Surrogacy Agreements and Reproductive Rights

New York Reproductive Lawyers

The Child-Parent Security Act, passed in April of 2020, is a comprehensive piece of legislation that details legal parentage and rights for surrogates in situations involving third-party reproduction. The CPSA covers assisted reproduction, surrogacy agreements, IVF, and public health law.

Parents considering assisted reproduction or a surrogacy agreement should be aware that despite the changes to New York reproduction laws, the process of surrogacy and IVF is still complex. Those considering surrogacy should seek legal counsel from a qualified reproduction attorney.

Call Eiges & Orgel, PLLC at (347) 848-1850.

Background and Basics of the CPSA

The CPSA was a monumental effort undertaken by a group of New York attorneys, hormone specialists, and the Protecting Modern Families Coalition. Previously, there were few outright protections for surrogates and very little legislation regarding egg donation and In Vitro Fertilization (IVF) which is the implantation of a frozen, fertilized egg. 

The Legislature of New York addressed these issues by including protections for surrogates and recommendations to doctors to ensure ethical medical practice during assisted reproduction.

Assisted reproduction occurs when the child is born by implanting a frozen egg, into a surrogate. CPSA legalizes surrogacy through IVF and established parental rights for parents who rely on it to have children. Before 2020, New York was one of only three states that did not legalize IVF for surrogates. This posed a problem for many parents, particularly LGBTQA+ parents who had to endure invasive and expensive evaluations to ensure that both parents and the child would have a legal parental relationship.

The Child-Parent Security Act is a landmark piece of legislation for New York, and it serves as a model to the rest of the United States.

What Does the CPSA Do?

The Child-Parent Security Act provides protections for surrogates and parents in New York when they enter into a surrogacy agreement. For the parents, this means they have a legal relationship with their child from the moment of birth.

Same-sex parents no longer have to undergo demeaning requirements for legally enforceable parenthood. For example, the partner giving birth in a lesbian couple can be named the legal parent of their child immediately after birth regardless of whether they are married. Single women who rely on sperm donors to create a family now have the certainty of secure, legal parenthood.

The CPSA protects surrogates by providing a series of best practices for families, doctors, and attorneys in New York. Essentially, the surrogate has the right to make health and welfare decisions throughout the pregnancy.

Other protections for surrogates under the CPSA include the following:

• Independent legal counsel
• A health insurance policy that covers prenatal care, major medical treatments, hospitalization, and behavioral health care during the pregnancy and 12 months after
• Psychological counseling
• A right to life insurance policy that takes effect before treatment and is valued at $750,000 or the maximum amount they would qualify for – whichever is lower
• The right to walk away from the agreement before the pregnancy without penalty

The intended parent(s) cover all of the expenses. The CPSA also assures soon-to-be parents in New York that the surrogate is healthy and capable of carrying the child to term. These rules protect each party involved in the surrogacy process.