15 Feb 2021 New York Child Parent Security Act Takes Effect
Congratulations, New York! Today, February 15, 2021, the Child Parent Security Act (CPSA) takes effect, ending the three-decade-long ban on surrogacy in the state of New York.
In this informative webinar, hosted by donor matching agency Donor Concierge, I review what the new law means for New York intended parents, surrogates, donors and families. As we wrote when the CPSA was signed into law:
The new law will establish requirements for legally enforceable surrogacy agreements and for the protection of surrogates. Additionally, the bill requires the New York Department of Health to issue guidelines mandating full disclosure of health risks associated with pregnancy and egg donation….
The new law also will simplify and streamline the parental establishment process, eliminating time-consuming and expensive requirements that make it difficult for intended parents who are not biologically related to their child to establish parentage. Under the new law, non-biological parents will be able to establish parenthood with a single court visit before the child’s birth.
In the few days since I recorded this webinar, there are two more exciting developments to report:
First, on Thursday, February 9, the New York Office of Court Administration published the court forms that will be required for the parental establishment court order process.
Secondly, on Friday, February 10, the New York Department of Health announced it would be publishing the much-anticipated agency licensing regulations on Tuesday, February 16—making New York the first U.S. state ever to license surrogacy agencies.
This latter is an extremely gratifying sign of progress in the field of assisted reproduction technology. As chair of the American Bar Association Assisted Reproduction Committee, I and a remarkable group of legal professionals helped develop the Model Act Governing Assisted Reproductive Technology Agencies, which was formally approved by the ABA’s House of Delegates in February 2016.
On Thursday, February 18, I am honored to join several attorney colleagues and judges for an online Continuing Legal Education seminar presented by the New York State Bar Association members on the details of the New York CPSA and its rollout.
As New York officials prepared to implement the CPSA, I have worked with them in a consulting role as they incorporate the best practices and standards embodied in the ABA Model Act. I am so proud that this model legislation is now providing the blueprint that will help protect intended parents, surrogates, donors and families in New York and, we hope one day, throughout the United States.
If you are considering becoming a parent using assisted reproductive technology in New York, our experienced team of ART attorneys and paralegals is available to address your questions and concerns. Contact us today!