New York’s surrogacy laws may get a major update to be more inclusive of queer families – Child Parent Security Act

A broad coalition of organizations has come together to support the passage of the Child Parent Security Act this year.

The Child Parent Security Act would change New York law, allowing for better protections for those using modern reproductive strategies such as in vitro fertilization.

The law would legalize the right to use paid surrogates in the state. At current, New York only allows unpaid surrogacy while also declaring invalid any contracts between surrogates and parents. This puts both parents and surrogates at risk

“New York is known as a place where every type of family is welcome. Unfortunately, our state’s progressive ideals fall short when it comes to supporting LGBTQ people and so many others who want to become parents,” said Family Equality Council CEO Rev. Stan J. Sloan.

“New York’s outdated laws lag far behind most other states in easing the burden for families who rely on assisted reproductive technology to become parents. Fifty years after Stonewall, it’s time to protect all New York families.”

Calling themselves the Protecting Modern Families Coalition, the group is advocating on behalf of families who rely on medical advances to have families. The push to support the passage of the Child Parent Security Act is their first formal act.

The Family Equality Council formed the council. It is made up of eleven groups, including LGBTQ advocacy groups such as the Human Rights Campaign and Lambda Legal, plus other organizations like the American Society for Reproductive Medicine and the Union Theological Seminary. 

New York banned the use of paid surrogates in 1992, a reaction to New Jersey’s “Baby M.” case where a surrogate mother, Mary Beth Whitehead, had a change of heart and asserted her parental rights. The court ruled that the surrogacy contract Whitehead entered into with William and Elizabeth Stern was invalid. 

In the years since that case, both medical advances and societal change have driven a new look at surrogacy. The New York Department of Health’s Task Force on Life and the Laws recommended that the law be changed in December of 2017.

Anthony Brown

Anthony Brown

Attorney and Advocate at Time For Families
Who am I? On the deepest level, I am blessed. I have an amazing partner, who I have known since 1989 and been married to since 2004. I am the donor dad of two beautiful daughters who have two moms who are equally amazing. My husband and I have expanded our family through surrogacy and have a seven-year old son. I have had three careers (acting, massage therapy and the law) and I am still discovering myself. I am the Board Chair of Men Having Babies. The one thing I know for sure is that life is about trusting your instincts. Family is an instinct.
Anthony Brown

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