Gestational Surrogacy Dead for Now in NYS

State assemblymembers hesitate amid women’s rights concerns about gestational surrogacy in NY 

Efforts to pass gestational surrogacy in the NY State Legislature have withered in the lower chamber and Assembly Speaker Carl Heastie confirmed on June 20 that the bill is dead for now, citing concerns about women’s rights and fears of commercialization.surrogate lawyers, surrogate lawyer, surrogate attorney, legal surrogate, surrogate legal

Heastie, however, indicated that lawmakers and advocates would continue crafting the legislation in the coming months in such a way that would attempt to quell lingering reservations about the issue.

The movement to pass gestational surrogacy, which involves a surrogate carrying a baby who has no biological relation to her, became a key issue in the LGBTQ community’s efforts in Albany during the final months of the session because the current ban on compensated surrogacy in New York disproportionately affects same-sex couples. The measure passed the State Senate, but ran into roadblocks in the lower house, even as Governor Andrew Cuomo aggressively campaigned for the issue and enlisted the help of Bravo TV show host Andy Cohen, who had a baby son through surrogacy.

In the lower chamber, though, out lesbian Democratic Assemblymember Deborah Glick of Manhattan infuriated some in the LGBTQ community and drew cries of betrayal when she expressed hesitation on the measure after previously vowing support for it. She told The New York Times earlier this month that gestation surrogacy is “pregnancy for a fee, and I find that commodification of women troubling.” She also suggested that gestational surrogacy isn’t necessarily an issue for the wider LGBTQ community because many folks are unable to afford the tens of thousands of dollars to have kids that way.

But Democratic Assemblymember Amy Paulin of Westchester County, who led the bill in the lower house, told Gay City News with roughly one week left to go in the session that she was working to garner support for the bill. That effort never came to fruition.

“While there are strong feelings about surrogacy on all sides, I want to make it clear that no single member is in a position to stop this or any bill,” Heastie said on June 20 in a clear effort to spare Glick from being singled out. “Many members, including a large majority of women in our conference, have raised important concerns that must be properly addressed before we can move forward.”

He continued, “We must ensure that the health and welfare of women who enter into these arrangements are protected, and that reproductive surrogacy does not become commercialized. This requires careful thought. While our work for this session is nearly complete, I look forward to continuing this conversation in the coming months with our members and interested parties to develop a solution that works for everyone.”

Deborah Glick Key Hurdle on Gestational Surrogacy

Stonewall Democrats rip lesbian lawmaker Deborah Glick for betraying a pledge

Out lesbian Assembly member Deborah Glick of Manhattan is said to be pushing back against an 11th-hour push to legalize gestational surrogacy in New York, angering the Stonewall Democratic Club of New York City and others in the community just months after she told that club she supported the measure.Deborah Glick

Glick, who did not return multiple phone calls for this story, landed the endorsement of Stonewall in her re-election bid last year after telling the club in a questionnaire that she supported legalizing gestational surrogacy.

But she remained tight-lipped when reached by Gay City News on June 10 about her position on the bill, saying that she would need to call back, though she never did. She did not respond to multiple requests for comment at the time, but two days later told The New York Times — which reaches a broader audience — that gestational surrogacy amounts to “pregnancy for a fee, and I find that commodification of women troubling.”

The bill, which has been increasingly shrouded in controversy over women’s rights issues, now faces gloomy prospects in the lower chamber. Stonewall’s president, Rod Townsend, expressed disappointment over Glick’s apparent about-face and the bill’s loss of momentum after he expected it to pass this year.

“It’s been on our endorsement surveys for years and going back to 2014, no one seeking our endorsement has supported keeping the ban on the books,” Townsend told Gay City News. “To hear that Assemblymember Deborah Glick, a champion and member of our community, has reversed her stated support on the issue is a shock to our members.”

He continued, “Folks want to start their families without having to leave the state and jump through legal hurdles. We know and admire the assemblymember, and we feel betrayed.”

The bill cleared the State Senate under the leadership of out gay State Senator Brad Hoylman of Manhattan, who championed the measure in the upper chamber and issued emotional pleas for the legislation by sharing stories and photos of his own experience having two daughters through gestational surrogacy.

