FAMILY
Paid Gestational Surrogacy Law Goes Into Effect
Legislation passed in last year’s budget fi nally enacted
BY MATT TRACY
Nearly one year after New
York State legalized paid
gestational surrogacy,
which is when a surrogate
carries a baby who shares no
biological relation, the law fi nally
went into effect February 15.
The gestational surrogacy bill,
labeled the “Child-Parent Security
Act,” passed in the budget in
April of last year following a prolonged
fi ght over the rights of surrogates
and egg donors, as well as
additional concerns that having a
baby through gestational surrogacy
would primarily only be feasible
for wealthier folks.
Concerns over costs were not
adequately resolved. It costs tens
of thousands of dollars — or even
more than $100,000 — to have a
baby through gestational surrogacy,
leaving many families unable
to pursue such a route. According
to Creative Family Connections,
a surrogacy agency and law fi rm,
the average cost of a surrogacy
pregnancy can skyrocket north
of $125,000. Southern Surrogacy,
another surrogacy agency, notes
that the total average cost of surrogacy
begins at around $70,000
— and that’s before medical costs
are considered.
When asked about the cost-related
concerns last year, out gay State
Senator Brad Hoylman of Manhattan
— the bill’s lead sponsor in the
upper chamber — expressed hope
that the movement to implement
universal healthcare would alleviate
some healthcare costs. Universal
healthcare does not appear
imminent at the moment.
As lawmakers considered the
bill, out lesbian Assemblymember
Deborah Glick of Manhattan
was one of the most vocal opponents,
telling the New York Times
that she felt gestational surrogacy
amounted to “pregnancy for a fee,
and I fi nd that commodifi cation of
women troubling.”
Nonetheless, there was pressure
to pass a bill legalizing the
practice — especially considering
that New York was one of few
Out gay State Senator Brad Hoylman with his daughter Lucy, the younger of two daughters he and his
husband, fi lmmaker David Sigal, have had through surrogacy.
states that had yet to legalize paid
gestational surrogacy. An earlier
version of the bill passed the State
Senate in 2019 but faltered in the
lower chamber.
However, Hoylman and Assemblymember
Amy Paulin of
Westchester — the bill’s lead sponsor
in the lower house — successfully
steered the legislation to passage.
The fi nal version of the legislation
that was passed last year included a
“bill of rights” that the bill’s sponsors
touted as having the strongest protections
for surrogates in the nation.
The legislation also confronted the
“second parent adoption” process
by scrapping unnecessary hurdles
surrounding the non-biological parents’
rights to the child.
Among other provisions, the bill
allowed intended parents to get a
court to provide an “order of parentage”
stipulating that they become
the parents as soon as the
child is born. At least one of the
intended parents are required to
be a resident of New York State for
DONNA ACETO
at least a half-year before the surrogacy
agreement is completed.
After the law went into effect,
Hoylman refl ected on his own experience
navigating gestational
surrogacy before it became legal in
New York State.
“My husband and I had our two
daughters through surrogacy — but
we had to travel 3,000 miles to do it
because our home state had banned
the practice,” Hoylman said in a written
statement. “Thanks to the Child-
Parent Security Act, gestational surrogacy
is fi nally legal in New York
State, giving LGBTQ couples and
people experiencing infertility the opportunity
to build a family through
surrogacy here at home. This legislation
sets a new gold standard for surrogacy,
providing women acting as
surrogates with the strongest legal
and health protections in the nation
while also protecting intended parents
and egg donors.”
Paulin also tied in her own experience
having children as she
touted the legislation’s impact.
“Today, couples with infertility
issues and same-sex couples will
be able to start their families in
New York without facing the logistical
and legal obstacles that have
impeded them,” Paulin said. “I had
fertility issues when I attempted to
get pregnant with my second child,
so I am well aware of the pain and
suffering that is attached to wanting
a child.”
Paulin also insisted that the law
would help families avoid “incurring
exorbitant costs” since they
would no longer need to travel to
other states, but she did not address
the already-high costs of
gestational surrogacy in general.
Governor Andrew Cuomo, who
was a key supporter of the gestational
surrogacy legislation, celebrated
the law’s enactment.
“For far too long, LGBTQ+ New
Yorkers and New Yorkers struggling
with fertility were denied
the opportunity to start a family
because of arbitrary and archaic
laws and I couldn’t be prouder of
the way New York came together
to say we won’t stand for this any
longer,” Cuomo said. “New York is
a loving state and were proud to
lead the charge for fairness and
equality last year. With this law
now in effect, no longer will anyone
will be blocked from the joys
of starting a family and raising
children simply because of who
they are.”
Alexander Roque, who is the
CEO of the Ali Forney Center,
praised the governor and spoke up
about his experience having children.
“Governor Cuomo’s tireless care
for, commitment to, and centering
of LGBTQIA rights is among the
most noble commitments to justice
and equality for all,” Roque said.
“Moreover, in doing so, Governor
Cuomo is setting a standard for
other leaders to follow in protecting
and really thinking about and responding
to the needs of our movement.
As a gay parent who had no
coverage or benefi ts in supporting
my family journey, I know fi rst-
➤ SURROGACY, continued on p.13
February 25 - March 10, 2 12 021 | GayCityNews.com
/GayCityNews.com
