New York May Soon Reverse 1992 Ban on Having Children Through Surrogacy

New York is one of only two states in the country to criminalize surrogacy...

New York May Soon Reverse 1992 Ban on Having Children Through Surrogacy

By Lisette Voytko

[…a four-year-old bill in Albany…] would not only legalize surrogacy but add protections for surrogates, including health insurance provided by the intended parents. Called the Child-Parent Security Act and sponsored by Senator Brad Hoylman, a Manhattan Democrat, and Assemblymember Amy Paulin, a Democrat from White Plains, the bill aims to repeal the state’s 1992 ban on surrogacy, which specifically prohibits parents from hiring or compensating a person for carrying a child to term for them.

Bans in New York and elsewhere, many since reversed, came soon after a famous 1980s case. In 1985, Mary Beth Whitehead of New Jersey agreed to be a surrogate for a male-female couple and do so using her own egg, as the wife in the couple was diagnosed with multiple sclerosis. Whitehead was paid $10,000 for her role in the pregnancy, but after the birth decided to keep the baby and return the money. Conflict ensued, turning the incident into the famous ‘Baby M’ case, in which New Jersey’s Supreme Court ruled that paying women to bear children was illegal. Since then, surrogacies across the country have been gestational, meaning both a donor egg and donor sperm were used.

Marc Solomon, an LGBT activist who spent 15 years working on marriage equality, is overseeing a campaign in support of the Child-Parent Security Act through the Family Equality Council, a nonprofit organization.

Solomon mentioned ways in which lesbian parents or single women are not protected under current New York law, such as non-biological parents having to go through a costly adoption process to be legal parents of their children. Single women, according to Solomon, have no legal recourse if they have a child with a known (non-anonymous) sperm donor, as the donor could sue for custody of the child. Both of these scenarios would be avoided with the passage of the bill.

If the bill passes, it would allow non-biological parents to go through the court to get a certificate stating their legal parentage of a child carried by a surrogate. “[The bill] would put New York in the caliber of states that it’s usually associated with, like California, Washington state, Connecticut, other progressive states where surrogacy is allowed under certain circumstances, where everyone is protected,” said Solomon.

The bill was originally introduced in 2015 and, according to Paulin, could not pass the state Senate due to the Republican majority, which acted as a counterweight and oppositional force to the Assembly Democratic majority for most of the past several decades, until this year. Senate Minority Leader John Flanagan’s office did not respond to multiple inquiries for comment for this story. With the Senate now controlled by Democrats after last year’s elections and Democratic Governor Andrew Cuomo showing support for the bill in his 2019 state of the state policy book, the chances of it passing are greatly improved as the spring legislative session moves ahead.

Read more: New York May Soon Reverse 1992 Ban on Having Children Through Surrogacy

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