The issue heated up significantly in the final weeks of the legislative session, with Governor Andrew Cuomo intensively campaigning for it with multiple events in both New York City and Albany. The bill’s lead sponsor in the Assembly, Amy Paulin of Westchester, told Gay City News on June 10 that she and her colleagues were seeking to whip enough votes while simultaneously sweetening the pot with extra healthcare and legal protections for the women who would carry the babies.

Some have expressed concern that gestational surrogacy creates a class divide in which wealthier couples take advantage of lower-income women who serve as surrogates. Glick also told The Times that she is not certain that gestational surrogacy is an issue for the broader LGBTQ community, saying, “This is clearly a problem for the well-heeled,” a reference to the tens of thousands of dollars in cost associated with the process.

GayCityNews.com, by Matt Tracy

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Both Parents Are American. The U.S. State Department Says Their Baby Isn’t.

James Derek Mize is an American citizen, born and raised in the United States. His husband, who was born in Britain to an American mother, is a United States citizen, too.  Now the State Department is dictating the citizenship of their child.

But the couple’s infant daughter isn’t, according to the State Department.

She was born abroad to a surrogate, using a donor egg and sperm from her British-born father. Those distinct circumstances mean that, under a decades-old policy, she did not qualify for citizenship at birth, even though both her parents are American.

“It’s shocking,” said Mr. Mize, 38, a former lawyer who lives in Atlanta with his husband, Jonathan Gregg, a management consultant. The couple received a letter denying their daughter’s citizenship last month.

“We’re both Americans; we’re married,” Mr. Mize said. “We just found it really hard to believe that we could have a child that wouldn’t be able to be in our country.”

Their case illustrates the latest complication facing some families who use assisted reproductive technology, like surrogacy and in vitro fertilization, to have children. For years the techniques have set off provocative legal and ethical debates about what defines parenthood. Immigration and citizenship are the latest frontier in those debates.

At issue is a State Department policy, based on immigration law, that requires a child born abroad to have a biological connection to an American parent in order to receive citizenship at birth. That is generally not a problem when couples have babies the traditional way, but can prove tricky when only one spouse is the genetic parent.

The policy has come under intense scrutiny in recent months amid lawsuits arguing that the State Department discriminates against same-sex couples and their children by failing to recognize their marriages. Under the policy, the department classifies certain children born through assisted reproductive technology as “out of wedlock,” which triggers a higher bar for citizenship, even if the parents are legally married.

In one instance, a married Israeli-American gay couple had twin sons in Canada using sperm from each of the fathers. The biological son of the American received citizenship, but his brother, the biological son of the Israeli, did not. In February, a federal judge sided with the couple, calling the State Department’s interpretation of the immigration law “strained.” The department is appealing.

The government is also fighting a similar suit from a lesbian couple in London, who did not use a surrogate. One is American and one is Italian. They took turns conceiving and carrying their two children. Only the child born to the American mother was granted citizenship. Last week, a federal judge allowed the case to proceed, calling the family’s predicament “terrible” and “outrageous.”

More Than 100 Rabbis and Cantors Urge NY State to Legalize Surrogacy

The 118 Rabbis and other clergy members urged the passage of the NY Child-Parent Security Act, surrogacy.

The 118 Rabbis and other clergy members urged the passage of the NY Child-Parent Security Act  (surrogacy) in a letter Tuesday to the state’s House speaker, Carl Heastie, and Senate majority leader, Andrea Stewart-Cousins, both Democrats. Among the signatories are rabbis representing the Reform, Conservative and Orthodox movements.rabbis NY surrogacy

The bill, which has the support of Gov. Andrew Cuomo, would legalize paid gestational surrogacy, in which a woman is compensated to carry a child not conceived using her eggs. Proponents say it allows those facing infertility and LGBTQ couples to have children, while detractors say the practice is immoral. The measure also would ease the process through which parents who enlist a third party to conceive establish a legal relationship with the child.

The letter — organized by the Protecting Modern Families Coalition, an alliance of organizations in support of the legislation — references Jewish tradition in arguing for the bill’s passage.

“From birth to Bar/Bat Mitzvah, marriage, and burial, at the core of most of the major Jewish life cycle events is family,” it reads. “As rabbis, we know the visceral, central importance for so many of our congregants of building a family.”

