one of only three states that fully banned compensated gestational surrogacy; the others are Louisiana and Michigan, she said.

The law requires that the baby not have any genetic relation to the carrier; in other words, it must be an intended mother’s egg or an egg or embryo from a donor, said Amy Demma, an East Hampton-based assisted reproductive technology attorney. The law sets out a Surrogates' Bill of Rights that ensures the surrogate is represented by her own attorney, has health insurance paid for by the intended parents and retains the ability to make decisions for the pregnancy.

Read more here. See a press release on the Act from New York Attorneys for Adoption and Assisted Family Formation (NYAAFF) here.

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