New york surrogacy law

New York has recently updated its surrogacy laws, effective February 15, 2021. Here's an overview of the new laws:

Key Changes:

  1. Legal Recognition of Surrogacy: The new law recognizes surrogacy as a legal and ethical means of building families.
  2. Written Agreements: Surrogacy agreements must be in writing and signed by all parties involved, including the intended parents, the surrogate, and her partner (if applicable).
  3. Independent Counsel: The surrogate and her partner (if applicable) must have independent legal counsel to review and advise them on the agreement.
  4. Medical and Psychological Evaluations: The surrogate and her partner (if applicable) must undergo medical and psychological evaluations to ensure they are emotionally and physically capable of carrying a pregnancy.
  5. Compensation: The surrogate is entitled to reasonable compensation for her expenses and services, which must be specified in the agreement.
  6. Parental Rights: The intended parents will be considered the legal parents of the child from birth, and the surrogate will have no parental rights or responsibilities.
  7. Adoption: The child will not need to be adopted by the intended parents, as they will be considered the legal parents from birth.

Other Requirements:

  1. Disclosure: The intended parents and the surrogate must disclose their medical and genetic information to each other.
  2. Insurance: The intended parents must obtain insurance coverage for the surrogate's medical expenses related to the pregnancy.
  3. Counseling: The surrogate and her partner (if applicable) must receive counseling to discuss the emotional and psychological implications of surrogacy.
  4. Termination of Pregnancy: In the event of a pregnancy termination, the surrogate must receive counseling and support.

Penalties for Non-Compliance:

  1. Civil Liability: Parties who fail to comply with the law may be held civilly liable for any damages or harm caused to the surrogate or the child.
  2. Criminal Penalties: Intentional violations of the law may result in criminal penalties, including fines and imprisonment.

Benefits:

  1. Increased Access to Surrogacy: The new law aims to increase access to surrogacy for individuals and couples who may not have been able to pursue it previously.
  2. Improved Protections: The law provides additional protections for surrogates, including independent counsel and medical and psychological evaluations.
  3. Simplified Process: The law simplifies the surrogacy process by eliminating the need for adoption and providing a clear legal framework for surrogacy agreements.

It's essential to note that while the new law provides a framework for surrogacy in New York, it's still a complex and highly regulated process. It's recommended that individuals and couples seeking surrogacy services work with licensed professionals and legal experts to ensure compliance with the law and protect their rights and interests.