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)."
wHAT IS 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.
WHO CHOOSES SURROGACY TO BECOME A PARENT?
Many people choose surrogacy as a way to start or add to their family. Most commonly, intended parents are:
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Not able to have children because of infertility;
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Not able to safely give birth to a child because of health conditions;
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Same-sex male couples;
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Transgender individuals or couples; or
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Prospective single males.
HOW DOES SURROGACY WORK?
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The first step in surrogacy is for the intended parent(s) to select a surrogate. 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.
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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. New York State law is very specific about the requirements of the agreement (seeFamily Court Act § 581-403). Surrogacy matching programs and attorney for the surrogate and intended parent(s) must ensure that all requirements are met under New York 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.
What does it take to become a surrogate?
Surrogates must be screened to make sure they are healthy enough to have a baby. If you are interested in becoming a surrogate or finding a surrogate, please check if your state has any legal requirements that the surrogate must meet. Surrogate agencies may also have addtional requirements for their contacting surrogates.
For example, medical guidelines, including Department of Health surrogacy screening guidelines in New York State, recommend that surrogates be between 21 and 45 years of age, have had at least one healthy pregnancy and a full-term delivery without complications. Medical screening includes:
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blood tests and other lab work;
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a physical exam;
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a psychosocial exam; and
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consultation with the health care provider.
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We as a surrogate agency requires our surrogate mothers to meet additional criteria and to complete additional screening to ensure the health and wellbeing of the surrogate mother and your baby. For our surrogate requirements, screening and application process and unique full-fledged supportive services, please click here.
WHY USE AN AGENCY?
While there are so many beautiful reasons to want to help someone start of expand their family and you certainly accomplish this goal without an agency, benets of working with a surrogacy agency should not be overlookded.
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The agency will assit you with coordinating legal servcies to provide you will the best protection. Especially in New York State, the newly passed law is among the strictest in the nation and the rights of the surrogates are extremely protected. Understanding the legal aspects of surrogacy and ensuring everything is implemented is a vital part of this beautiful relationship.
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The agency will negotiate your financial benefits with the intended parents.
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The agency will coordinate services and provide you support through out the journey.
Your commitment to become a surrogate mother impacts many lives in the most beautiful and amazing way, but beginning this journey is not easy. It takes a very special woman to be willing to put her heart and soul into helping another person or family realize their dream.
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At Love & Beyond, we are committed to caring for you just like how you care for that little seed in you. We go above and beyond to provide you full-fledged professional support throughout the entire journey.
Click here to see how Love & Beyond's personal concierge service can make a difference.