Among the signatories are Rabbis Sharon Kleinbaum of the LGBTQ synagogue Congregation Beit Simchat Torah; Rick Jacobs, who heads the Reform movement; Dov Linzer, president of the liberal Orthodox Yeshivat Chovevei Torah rabbinical school; and Rabbi Avram Mlotek, an Orthodox rabbi who announced last month that he will perform same-sex weddings. The UJA-Federation of New York and the Central Conference of American Rabbis, the Reform movement’s rabbinical arm, also joined the letter.

The Jerusalem Post – JPost.com, BY JOSEFIN DOLSTEN/JTA, May 15, 2019

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Legal Basics for LGBTQ Parents

It’s never been easier for LGBTQ people to become parents.

We can now adopt and serve as foster parents in every state in the country. Thanks to advancements in assisted reproductive technology, otherwise known as ART, and innovative co-parenting and known-donor arrangements, we’re also having biological children in greater numbers. llgbtq parentingDespite this progress, a complex network of state laws, regulations and restrictions affect many of our most common paths to parenthood, meaning would-be LGBTQ. parents can face a far more complicated legal landscape than our straight counterparts. 

Legal concerns for LGBTQ people are generally impacted by three factors: the state you live in, your preferred path to parenthood and your relationship status. To gain a better understanding of each, I interviewed four experts at some of the country’s top LGBTQ legal and policy organizations.

THE GIST

  • Know the laws in your state; your legal outlook can vary widely depending on where you live. 
  • Your preferred path to parenthood (donor arrangements, adoption or fostering) will present you with a specific set of legal considerations. 
  • Other legal concerns arise depending on your relationship status: whether you’re single, in an unmarried relationship or married.
  • If you are not biologically related to your child, legal experts recommend taking steps to protect your legal status as a parent, even if you’re married to your child’s biological parent. 
  • Parenthood for LGBTQ people doesn’t always come cheap — but there are some ways to offset the costs. 
  • If you encounter obstacles, don’t give up. An experienced family lawyer is often familiar with legal workarounds, even in states with unfavorable laws for the LGBTQ community.

NYTParenting.com by David Dodge, May 7, 2019

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Italy won’t let gay dads register as co-parents to babies

Italy’s highest court of appeal ruled on Wednesday (May 8) that a gay dads cannot register as co-parents to their two children.

The gay dads from the northern Italy city of Trento Italy, who have not been identified, had their children in Canada with the help of an egg donor and a surrogate.Italy surrogacy

Both men are named as fathers on the children’s birth certificates but the top court ruled that only the biological father will be registered as a legal parent, while his partner will have to apply to adopt.

Surrogacy is illegal in Italy in all circumstances, including for heterosexual couples, and one politician even described it as a “sex crime.” It can be punished with up to two years in prison, but a legal grey area surrounds the status of couples who have children through surrogacy abroad—while gay dads in Italy  won’t be prosecuted, the legal recognition of their children is often fraught with legal challenges.

Alexander Schuster, a lawyer who helped to represent the family, expressed disappointment with the overall ruling and its understanding of surrogacy. However, he noted a silver lining in the way the ruling was more concerned with the matter of surrogacy than the parents’ sexual orientation.

“This is certainly positive, because it demonstrates that the legal problem did not depend on the fact that a gay couple was involved,” he told Italian newspaper La Repubblica on May 8.

According to The Local, Schuster also said that the family had a “high probability of success” if they took their case to the European Court of Human Rights.

The ruling may be in violation of the European Convention on Human Rights, specifically Article 8 (which grants the right to privacy and family life) and Article 14 (which establishes the prohibition against discrimination).

In 2018 a same-sex Polish couple in the same situation used these articles when taking their case to the European Court of Human Rights and won the right register both parents legally.

pinknews.com by Lily Wakefield, May 9, 2019

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Gay Dads and Stigmas

A new study finds that families with gay dads still face discrimination and stigma, especially in states and settings that offer fewer legal and social protections.

LGBTQ families

Public acceptance for gay marriage in America has grown since the Supreme Court legalized same-sex unions in 2013. By May 2015, a Gallup poll reported that 60 percent of Americans approved of gay marriage.

Despite that shift in attitudes, though, a recent Tufts study found that gay fathers still feel the brunt of stigma, experiences that the researchers linked to states with fewer legal and social protections for gays and their families.  

The study, a collaboration between Ellen Pinderhughes, professor of child study and human development at the Eliot-Pearson Department of Child Study and Human Development, and Ellen Perrin, professor of pediatrics emerita at the School of Medicine, analyzed survey responses from 732 men in forty-seven states, revealing how social contexts shape personal experiences of stigmatization. It was published last month in the journal Pediatrics.

