Paulin Hosts Forum on New Law to Legalize Surrogacy Agreements in New York

A new law proposed by State Assemblywoman Amy Paulin would legalize gestational carrier agreements in New York, permitting people to compensate surrogates to carry their children. Presently, the gestational carrier is considered the legal parent in New York upon birth of the child even though she is not the biological mother nor has any intention of assuming parental responsibility.

Paulin hosted a legislative forum on Tuesday April 1 to discuss and promote the benefits of the Child-Parent Security Act which drew the support of several organizations, including the Empire State Pride Agenda, the leading New York lesbian, gay, bisexual and transgender (LGBT) advocacy group.

The Child-Parent Security Act would clearly define who a child's parents are and would permit enforceable compensated gestational carrier agreements so that New Yorkers needing assistance of a gestational carrier can have their children here without having to go to another state. It would also allow intended parents to be recognized as the legal parents of their children from the time of birth.

"I had fertility issues when I was attempting to get pregnant with my second child," Paulin said. "So I am well aware of the pain and suffering that is attached to wanting a child. This bill would allow families to avoid much of that pain by giving them the opportunity to have a family in New York and not travel around the country, incurring exorbitant costs simply because they want to be parents.

"We have some of the most restrictive surrogacy laws in the country and I think it's time that changed."

Compensated gestational carrier agreements are illegal in New York and subject to criminal penalties, making it the only state to hand out such harsh punishment. Supporting Paulin's efforts were medical and legal experts as well as state residents, who provided their own accounts of the difficulties involved in having a child through surrogacy.

"The forum highlighted the diverse range of New Yorkers who all agree that it's time for us to pass the Child-Parent Security Act so that our laws match current medical technology and family dynamics," Empire State Pride Agenda Executive Director Nathan Schaefer said. There's no reason why families should have to suffer through significant legal or medical hurdles to build their loving families. This bill would address the many issues that impact LGBT New Yorkers and many others face, and provide clear protections for all parties involved, especially the children."