➤ SURROGACY SKIRMISH, from p.14
the kind of legal heartache that we’re trying to
avoid with having clear parental rights established.”
There are also other differences apparent
in the newer bill, such as a requirement that
intended parents be residents of New York for
at least 12 months before entering surrogacy
agreements. Justifying the one-year residency
requirement, Krueger and O’Donnell argued
that some foreign countries have become destinations
where intended parents from other
nations travel to exploit gestational surrogates,
though neither of them named specifi c countries
where this takes place.
One factor that lingers over both bills involves
affordability. Having children through
gestational surrogacy costs tens of thousands
of dollars for intended parents, making it an
unattainable option for most of the lawmakers’
constituents. O’Donnell, Krueger, and Hoylman
all acknowledged this reality and Hoylman said
he hopes the growing movement to implement
universal healthcare can eventually serve as a
source of relief for parties involved in surrogacy.
“Certainly, this is a larger question of inequities
in our healthcare system, what insurance
covers, and the availability of surrogacy,” Hoylman
explained. “I certainly would argue that
we need to do a better job in covering in-vitro
fertilization, and I think that surrogacy itself
should be covered by insurance plans. But as
we move toward universal healthcare, I hope
some of these questions will be answered. The
availability of surrogacy in New York would
drive down some costs.”
It is not immediately clear how other state lawmakers
feel about the different bills or whether
either of the proposals have realistic shots at
passing anytime soon. Barrett was unable to
be reached by phone due to her schedule, but
she provided a written statement in support of
her bill.
“I feel that our legislation fully recognizes the
human agency and bodily autonomy of all participants,”
she said. “This legislation seeks to
create a framework that allows participants to
be fully informed and prepared to make decisions
throughout the process.”
For his part, Cuomo is continuing his effort
to ramp up support for the Hoylman/ Paulin’s
bill.
“We believe the legislation the Governor included
in the executive budget that he is working
on with Senator Hoylman and Assemblymember
Paulin is the best way forward as it has the
support from a broad and diverse coalition and
includes the strongest protections in the nation
for surrogates,” Peter Ajemian, a spokesperson
for the governor, told Gay City News in a written
statement. ”We hadn’t seen the recently introduced
bill but heard from the advocate community
that there were serious concerns with it.
We will review it.”
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