New York Gov. Andrew Cuomo. Photo: Scott Heins/Getty Images

Gov. Andrew Cuomo is reviving his push in New York to legalize gestational surrogacy, which would allow an individual to be paid to carry the child of someone who may not be able to create a family on their own, such as infertile or same-sex couples. 

A bill that would have legalized gestational surrogacy in New York failed to become law this year after several Democrats in the state Assembly came out against the legislation.

Cuomo said Monday he's planning to include a rehashed version of the measure in his annual State of the State address next week in Albany. It was a main priority last year for Cuomo, who said New York is one of just a few states that still ban the practice.

"New York is one of only three states that explicitly prohibits this practice — that's unacceptable," Cuomo said. "I'm going to make it a priority again this year to repeal the ban and provide the nation's strongest protections for surrogates and parents choosing to take part in the surrogacy process."

The law, as proposed by Cuomo, would create a set of protections for surrogates that would allow them to make their own health care choices during pregnancy, and guarantee them the ability to have an attorney of their choosing.

Attorneys for surrogates would be paid for by the intended parents of the child, rather than the surrogate themselves. Surrogates would also have access to comprehensive health insurance under the proposal, and be allowed to terminate the pregnancy. 

The legislation would also create legal protections for parents of children conceived through artificial insemination, egg donation, and other technologies. The intended parents and potential surrogates would be bound to surrogacy contracts written to protect all parties.

Paid surrogacy is currently illegal and punishable by a fine in New York. Unpaid surrogacy is legal, but contracts can't be enforced, so they're not legally binding.

Cuomo said Monday the proposal is intended to benefit individuals who struggle to conceive a child on their own, while protecting the rights of both the surrogate and the intended parents.

"New York's surrogacy ban is based in fear not love, and it's past time we updated our antiquated laws to help LGBTQ couples and people struggling with fertility use commonplace reproductive technology to start families," Cuomo said.

It's likely that Cuomo's proposal will closely resemble the bill that failed to pass in June. Under that measure, family court judges would be responsible for overseeing proceedings during which the so-called parentage of a child conceived through surrogacy is determined.

The legislation was defeated earlier this year after Democrats in the Assembly warned that the bill could be a slippery slope toward the commercialization of women's bodies. They feared that surrogates wouldn't be protected under the measure.

Cuomo has pushed back against that argument, pointing to a so-called Surrogates' Bill of Rights that would be included in the law. Under those protections, women would never be forced to carry a pregnancy to term and would be allowed to make their own health care and legal decisions.

Assembly Speaker Carl Heastie, D-Bronx, said at the end of last year's legislative session that Democrats in the chamber planned to consider gestational surrogacy again in 2020. The state Senate has already approved legislation to legalize the practice. 

The bill has powerful allies in both chambers. State Sen. Brad Hoylman, D-Manhattan, sponsors the legislation but also chairs the Senate Judiciary Committee. He told the New York Law Journal that he'll push again for the measure to become law next year. 

"We'll be working to pass gestational surrogacy," Hoylman said.

Assemblyman Jeffrey Dinowitz, a Democrat from the Bronx who chairs the Assembly Judiciary Committee, also said the legislation will be among his top priorities next year. He'll face more of a challenge in the Assembly, where Democrats have failed to coalesce around the measure.

"I think it's unfortunate that it was shot down late in the session, but I'm hoping we can revisit that this year," Dinowitz said.

Cuomo is also seeking to streamline the process for a second parent to legally adopt the partner's biological child, commonly known as "second parent adoption." 

According to Cuomo's office, that process can take about a year and cost up to $5,000 in legal fees, court fees, and other costs associated with a mandatory home visit from a social worker. The second parent also has to provide detailed personal information.

Cuomo's proposal would simplify the process by requiring one visit to court to recognize the legal parenthood of a child.

Cuomo will include both proposals in his list of legislative priorities when he delivers his State of the State address.

READ MORE:

Bill Legalizing Gestational Surrogacy in NY Fails as Session Nears Close

The Child-Parent Security Act: Granting New Yorkers the Right to Benefit From Assisted Reproductive Technology

Give New Yorkers the Same Reproductive Rights Found in Other States