FEBRUARY 5 – With the advancements of in vitro fertilization (IVF) in recent years, paid surrogacy has become a viable family-building option for many Americans. However, as often happens with new medical technology, legislation lags behind.
The New York State assembly recently re-filed the Child-Parent Security Act which, if passed, would legalize paid surrogacy in the state.
Of the states that currently ban paid surrogacy — New York, Michigan, Nebraska, New Jersey, and D.C. — New York has the strictest laws. New York is the only state where individuals face criminal ramifications for entering into a paid surrogacy agreement. But with the new bill, all this could change.
If a family from one of the banned states would like to pay a woman to carry their genetic child, they’ll need to travel across state lines to one of the 22 states where the practice is legal. But when the going rate for a surrogate can cost upwards of $35,000, additional travel costs are not to be taken lightly.
Currently, twenty-four states have no laws regarding paid surrogacy. While lack of legislation does not outlaw the practice, participants could find themselves in legal limbo should a dispute arise over custody.
With the goal of avoiding custody battles, the new bill would also establish “intended parentage,” giving the child’s intended parents full legal rights, regardless of their genetic relation to the child. Read more >