The Latest Study on Regulation of Compensated Gestational Surrogacy in New York

The Latest Study on Regulation of Compensated Gestational Surrogacy in New York

The Latest Study on Regulation of Compensated Gestational Surrogacy in New York underscores the need to pass this legislation and shows that it would provide the most comprehensive protections for gestational carriers in the US.compensated gestational surrogacy

This report on the regulation of compensated gestational surrogacy in New York, issued in March 2020 to the New York State Legislature by Weill Cornell Medicine and the Cornell Law School is one of the most comprehensive reports of its kind and leads the reader to now other conclusion but that New York’s pending legislation, The Child Parent Security Act, would be the most protective of gestational carriers, or surrogate mothers, of any piece of legislation in existence in the US.  Surrogacy legislation  can be ethical and comprehensive.

To quote from the article, “The trend among state legislatures in the United States is to permit rather than prohibit compensated gestational surrogacy. Since 2000, fifteen states and the District of Columbia have acted to explicitly permit compensated gestational surrogacy. On the other hand, only four states have taken a prohibitive approach since 2000 and two of those states permit uncompensated gestational surrogacy.”

“In forty-four states there is no prohibition on surrogacy by statute or there is explicit or implicit permission. Even in the six states that have statutes that appear to prohibit surrogacy, courts have granted pre-birth orders to intended parents and have issued other pro-surrogacy decisions. Consequently, surrogacy in varying ways, including by approving pre-birth orders.”

“In sum, the health and medical literature does not weigh in favor of continuing to prohibit gestational surrogacy in New York. There are generally no disparate health outcomes for gestational carriers as compared to non-gestational carriers using assisted reproductive technology (ART) nor are their disparate health impacts on children. Additionally, there are no disparate psychological impacts on gestational carriers as compared to women who have had spontaneously conceived pregnancies. States across the country are moving to legalize and regulate gestational surrogacy in the last decade.”

March 20, 2020 by Cornell Weill Medical Center and Law School 

Click here to read the entire article.

NYS Lawmakers Reviving Paid Gestational Surrogacy Push

Will Cuomo’s help prove key in opening up option, gestational surrogacy, important to gay couples?

The contested effort to legalize compensated gestational surrogacy in New York State is underway again after the legislative push faltered last year in the face of criticism from a wide range of voices, including out lesbian Assemblymember Deborah Glick of Manhattan.Glick betrayal

Governor Andrew Cuomo, who was among the chief backers of the bill last year, has included gestational surrogacy on his State of the State agenda for 2020 — which he will lay out in a January 8 address — signaling his steadfast intentions to prioritize the legislation this year.

The lawmakers who carried the bill last year, out gay State Senator Brad Hoylman of Manhattan and Assemblymember Amy Paulin of Westchester, are also moving ahead with plans to revive the legislation this year.

New York is one of the few remaining states with an outright ban on paid gestational surrogacy, which entails a prospective parent or parents compensating a person to carry a baby who is not biologically related to the carrier. Hoylman, who led the bill to passage in the Senate last year, has two children through gestational surrogacy with his husband, David Sigal.

Hoylman and other lawmakers have touted the legislation’s bill of rights that they say boasts the strongest protections in the nation for surrogates and requires parents to cover all medical and legal fees for them. The bill would also address the “second parent adoption” process by removing remaining barriers couples could face to the non-biological parent’s rights regarding their child.

Despite clearing the Senate in 2019, the legislation encountered resistance in the Assembly, where Glick blew off her previous commitment to support it and instead was among the critics arguing that women carrying the babies could be exploited and that the expensive surrogacy process is essentially available only to wealthy prospective parents who can fork over tens of thousands of dollars to have children that way.

The legislative effort was ambushed on multiple fronts. Opponents included voices as disparate as longtime feminist leader Gloria Steinem, the Catholic Church, and trans-exclusionary radical feminists (TERFs), a group of transphobes who have emerged primarily from the United Kingdom aggressively opposing transgender rights, surrogacy rights, and sex work decriminalization. The transphobes hijacked a City Hall rally opposing sex work decriminalization last year, holding up a sign that read, “NO to the sex trade, surrogacy, and transgende­rism.”