“The key takeaway is that states’ legal protections do matter,” Pinderhughes said. “In states that provide more protections, the dads are experiencing less stigma.”

Pinderhughes said the most striking finding was that about 63 percent of respondents reported that they had experienced stigma based on being a gay father in at least one aspect of their lives. Half also reported that they had avoided situations out of fear of stigma in the past year. Forty percent of those who attempted to adopt a child said they faced barriers on their pathway to fatherhood.

More than 30 percent reported stigma in religious environments, and about one-fourth reported experiencing stigma in the past year from family members, neighbors, gay friends, and/or service providers such as waiters, service providers, and salespeople.

These encounters in settings “that are traditionally expected to be sources of support and nurturing is particularly troubling,” reported the researchers. “It is important for pediatricians caring for these families to help families understand and cope successfully with potentially stigmatizing experiences.”

To understand the influence of the social environment on responses, the Tufts researches used equality ratings that reflect each state’s lawsfor protection of LGBT families. They also used rankings of religious groups based on the explicit beliefs of each group regarding homosexuality and marriage equality.  

Among fathers who identified with a particular religion, the likelihood of having experienced stigma in a religious context was directly associated with the tolerance ranking of the religious group with which they affiliated. Almost one-third of respondents affiliated with a religious community had avoided such contexts in anticipation of stigma.

Pinderhughes said that the research also has implications on how to support gay fathers and their children. Increasing evidence, she said, links feeling stigmatized “with reduced well-being of children and adults,” including psychiatric problems.

Potentially harmful to families and children, stigma must be recognized and called out, she said. “We all have biases, and we must own them,” she said. And if one feels stigmatized, “you must resist it and learn how to arm yourself and your children against it.”

The Big Picture for Families

Pinderhughes and Perrin have been working together for more than ten years on their shared interest in sexual minority parents.

by Laura Ferguson, tufts.now.edu, March 11, 2019

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Twins Were Born to a Gay Couple. Only One Child Was Recognized as a U.S. Citizen, Until Now.

Aiden and Ethan Dvash-Banks are twin brothers who were born minutes apart.

But only one of them was considered to be a United States citizen by the State Department. A federal judge ruled this week that was a mistake.

The twins are the sons of two married gay men, an American citizen and an Israeli citizen. Aiden was conceived using sperm from his American father and Ethan was conceived using sperm from his Israeli father, court records show. A surrogate mother gave birth to the boys in Canada in 2016.

The family sued the State Department for denying Ethan citizenship, drawing attention to a department policy that says that a child born abroad must be biologically related to an American parent to become a citizen. Gay rights activists argued that the policy harms same-sex couples, who often use assisted reproductive technology to have children.

“Two kids who have almost identical life experiences and parenting,” said Aaron C. Morris, a lawyer for the family and the executive director of Immigration Equality, a legal advocacy group that worked on the case. “To treat them differently is absurd.”

In a ruling on Thursday, Judge John F. Walter of Federal District Court for the Central District of California said that Ethan should be recognized as a citizen since birth. The judge ruled that federal law does not require a child born to married parents to prove a biological relationship with both parents.

The State Department said in a statement on Friday that it was reviewing the ruling, but did not respond to questions about what it would mean for the policy going forward.

The twins, now 2 years old, were born to Andrew Dvash-Banks, an American citizen, and Elad Dvash-Banks, an Israeli citizen. The couple met in Israel and married in Canada in 2010 before having their sons with the help of assisted reproductive technology, according to their lawsuit.

After the twins were born, their parents went to the United States Consulate in Toronto to certify the children’s American citizenship and get United States passports. But they were told that the twins had to take a DNA test to prove a genetic connection to Andrew, the lawsuit said.

Ethan was denied citizenship because Andrew was not his biological father, according to a copy of a letter from the State Department included in the lawsuit.

by Sarah Mervosh, New York Times, February 22,2019

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Gay parenting ‘boot camp’ moves to Asia to meet growing demand from China


The world’s largest “boot camp” to help gay men become parents will stage its first Asia event next month to address growing demand for surrogates from China and the region, organizers said on Thursday.

Men Having Babies
Men Having Babies Chairman Emeritus, Anthony M. Brown, speaks
at the New York City Gay Parenting Conference.

