The Child Parent Security Act (CPSA) of New York State has legalized gestational surrogacy, and made it easier to establish legal parental rights throughout the state! 

Choosing surrogacy in New York is a big decision, and the CPSA has transformed the way we can serve the public there.

What is the Child Parent Security Act?

The CPSA went into effect in February 2022, and legalizes both compensated and altruistic surrogacy in the state of New York.

The law clarifies how and when intended parents can establish legal parental rights.^[1] Its provisions apply to couples who are both biological parents of the child, and they also cover situations where one parent is non-biological parent.

Moreover, the CPSA’s provisions spell out the rights of surrogates, including making their own healthcare decisions during pregnancy. Everything surrogates are entitled to throughout the process is listed in the law’s “Surrogates’ Bill of Rights”.

The guidelines of the Act apply to lawful residents and citizens of New York only. At this stage, internationally-based intended parents looking for surrogates cannot benefit from its terms. 

What guidelines are outlined in the CPSA?

First and foremost, the CPSA legalizes gestational surrogacy in the state of New York. That means, intended parents can now take advantage of in-vitro fertilization (IVF), where an embryo is fertilized in a laboratory and then implanted into the surrogate’s womb.

In contrast, traditional surrogacy relies on the surrogate being impregnated with the sperm of the intended father, with the embryo becoming fertilized in her womb. Gestational surrogacy removes potential complications from the surrogacy process because it avoids situations where the surrogate is also the biological mother of the baby.^[2]

New York is the first state to license this type of service. This law creates stability for all parties involved in the process and ensures that surrogacy agreements are fair and ethical.

The CPSA’s guidelines cover three main areas of surrogacy:

• Surrogacy registry
• Surrogacy screening
• Surrogates’ Bill of Rights

Providers of gestational surrogacy, now follow the new law’s guidelines and regulations, including SurrogateFirst, which was one of the first fifteen surrogacy agencies in New York to have completed the licensure process.

Intended parents and women interested in surrogacy will find it easier to choose a reputable provider because of the licensing requirement.  

Department of Health surrogacy registry overview

Becoming a licensed provider of surrogacy in New York State is a multi-step process. Anyone looking to obtain a license needs to first be registered with and licensed by the Department of Health.^[3]

Once this license has been issued, providers of surrogacy programs need to enroll in the state’s Department of Health Surrogacy Registry. This database is the central tracking tool for New York-based surrogates.

However, while registration is mandatory for providers like us, it is absolutely voluntary for the surrogates themselves. In practice, that means our team will ask surrogates if they would like to be registered when a surrogacy agreement is being completed.

New York surrogacy screening guidelines

Another critical part of the Child Parent Security Act is the surrogacy screening guidelines.^[4] are another critical part of this legislation. This part of the CPSA applies to healthcare companies that provide care to gestational surrogates.

The law states that healthcare providers need to follow national standards and best practices detailed in a separate document.

These guidelines begin by recommending that surrogates and intended parents choose different healthcare providers to avoid conflicts of interest. Details of the guidelines cover psychosocial evaluations and counseling for surrogates and their partners.

They also cover requirements of a physical and personal health history of the surrogate, including a physical examination.

The screening guidelines include a definition of informed consent and disqualifying factors that may prevent a woman from being able to act as a surrogate. Initially, the list of screening guidelines might appear overly detailed, but the intention is to ensure that surrogates are well looked after before, during, and after their pregnancy. 

Gestational Surrogates’ Bill of Rights (NY) 

Making sure that surrogates receive the highest level of care and understand their rights is the main goal of the Surrogates’ Bill of Rights, another critical part of the CPSA.

The Gestational Surrogates Bill of Rights covers five main areas⁵:

• The right to make health and welfare decisions for themselves and the unborn baby during the pregnancy

• The right to retain independent legal counsel, the costs of which need to be covered by the intended parents

• The right to comprehensive health insurance, including behavioral health care and coverage of medical costs related to the surrogacy

• The right to life insurance that takes effect before any surrogacy-related treatment starts and covers specified minimums

• The surrogate’s right to terminate the surrogacy agreement before becoming pregnant

As we grow our New York surrogacy operations, it is our goal to ensure that all of our surrogates are well-informed and understand exactly what their rights are at every stage of the process.  

Knowing New York’s surrogacy laws is essential to us being able to provide white glove service to all surrogates and intended parents!

How to find a surrogate in New York

The CPSA makes the process of finding a surrogate in New York State easier. The law requires surrogacy providers to register^6[6] with the New York State Department of Health, making it easy for prospective intended parents to select reputable providers.⁶

Online research is a great way of shortlisting a few providers, but we always recommend making personal appointments to get to know the team when you’re figuring out how to decide how to choose a surrogacy agency partner. Whether you are an intended parent or a surrogate, choosing surrogacy is a big decision, and the team guiding you through the process can really make a difference.

Our entire team is comprised of former intended parents and experienced surrogates. That means we have been on the journey you are about to embark on, and we will be there with you every step of the way!

The CPSA has simplified the legal framework for surrogacy in New York. It has not changed our commitment to wow you with our service, expertise, compassion, and personal attention!

Sources:

1. https://health.ny.gov/vital_records/child_parent_security_act/

2. https://www.sciencedirect.com/topics/medicine-and-dentistry/surrogacy

3. https://health.ny.gov/community/pregnancy/surrogacy/#:~:text=The%20Child%2DParent%20Security%20Act%20(CPSA)%20is%20a%20law,(ART)%20to%20have%20children

4. https://health.ny.gov/community/pregnancy/surrogacy/docs/gestational_surrogacy_guidelines.pdf

5. https://health.ny.gov/community/pregnancy/surrogacy/surrogate_bill_of_rights.htm

6. 6. https://health.ny.gov/community/pregnancy/surrogacy/licensed_programs.htm