In the final days of the 2019 legislative session late last spring, Paulin told Gay City News she was still trying to whip votes for the bill in a last-ditch effort that proved unsuccessful. On June 20, after the bill had died for the session, Assembly Speaker Carl Heastie said, “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 stressed the importance of prioritizing the “health and welfare” of women and said he looked forward to “continuing this conversation in the coming months.”

How exactly lawmakers plan to address those concerns is not clear this early in the year, but Paulin and Hoylman told Gay City News on January 2 that they are continuing to work with advocates and legislators to bolster the bill. Paulin, noting an example, pointed to the rigorous medication and hormone treatment that the women who are egg donors in the surrogacy process must adhere to. She said she is in touch with experts to navigate the best path forward in addressing those concerns.

GayCityNews.com, by Matt Tracy, January 3, 2020

Click here to read the entire article.

‘Men Having Babies’ to Make Case for New York Surrogacy Reform

New York Surrogacy Reform – Come this Friday to hear how Men Having Babies and other advocates plan to pass surrogacy reform in NY.

Since it’s very first meeting in the form of a 2005 support group for biological gay dads and dads-to-be, Men Having Babies (MHB) has been advocating and educating folks on surrogacy. This has taken place in the form of many elements including conferences for those considering surrogacy, their Gay Parenting Assistance Program which helps fund many gay men undertaking the expensive surrogacy journey to fatherhood, and their extensive directory and review system on surrogacy agencies and clinics.New York surrogacy reform

MHB has recently moved further to make their conferences a meeting place for committed surrogacy and gay parenting supporters, including parents, surrogates, researchers, professionals, and policymakers by creating the Advocacy and Research Forum for Surrogacy and LGBT Parenting (ARF). The New York surrogacy reform program is part of this effort.  The program provides opportunities for formal and facilitated discussions about topics and developments relevant to parenting through surrogacy and / or by LGBT parents.

Now, in the aftermath of the stalled Child Parent Security Act (the CPSA bill), which was set to reverse the ban on compensated surrogacy in the state of New York, Men Having Babies have gone a step further. As part of the ARF initiative, this Friday November 8 in New York City, Men Having Babies welcomes folks to join them at an open to the public event: The Case for NY Surrogacy Reform. [with the link]

As part of the ARF initiative, this Friday November 8 in New York City, Men Having Babies welcomes folks to join them at an open to the public event: The Case for NY Surrogacy Reform.

“While we think it is the most comprehensive and thoughtful surrogacy legislation ever drafted, the CPSA also faced criticism and claims that not enough discussion has taken place about ethical concerns,” said Ron Poole-Dayan, the Executive Director of Men Having Babies. His response, along with others, was to create Friday’s event and “to offer historical and international perspectives on this debate, a review of relevant research findings, and a thorough analysis on how we think the proposed surrogacy legislation addresses core ethical issues and essential best practices,”

For the event this Friday in New York City, Men Having Babies has partnered with RESOLVE: The National Infertility AssociationFamily Equality CouncilStonewall Democrats of NYCThe Academy of Adoption and Assisted Reproduction Attorneys, and Equality NY among others. Together, they’re assembling more than 30 speakers, and their goal is to contribute to an informed public debate on the issue, and bring in “a wide range of perspectives from surrogates, their young adult children, children born through surrogacy, academic researchers, representatives of national community organizations and international human rights organizations, and legal, mental health and medical experts.”

Organizers are inviting lawmakers, community activists, professionals, academicians, students, parents and prospective parents to listen and offer feedback. More than 100 already registered.

The Senate passed the CPSA earlier this year, and it is likely to come up for a vote in the Assembly later this legislative season.

Gayswithkids.com, November 6, 2019

Click here to read the entire article.

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.