IFLG Establishing Legal Parentage in Surrogacy Under New York Law Rich Vaughn

Establishing Legal Parentage in Surrogacy under New York Law

New York was until recently one of a handful of U.S. states that effectively banned surrogacy entirely. As a result, many New Yorkers who suffered from infertility were single or LGBTQ and were forced to travel to other states to become parents through surrogacy.

Likewise, parents of children born via assisted reproduction, particularly those who were not genetically related to the child, faced costly and time-consuming legal procedures to establish their parenthood in the state of New York.

As Family Equality, an advocacy group for LGBTQ parents, reported:

New York law also posed significant challenges for some parents in establishing legal parental rights with their children. In particular, establishing parental rights was difficult for same-sex families and for families that were formed utilizing assisted reproductive technology (ART). LGBTQ+ couples had to endure an invasive, expensive and time-consuming process often including home studies and court-ordered adoptions to ensure that both parents and children were protected by a legal relationship.

Establishing Legal Parentage in New York Surrogacies Gets Easier in 2021

In April 2020, New York enacted a sweeping package of reforms to the laws governing surrogacy and other forms of assisted reproductive technology in the state. Once the law takes effect in February 2021, New York will have clear standards for legally enforceable surrogacy agreements as well as a “Surrogates’ Bill of Rights.”

One of the biggest benefits of the new legislation is that, in surrogacies governed by a legally enforceable surrogacy agreement as outlined in the law, the intended parents—and not the surrogate nor the surrogate’s spouse—will be able to obtain a pre-birth order declaring them as the legal parents of the child from the moment of birth.

As reported in a recent New York Law Journal article, the Child-Parent Security Act (CPSA) streamlined the parentage process for surrogacies by making changes and additions to New York’s Domestic Relations Law (DRL), Family Court Act (FCA), Public Health Law, General Business Law (GBL), the Estates, Powers and Trusts Law, Social Services Law and Insurance Law.

Child-Parent Security Act Is Model for ART Laws in U.S. States

The CPSA establishes “a statutory framework for various forms of assisted reproduction, with a focus on providing legal parentage to ‘intended parent(s)’…, without the danger of a successful lawsuit brought by a surrogate or donor who has a change of heart, and without respect to the gender or (for the most part) marital status of the intended parent(s)….”

This, the New York Law Journal authors continue, is the “big payoff” for intended parents, in the words of the new statute:

Upon the birth of a child conceived by assisted reproduction under a surrogacy agreement that complies with [CPSA requirements], each intended parent is, by operation of law, a parent of the child and neither the [surrogate] nor the [surrogate’s] spouse is a parent of the child.

Discussing the legislative ban on surrogacy from 1992, the article concludes:

Much has changed in family law since the 1992 law was enacted. Our divorce laws have changed. Our marriage laws have changed. The possibilities for the formation of legally recognized families have changed—especially for members of the LGBT community, but, more broadly, for those who have longed to start families but have faced biological, societal or legal barriers. The CPSA will contribute to the breaking down of such barriers.

As Family Equality points out, most U.S. states still do not have legislative guidelines for legally enforceable surrogacy contracts nor laws that streamline the historically onerous process of establishing legal parentage for children born via assisted reproduction. The Child-Parent Security Act … expands protections for people suffering from infertility and LGBTQ+ families in New York State.

Contact IFLG’s New York Office for Information on State Fertility Law

Although the Child-Parent Security Act will make the process of parental establishment easier for intended parents, the new surrogacy laws in New York require that surrogacies be governed by a surrogacy agreement drafted by a surrogacy attorney licensed in the state of New York.

If you need help from a surrogacy lawyer in New York or the steps needed to establish parentage for babies born via surrogacy, don’t hesitate to contact our New York IFLG office at 212-388-6966 or toll-free at 844-400-2016.

Rich Vaughn
Rich Vaughn
clients@lseo.com

Attorney Rich Vaughn is founder and principal of International Fertility Law Group, one of the world’s largest and best-known law firms focused exclusively on assisted reproductive technology, or ART, including in vitro fertilization (IVF), surrogacy, sperm donation or egg donation. Rich is co-author of the book “Developing A Successful Assisted Reproduction Technology Law Practice,” American Bar Association Publishing, 2017.

Peiya Wang
PEIYA WANG(王培娅)
Paralegal (律师助理)

Peiya Wang joined IFLG as a paralegal in 2015, where she manages surrogacy, egg donation and parental establishment cases and provides translation services for many of IFLG’s international clients. Peiya received her bachelor’s degree from Beijing Technologies and Business University, where she majored in Marketing. She moved to the United States in 2012 to attend Northeast University in Boston, Massachusetts, receiving a Master of Science degree in Global Studies and International Affairs in 2014. Peiya moved to Los Angeles in 2015 and received her paralegal certification from UCLA Extension. When away from the office, Peiya is a dragon boat paddler and a ballroom dancer, where she favors Rumbas and Cha-chas. She is fluent in Mandarin and English.

