The Child-Parent Security Act: Gestational Surrogacy

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Gestational surrogacy is a type of surrogacy where the surrogate does not provide their own egg for fertilization. Gestational surrogacy provides an opportunity for New Yorkers to become parents despite circumstances in which pregnancy is either biologically not possible or medically contraindicated. Although gestational surrogacy increases opportunities for family building, it also involves medical, psychosocial, fiscal and ethical considerations, as well as legal complexities. These must be carefully considered by the surrogate and intended parent(s) in consultation with other professionals, including their healthcare providers and attorneys.

Gestational Surrogacy Fact Sheet

This fact sheet provides basic information about gestational surrogacy including some facts about:

  • What is gestational surrogacy?
  • Who chooses surrogacy to become a parent?
  • Who can be a surrogate?
  • What does it take to be a surrogate or an intended parent?
  • Who else is involved in the gestational surrogacy process?
  • And additional information and resources to learn more.

The Child-Parent Security Act

The Child-Parent Security Act (CPSA) is a law in New York State that legalizes gestational surrogacy and provides a simple path to establish legal parental rights for parents who rely on assisted reproductive technology (ART) to have children.

Vital Records may amend the names of the intended parents on birth records for all of New York State except New York City. It does not have these records for New York City (the boroughs of Manhattan, Kings (Brooklyn), Queens, Bronx, and Richmond (Staten Island)).

Surrogacy Program Licensure and Screening Guidelines and Surrogates' Bill of Rights

New York State is the first state to license surrogacy programs (sometimes called ‘matching programs’). This is an important step in ensuring that surrogacy programs, assisted reproductive technology (ART) service providers, the practice of gestational surrogacy, and egg donation follow regulations that will help ensure the health and safety of the surrogate, the egg donor and the children born under gestational surrogacy agreements. Licensing surrogacy programs through the Department of Health and establishing specific legal protections for surrogates will also help ensure that the surrogacy agreement is ethical and fair to all the parties involved. The information and resources below explain more about gestational surrogacy in New York State and how to apply for a license as a NYS Gestational Surrogacy Program.

NYS Law requires health care providers who provide care to gestational surrogates to follow the Department of Health’s clinical best practices as set by national standards of professional medical organizations such as the American Society of Reproductive Medicine (ASRM) and the American College of Obstetricians and Gynecologists (ACOG).

NYS Law also requires that providers abide by the New York State Gestational Surrogates Bill of Rights and ensure that gestational surrogates receive a copy of the New York State Surrogates’ Bill of Rights. This document describes the rights gestational surrogates have as they relate to their health and welfare, right to independent counsel, health insurance coverage and reimbursement for related medical costs, life insurance and contract termination protections.

OVA Donors and Fact Sheet

New York State regulates Assisted Reproductive Technology Service Providers (ARTSPs) that offer services such as in vitro fertilization (IVF). Oversight includes registration of ARTSPs and requirements to help ensure the health, safety, and informed consent of those who donate their eggs and those who receive them, including gestational surrogates. The link below will take you to the registration site. The documents below provide additional information about egg donation for those considering donating their eggs and for ARTSPs.

Some women choose to donate their own ova (eggs) to help others conceive. Tissue banks involved in the donation process must be licensed by NYS as tissue banks and comply with specific requirements. The document below is intended for those considering donation. It describes the donation process and some of the things a donor can expect. Some of these (for example, HIV testing) are required by law, while others will depend on the specific egg bank’s policies.

New York State regulates the process of evaluating and selecting ova (egg) donors to ensure the health and safety of both the donor and any recipient. Tissue banks involved in the donation process must be licensed by NYS as tissue banks and comply with specific requirements. In addition to these requirements, the guidelines below describe other factors that tissue banks should consider.

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