New York-based non-profit Men Having Babies (MHB) stages events across the world to provide advice and support to all LGBT+ people who want to become parents and plans to stage its first annual Asian event on March 9-10 in Taipei, Taiwan.

“We have been witnessing over the last three years, a growing interest from Asia – mostly Chinese – intended parents coming to the United States for surrogacy,” said Ron Poole-Dayan, founder and executive director at MHB.

Socially conservative attitudes prevail across most of Asia where Myanmar, Malaysia, Singapore and Brunei outlaw sexual relations between men, and Indonesia has seen an increase in raids targeting LGBT+ people.

But changes are happening, with India moving to scrap Section 377 outlawing same-sex relations last year, and Taiwan this week proposing a draft law to allow same-sex marriage.

The issue of lesbian and gay couples having access to medically-assisted reproductive treatments like IVF has stirred political debate recently in several countries.

Many countries, including Canada, Denmark, New Zealand, and Britain, ban for-profit surrogacy, although they allow some form of surrogacy if no payment is involved. In the United States, the legality of surrogacy is determined by each state.

Gay couples are banned from applying for surrogacy in countries such as Nigeria and Russia.

Poole-Dayan, who has 18-year-old twins with his husband, began MHB in 2005 with monthly workshops giving advice to gay men interested in becoming biological parents and now holds about seven conferences a year.

The two-day events, which are held across the United States, Europe, Canada and Israel, have made MHB the largest “boot camp” for gay parenting in the world, said Poole-Dayan.

He said the internet was flooded with people trying to push surrogacy information but it was hard to know where to start so the two-day events involved surrogate mothers and egg donors, doctors, lawyers and local clinic representatives.

“Our conferences are not meant to persuade to become parents … they are meant for people who already want to become parents (and) to make the process more accessible and easier,” Poole-Dayan told the Thomson Reuters Foundation.

“People are starting to realize .. the fact that they’re gay doesn’t mean that they’re not going to be able to have a full life including starting a family and having children.”

Reuters.com, by Michael Taylor, February 21, 2019

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The Right Way to Legalize Surrogacy in New York State


New York State is on the brink of replacing an outdated and prohibitive law that criminalizes the practice of compensated surrogacy, one of only two states that does so.

Legislation to reverse the law has been introduced in both houses of the state Legislature, and Governor Cuomo has demonstrated support for it by including it in his Executive Budget.

As a law professor who focuses on gender equity, I’ve taken great interest in issues related to surrogacy in the United States and abroad. I’ve closely reviewed laws in multiple states as well as internationally and I support New York’s legalization of surrogacy.

When a woman chooses to support a couple or individual by serving as a gestational surrogate (where she is not genetically connected to the child because she did not contribute her egg), I believe she must have the autonomy to do so – provided she is protected by the law to ensure that any power imbalance between her, on the one hand, and the intended parents, surrogacy agencies and doctors, on the other hand, is mitigated.

The proposal the New York Legislature is considering and that Governor Cuomo is advancing, the Child-Parent Security Act, does protect surrogates in many ways. While the bill clarifies the parentage of all children born through third-party reproduction, here I focus only on how it legalizes and regulates gestational surrogacy arrangements.

Protections provided by the bill include: giving the surrogate the sole right to make decisions regarding her own health or that of the fetus or embryo she is carrying; giving the surrogate the sole right to terminate the pregnancy; and ensuring that the surrogate is represented by her own legal counsel. These types of commonsense protections are critical to creating a successful and effective program. If the New York Legislature passed the Child-Parent Security Act, New York’s law would be more protective of women who choose to be surrogates than laws in many other states.

Reexamining current law is long past due as technological advances and changes in acceptance of various family structures have made surrogacy much more commonplace. When lawmakers first implemented a ban on surrogacy in New York in 1992, they did so for several reasons that are less relevant today.

For example, when the restrictive New York law was enacted, there were ethical concerns about what was then nascent medical treatment — in vitro fertilization (IVF). Today, IVF is commonly-accepted as treatment for infertility and is also used in the gestational surrogacy process.

Despite the ban, today New Yorkers do work with surrogates to build families. They are just required to employ surrogates living in other states. This results in legal challenges, risks, and costs for the intended parents, including confusion regarding what laws are applicable to the situation.

GothamGazzette.com, February 21, 2019 by Sital Kalantry

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