Legislative Milestone in California’s Surrogacy Landscape:
2021
The law takes effect, providing a framework for surrogacy agreements and establishing the Gestational Surrogates' Bill of Rights.
Surrogacy Contracts
Are legally binding in New York starting from 2021.
Must establish parental rights and financial details.
Need to have both parties represented by separate legal counsel.
Parental Rights
Intended Parents can be declared the legal parents before birth through a pre-birth order, but this order will not be valid until birth.
Legal Rights of Surrogates:
Surrogates have the right to make decisions regarding their own health and the pregnancy.
Surrogacy agreements often include provisions for psychological counseling for the Surrogate.
Compensated surrogacy is legal, and compensation details are agreed upon in the surrogacy contract.
Who Can Benefit from Surrogacy in New York?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in New York
High standards of medical care and legal protections make it an attractive state for surrogacy agreements.
Advantages of Surrogacy in New York
Despite its progressive stance, New York maintains a cautious approach, with specific criteria and regulations governing surrogacy arrangements. This includes health insurance for the surrogate, the necessity for medical and psychological evaluations, and the requirement for a comprehensive surrogacy agreement that outlines the expectations and responsibilities of all parties involved.
