New York is on the verge of radically changing the way it regulates assisted reproduction and surrogacy. Currently, it is illegal in New York for parents to pay a surrogate to carry a child for them. The Child-Parent Security Act (CPSA), now under consideration by the Legislature and Governor Andrew Cuomo’s Task Force on Life and the Law, would legalize such payments and make surrogacy agreements judicially enforceable. S.2765, 2015-16 Reg. Sess. (N.Y. 2015); A.4319, 2015-16 Reg. Sess. (N.Y. 2015). The CPSA would replace New York’s ban on compensated surrogacy with a regulatory regime more detailed than those of the great majority of states. It would also augment the process for establishing parental rights in New York, especially when assisted reproductive technology is involved.
New York’s Surrogacy Ban
In 1992, then New York Governor Mario Cuomo signed a bill outlawing compensated surrogacy agreements, after the famous New Jersey case In re Baby M, 537 A.2d 1227 (N.J. 1988). There, the birth mother, Mary Beth Whitehead, entered into a “traditional” surrogacy agreement with William and Elizabeth Stern. William provided the sperm and Whitehead provided the egg and womb. In exchange for a payment of $10,000, both agreed that the Sterns would be the child’s parents. After the birth, however, Whitehead refused to surrender the child. The dispute quickly made its way to the New Jersey Supreme Court, which determined that compensated surrogacy agreements were unenforceable as against public policy. The court granted the Sterns legal and physical custody and Whitehead visitation rights.
Changing Views on Surrogacy
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]