Gestational surrogacy legalized in New York

0 Comment(s)Print E-mail Xinhua, February 17, 2021
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NEW YORK, Feb. 16 (Xinhua) -- New York State's Gestational Surrogacy Law went into effect as of Tuesday, delivering help to LGBTQ+ couples and couples struggling with fertility who are trying to start families of their own, according to an official release.

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.

"For far too long, LGBTQ+ New Yorkers and New Yorkers struggling with fertility were denied the opportunity to start a family because of arbitrary and archaic laws and I couldn't be prouder of the way New York came together to say we won't stand for this any longer," said Governor Andrew Cuomo.

"New York is a loving state and were proud to lead the charge for fairness and equality last year. With this law now in effect, no longer will anyone be blocked from the joys of starting a family and raising children simply because of who they are," he added.

In addition to lifting the previous ban on gestational surrogacy, the law establishes legal criteria for gestational surrogacy agreements that provide the strongest protections in the nation for parents and surrogates, ensuring all parties provide informed consent at every step of the process.

Meanwhile, it creates a Surrogates' Bill of Rights, to ensure the unfettered right of surrogates to make their own healthcare decisions, including whether to terminate or continue a pregnancy, and that surrogates have access to comprehensive health insurance and independent legal counsel of their choosing, all paid for by the intended parents.

The law also creates a streamlined process for establishing parenthood when one of the individuals is a non-biological parent, a process known as "second parent adoption."

Second parent adoption previously presented many antiquated barriers to individuals, particularly LGBTQ+ couples, seeking to adopt their partner's biological child. The legislation simplified and streamlined this process by instead requiring a single visit to court to recognize legal parenthood while the child is in utero. Enditem

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