Luis Sosa
LUIS SOSA
Paralegal

Luis R. Sosa joined IFLG as a paralegal in 2016, where he enjoys pursuing his passion for family and reproductive law. While working toward his bachelor’s degree at Florida International University, Luis worked as a paralegal and legal assistant for family law litigation firms in Miami and Washington, D.C. As a paralegal and case manager for IFLG, Luis, who is bilingual in English and Spanish, manages surrogacy, egg donation and other reproductive law cases. In addition to spending time with husband Randy and dog Marty, Luis enjoys being outdoors and appreciating the arts.

Toni Hughes
TONI HUGES
Paralegal

After receiving her B.S. in Business Management, Toni joined IFLG to pursue her dream of working in the legal field. As a Paralegal with over 10 years of experience in the assisted reproduction technology field, Toni is our Managing Paralegal, responsible for training and managing our paralegal staff. From drafting legal documents to assisting our clients with post-birth matters, Toni embraces the challenge of learning something new in this field each day. Besides spending time with her son, Jordan, Toni enjoys exploring new things, cooking, spending time with family and friends, and serving as a Youth Advisor for “Next Generation.”

Miesha Cowart
MIESHA COWART
Financial Coordinator

Miesha Cowart joined IFLG as a financial specialist in 2014 following a successful career in development and business finance. Miesha previously worked for 10 years in the construction industry as a controller and for 13 years as Development Coordinator for the non-profit U.S. Fund for UNICEF. In her free time, Miesha works with “Next Generation” at her church. “They are my heartbeats!” she says of the youth in her community.

Kim
KIM DEVEREAUX
Paralegal

Kim has over 25 years of experience in the legal field and has worked exclusively in surrogacy and assisted reproduction law since 1999. Kim is a senior case manager of surrogacy and egg donation cases, and is also responsible for managing parental establishment cases and interacting with IFLG’s Of Counsel attorneys across the country. With three children of her own, Kim understands the importance of family and finds working in this area of law a rewarding experience.

Rich Vaughn
RICHARD B. VAUGHN
Founder

Attorney Rich Vaughn combined his personal passion as a father of twin boys born via assisted reproductive technology (ART) with more than 20 years of experience in business and technology law to build International Fertility Law Group. Today IFLG is one of the most successful and best-known law firms in the world focused exclusively on fertility law, helping thousands of intended parents through empathetic listening, compassionate guidance, and unmatched legal expertise. As an advocate for reproductive freedom, Rich also contributes his knowledge and time to improving the understanding and practice of ART law, most recently as a founder of and speaker at the first Cambridge University International Surrogacy Symposium held in June 2019, as immediate past chair of the American Bar Association ART Committee, and as a popular presenter to law schools, faculty and advocacy organizations all over the world.

Elizabeth Tamayo
ELIZABETH TAMAYO
Paralegal

Elizabeth received her Bachelors of Science degree in Criminal Justice from California State University of Los Angeles. Shortly after graduating, she continued her education at the University of California, Los Angeles where she obtained her Paralegal certificate. Elizabeth is fluent in Spanish and has been in the legal field since 2009. She is excited to be a part of the IFLG Team helping families realize their dreams.

Sunny Chien
SUNNY CHIEN
Paralegal

Sunny joined IFLG as a paralegal in 2017, where she manages surrogacy, egg donation and parental establishment cases for many of IFLG’s international clients. She holds a Bachelor of Arts degree in Philosophy from California State University of Los Angeles, where she graduated cum laude. Sunny is bilingual in English and Mandarin and has extensive experience as a legal assistant and paralegal at Los Angeles-area law firms. She is excited to be part of the IFLG team. In her spare time, Sunny enjoys spending time with her family and their dog, going to the beach, cooking, and being outdoors.

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Phone:  +1 844 400 2016

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Molly O'Brien
MOLLY O'BRIEN
Partner

Fertility law attorney Molly O’Brien began working in the field of assisted reproduction technology (ART) in 2005, at an egg donation agency and a surrogacy agency where she became familiar with all aspects of in-vitro fertilization, egg donation and the financial aspects of surrogacy. Since becoming an attorney in 2011, Molly has drafted and negotiated surrogacy, egg donation, sperm donation embryo donation agreements for hundreds of her clients all over the world.