Child-Parent Security Act: Doing Our Part

PHOTO: Twitter/ @SenatorBiaggi

Landmark legislation does not happen without sustained effort from many dedicated people and organizations. The Child-Parent Security Act is one of those landmark moments. It represents years of advocacy, coalition building, and persistent work to bring New York’s parentage laws into step with modern families.

The Child-Parent Security Act matters to us at Simple Surrogacy because we believe everyone deserves a path to parenthood, regardless of their background, relationship status, or biology. We were proud to play a meaningful role in making this law a reality.

What Is the Child-Parent Security Act?

The Child-Parent Security Act was signed into law on April 3, 2020, and took effect on February 15, 2021. It legalized gestational surrogacy in New York and created a structured legal process for Intended Parents using assisted reproductive technology to establish parentage.

Prior to its passage, gestational surrogacy was illegal in New York State, and violations could carry criminal sanctions. Efforts to reform these laws began as early as 2012. In 2018, the Family Equality organization formed the Protecting Modern Families Coalition to push for change alongside legislators and advocates across the state.

The law is gender-neutral throughout, referring to “the person acting as a surrogate” rather than specifying gender. It opens access to legal parenthood for LGBTQ+ families, people facing infertility, cancer survivors, single parents, and many others who previously faced significant legal and financial barriers to building their families.

If you are an Intended Parent exploring what surrogacy looks like in today’s legal environment, the CPSA represents an important step forward in making the process more accessible and secure.

Parentage Law and Surrogacy in New York State

Before the CPSA, establishing legal parental rights in New York was a complicated and costly process, particularly for same-sex couples and families who used ART. Home studies, court-ordered adoptions, and other invasive legal proceedings were common requirements for parents who wanted to formalize their relationship with their own children.

The passage of the CPSA significantly changed this. Intended Parents can now establish a legal relationship with their child from the moment of birth, without the need for lengthy and expensive post-birth legal proceedings.

The law also serves as a reference point for other states where surrogacy exists without fully developed legal frameworks. It demonstrates how consistent protections can reduce uncertainty for all parties involved.

How the Child-Parent Security Act Changes New York Law

The CPSA introduced a set of best practices aligned with guidance from the American Bar Association and the New York Health Department’s Task Force on Life and Law.

Key changes include:

• Intended Parents have a legally secure relationship with their child from the moment of birth, when a third party is involved in conception
• Gestational surrogacy that meets the law’s best practices criteria is fully legalized
• Time-consuming, expensive, and stressful legal procedures to establish parenthood are eliminated
• Single women who need a sperm donor to build a family now have a clear path to securing legal parenthood

Protections for Surrogates: The Surrogate Bill of Rights

The CPSA includes a dedicated Surrogate Bill of Rights that establishes protections designed to safeguard health, autonomy, and legal security.

Under this Surrogate Bill of Rights, a Surrogate has the right to:

• Make all health and welfare decisions regarding their pregnancy and their own body
• Have independent legal counsel, paid for by the Intended Parent or Parents
• Hold a health insurance policy covering the full duration of the pregnancy and 12 months after birth
• Access psychological counseling for anything arising from their participation in the surrogacy arrangement
• Hold a life insurance policy valid prior to treatment and for 12 months after the pregnancy ends
• Walk away from an agreement before pregnancy begins, without penalty

These protections represent a meaningful leap forward for Surrogates nationwide and set the kind of standard that we at Simple Surrogacy have always believed every Surrogate deserves. If you are considering becoming a surrogate, understanding your legal rights is key to entering the process with the protection you deserve.

Protections for Intended Parents

The CPSA also directly addresses the legal needs of Intended Parents. Key protections include:

• A legally recognized relationship between the Intended Parents and the child from the moment of birth
• A straightforward path for a partner, married or not, to become a legal parent
• Verification that the gestational Surrogate is physically and mentally healthy and capable of carrying the pregnancy to term
• Documented proof of donative intent for egg and sperm donors, confirming they do not hold parental rights

Protections for Children Born of Assisted Reproduction

Children born via ART also receive specific protections under the CPSA:

• Legal parentage is established at birth, removing ambiguity about who the child’s parents are
• Intended Parents are recognized as legally responsible for the health and welfare of the child from day one

These protections matter because they remove the gaps that previously left children in legally uncertain positions during the period between birth and court-ordered parentage proceedings.

How Simple Surrogacy Helped Pass This Law

Simple Surrogacy became a major financial sponsor of the campaign to pass the Child-Parent Security Act, working alongside Family Equality, an organization dedicated to advancing legal and lived equality for LGBTQ+ families and all those who wish to form families.

Our commitment to this cause comes from the same place as everything else we do: the belief that access to parenthood should not be determined by how much money someone has or where they happen to live.

The recognition from Family Equality said it plainly: “Your assistance helped play an instrumental role in the passage of the Child-Parent Security Act.”

We are also proud that our trusted partner, Men Having Babies, is part of the Protecting Modern Families Coalition. Even the Texas Advantage we offer our clients reflects this same commitment to making surrogacy as affordable and accessible as possible.

Equal Access to Parenthood Is Worth Fighting For

The passage of the Child-Parent Security Act is a milestone, but there is still meaningful work ahead. Not every state has equivalent protections, and not every family has equal access to the legal and financial pathways that enable surrogacy. Simple Surrogacy remains committed to advocating for change and providing the most accessible, affordable surrogacy experience available.

If you are ready to learn more about what your surrogacy journey could look like, connect with our team and let us walk you through every option available to you.

FAQs

Does the Child-Parent Security Act apply to surrogacy arrangements outside New York?

The CPSA applies specifically to surrogacy arrangements in New York state. However, its passage has influenced conversations about surrogacy legislation in other states by providing a detailed, well-structured model for legal reform. Intended Parents in other states should consult a reproductive attorney familiar with the laws in their state.

Did the CPSA change anything for Intended Parents who already completed a surrogacy arrangement in New York before it passed?

The CPSA applies to arrangements entered into after it took effect in February 2021. Families who went through the process before that date would have been subject to the prior legal requirements, including post-birth adoption or parentage proceedings. Those families are not retroactively affected by the new law.

Can single Intended Parents use the CPSA to establish legal parenthood?

Yes. The CPSA specifically includes provisions for single parents, including single women who use a sperm donor. The law creates a clear and accessible path to legal parenthood for individuals. This was a significant gap in New York’s prior parentage framework.