ALBANY, NY -- Assemblymember Amy Paulin (D-Scarsdale) cheered the passage of the Child-Parent Security Act (A. 1071A) through the Assembly Judiciary Committee – a milestone in reforming New York’s outdated laws on gestational surrogacy agreements and clarifying uncertainty about legal parentage for children born through medical advances in assisted reproduction to infertile couples and same-sex couples.

“I thank Chair Dinowitz and the members of the Assembly Judiciary Committee for moving the issue forward and providing hope to so many couples who are struggling to overcome the obstacles impeding them from starting their families,” said Assemblymember Paulin. “Though New York State is the progressive capital of the nation on so many issues, we are one of only two states that still ban and criminalize surrogacy. With today’s action, we are one step closer to updating our laws to match medical advances and the needs of modern families.”

The bill would lift the ban on surrogacy contracts to permit enforceable gestational carrier agreements and sets forth the criteria for such agreements. When all of the requirements set forth in the law are met, the intended parents can seek an “Order of Parentage” from a court, prior to the birth of the child, which becomes effective immediately upon birth. The requirements are designed to ensure that all parties enter into the agreement on an equal footing and with full knowledge of their duties and obligations. For example, all parties must be represented by independent legal counsel of his or her own choosing, and the right of the carrier to make her own healthcare decisions shall not be limited.

Additionally, the bill would provide clear and decisive legal procedures to ensure that children born through assisted reproduction have secure and legally-recognized parental relationships with their intended parents. New York appellate courts have repeatedly called upon the Legislature to act to provide much needed clarity to the essential question of who is a parent. Without the Child-Parent Security Act, children who are born out of state to New York parents through gestational surrogacy are insufficiently protected under New York state law.

“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,” said Assemblymember Paulin. “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.”

The Senate bill is sponsored by Senator Brad Hoylman, who himself is a father to two children who were born through an out-of-state gestational surrogacy arrangement. Senator Hoylman is also Chair of the Senate Judiciary Committee.