GESTATIONAL SURROGACY
Gestational surrogacy is a process where one person, who did not provide the egg used in conception, carries a fetus through pregnancy and gives birth to a baby for another person or couple. The person who carries the fetus is called a "surrogate" or "gestational carrier." The person or couple who are seeking to parent the baby or babies are called the "intended parent(s)."
GESTATIONAL SURROGACY IS NOW LEGAL IN NEW YORK
Governor Andrew M. Cuomo announced this Feburary New York's Gestational Surrogacy Law is now in effect, delivering help to LGBTQ+ couples and couples struggling with fertility who are trying to start families of their own.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. Originally proposed as part of the Governor's 2020 State of the State Agenda and signed into law as part of the State Budget, the law officially legalizes gestational surrogacy in New York State. Prior to the law's enactment, the practice was illegal in New York State, and gestational surrogacy agreements were unenforceable and considered not legally binding.
HOW DOES SURROGACY WORK
The first step in surrogacy is for the intended parent(s) to select a surrogate, possibly through an surrogacy agency. The surrogate and intended parent(s) are screened to make sure they are healthy (both physically and emotionally) and are able to participate in the surrogacy process. Once a surrogate is matched with the intended parent(s), the parties work with their separate attorneys to write, review, revise and sign the surrogacy agreement. This happens before the start of any medical procedures (other than screening tests.)
The surrogacy agreement describes the rights and responsibilities of the surrogate and the intended parent(s) and the promises (agreement) the parties are making to one another. Surrogacy matching programs and attorney for the surrogate and intended parent(s) must ensure that all requirements are met under the state law to ensure the agreement is legally binding and enforceable, and to best protect the interests and rights of all parties to the agreement.
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After the surrogacy agreement is signed, an embryo can be transferred into the surrogate through IVF. IVF is a medical procedure where an egg is fertilized with sperm in a laboratory. This creates an embryo that is transferred into the surrogate's uterus. The surrogate usually takes medication before the embryo is transferred. This makes the IVF procedure more likely to result in a pregnancy.
The surrogate mother will carry your baby until delivery, when all the legal processes are completed.
As you can see, the surrogacy journey is complicated and time consuming, and that is why a surrogacy agency can take some of the stress off of your shoulders by providing or coordinating services to ensure the health and safety of your baby and the legality of the process.
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Especially in New York, the newly passed law is among the strictest in the nation and surrogates are under extreme protection. Having the professionals by your side may greatly reduce the risks of an unsuccessful or unsatisfied relationship between you and the surrogate.
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Starting parenthood should be joyful instead of painful. At Love & Beyond, our multidisciplinary team is dedicated to assisting you every step along the journey. Check out why Love & Beyond may be the partner you want to have on this journey.