According to reporting from the Gotham Gazette, a group of New York legislators is pushing a bill that would end the state’s 27-year ban on paid surrogacy contracts. Known as the Child-Parent Security Act, the bill is making its way through the state legislature and, if passed into law, would both end the paid surrogacy ban and create a set of new legal protections for surrogates and would-be parents.
New York is an Outlier — One of Three States With Strict Paid Surrogacy Bans
In recent years, a number of different states throughout the country have reformed their surrogacy laws. While in decades past, surrogacy contracts were banned or restricted in much of the country, strict bans only remain in a few jurisdictions. Indeed, New York is now an outlier when compared to the rest of the country. As Syracuse family law attorney Richard J. Bombardo explains, “New York is one of only three U.S. states that currently have a general ban on paid surrogacy agreements. The other two states with similar bans are Michigan and Louisiana. Notably, New York’s ban is exceptionally strict. In fact, compensated surrogacy is currently criminalized in the state.”
The Law Would Open Up More Options for Would-Be LGBTQ Parents
There are would-be parents of all backgrounds who are pushing for surrogacy reform. However, some of the strongest support comes from LGBTQ community and LGBTQ rights organizations. A change would open up additional options for many would-be parents who are interested in using a surrogate. Non-biological parents in New York often must opt for adoption right now. In most cases, the adoption process is far more expensive than is paid surrogacy in other states.
With Support From Governor Cuomo, Surrogacy Reform May Pass
The Child-Parent Security Act was originally introduced in the New York State legislature back in 2015. However, it quickly stalled out, and the bill has not made any real progress in four years. Things may be changing. After the 2018 midterm elections, which shifted the state house in a more surrogacy friendly manner; the supporters of this bill have renewed hope that it can pass this year. In his 2019-2020 budget proposal, New York Governor Andrew Cuomo, for the first time, announced his public support for the bill.