Child-Parent Security Act: Doing Our Part

PHOTO: Twitter/ @SenatorBiaggi

We have great news! The Child-Parent Security Act (CPSA) has officially been passed in New York!

After a multi-year campaign, with the creation of a strong coalition led by the Family Equality Council, The Child-Parent Security Act (CPSA) has officially been passed in New York! This means that New York law has been altered to legalize gestational surrogacy! Now there will be a simple path to legal parenthood for non-biological parents. Simple Surrogacy is proud to have been a major financial contributor to the cause of getting this bill passed in New York.

This law does more than just lift the surrogacy ban in New York, it also allows members of the LGBTQ+ community, people struggling with infertility, cancer survivors, and more, to have access to easy and less expensive legal parentage. This legislation will also provide a “surrogate’s bill of rights” which will set a new standard for the protection of surrogates nationwide. The final law is also gender-neutral throughout. This means that it doesn’t strictly call a surrogate a woman, instead it refers to surrogates as “the person acting as a surrogate.”

Keep reading to learn more about the Child-Parent Security Act and how Simple Surrogacy helped do our part to make it happen!

What is the Child-Parent Security Act?

The Child-Parent Security Act was signed into law by Governor Andrew Cuomo on April 3rd, 2020 in New York. This new law legalizes gestational surrogacy and provides a way for parents to establish legal parental rights after using assisted reproductive technology (ART) to have children. It will officially take effect on February 15th, 2021.

Since 2012, many people have been campaigning to help reform the parentage laws and gestational surrogacy laws in New York. Family Equality formed the Protecting Modern Families Coalition in 2018 and began working with members of office and making strides to reform the outdated parentage laws.

Parentage Law and Surrogacy in New York State

Up until the passage of the Child-Parent Security Act, gestational surrogacy was illegal in New York state and violations could be met with criminal sanctions.

Beyond gestational surrogacy, the laws in New York made it difficult for parents to establish legal parental rights with their children. This was especially difficult for same-sex families or families that used Assisted Reproductive Technology (ART) to form their families. This resulted in many families undergoing home studies, court-ordered adoptions, and other invasive and expensive legal proceedings.

The Child-Parent Security Act gives families these protections and also serves as an outline for the rest of the country to follow. Even in other states where surrogacy is legal, the lack of legislation surrounding gestational surrogacy contracts can make the process longer, more difficult, and harder for families to have legal relationships with their children who are born with assisted reproduction.

How Does the Child-Parent Security Act change New York Law?

The Child-Parent Security Act changes the New York law by outlining a list of best practices for the American Bar Association as well as the New York Health Department’s Task Force on Life and Law. The Child-Parent Security Act:

• Ensures that intended parents have a secure legal relationship with their child from the moment of birth when a third-party is required to conceive
• Legalizes gestational surrogacy that meets the best practices criteria outlined in the law
• Eliminates the requirement for time-consuming, expensive, and stressful legal procedures to become legal parents
• Allows single women who need a sperm donor to build a family and secure legal parenthood

Protections for Surrogates: The “Surrogate Bill of Rights”

Within the Child-Parent Security Act, there is a list of best practices that help to protect gestational surrogates. This “Surrogate Bill of Rights” allows the surrogate to:

• Make all health and welfare decisions in regards to their pregnancy or themselves
• Have their own independent legal counsel that is paid for by the intended parent(s)
• Have a comprehensive health insurance policy for the duration of the pregnancy and for 12 months after birth
• Have access to psychological counseling to address anything that arises as a result of their participation in the surrogacy arrangement
• Have the right to a life insurance policy that is valid prior to treatment and for 12 months after the end of the pregnancy
• Have the right to walk away from an agreement prior to pregnancy without any penalties

Protections for Intended Parents

The Child-Parent Security Act also has many protections for intended parents included in it. Some of these legal protections include:

• Assures there is a legal relationship between the intended parents and the child(ren) from the moment of birth
• Assures the partner, whether they are married or not, has a simple way to become a legal parent
• Assures that the gestational surrogate is both physically and mentally healthy and capable of carrying the pregnancy to term
• Assures that there is proof of donative intent for egg/sperm donors to show they are not a parent

Protections for Children Born of Assisted Reproduction

The Child-Parent Security Act also has several protections for children who are born using Assisted Reproductive Technologies. Some of these protections include:

• Shows who the child’s parents legally are from the moment of birth
• Ensures the intended parents are legal parents which ensures that they are responsible for the health and welfare of the child

How Did Simple Surrogacy Help?

Simple Surrogacy proudly worked alongside Family Equality, an organization that works to advance legal and lived equality for LGBTQ+ families as well as others who wish to form families, to pass The Child-Parent Security Act. Simple Surrogacy decided to become a major sponsor and financial contributor because we believe that everyone should have equal access to starting or growing their family. We show this passion through offering our clients the lowest fees among major agencies, working with them to provide The Texas Advantage, and so much more. Even our trusted partner, Men Having Babies, is part of the Protecting Modern Families Coalition!

The Simple Surrogacy Difference

At Simple Surrogacy, we know the importance of forming a family. Many people cannot have children of their own. For many people, surrogacy is a critically important option for growing their family. For other people, surrogacy is the only option. That’s why legislation like the Child-Parent Security Act is so important!

Even though we have made huge strides, there are still leaps to take. Everyone should have the right and opportunity to form a family, regardless of where they live or how much money they have. If we all work together, we can do what we’ve done for the state of New York for people everywhere!

“Your assistance helped play an instrumental role in the passage of the Child-Parent Security Act (CPSA).”  – Family Equality