Rich Vaughn, IFLG Blog: New York Posised to Lift Surrogacy Agreement Ban

New York Surrogacy Agreement Ban May End in 2019

More good news for New York intended parents: Governor Andrew Cuomo has signaled his support for The Child/Parent Security Act, which would legalize compensated surrogacy agreements in the state for the first time since 1992.

Cuomo included the act in his executive budget plan, The New York Post reported earlier this month.

“New York’s antiquated laws frankly are discriminatory against all couples struggling with fertility, same sex or otherwise” Cuomo said in a statement to The Post.

“This measure rights this wrong and creates a new and long-overdue path for them to start families and also provide important legal protections for the parents-to-be and the women who decide to become surrogates.”

New York was one of several states that instituted bans on paid surrogacy and surrogacy contracts in the early 1990s in the wake of the infamous “Baby M” case, in which a surrogate, in violation of a surrogacy agreement, refused to give custody of the child to the intended parents. In the resulting court and media battle, opponents of assisted reproduction depicted surrogacy as inhumane and exploitative of women and children, akin to “baby selling. Although “altruistic” surrogacy, in which the surrogate receives no payment, remained legal in New York, any contract to formalize the arrangements, including designating parentage, was unenforceable, effectively banning all surrogacy. For this reason, for three decades, New Yorkers seeking to have biologically related children were forced to travel to another state for the surrogacy and birth.

With Cuomo’s backing, New York is expected to legalize surrogacy agreements in 2019, as is Michigan, the first state to ban commercial surrogacy in the resulting backlash after the “Baby M” case. New Jersey, home to the “Baby M” case legalized surrogacy agreements in May 2018, and Washington, DC, ended its surrogacy ban in 2016.

Only Indiana, Arizona and Nebraska continue to ban surrogacy agreements. In those states, although surrogacy contracts are legally unenforceable, intended parents may petition the courts for parental authority and are often granted a court order of parentage even prior to the baby’s birth.

As the joys and benefits of assisted reproduction become more accessible and more popular, lawmakers in hold-out states will face increased pressure. Forcing intended parents to leave home to take advantage of technology that most Americans are able to access in their own states is not a winning proposition in the long-run. While the wheels of progress sometimes turn slowly, the movement for increased reproductive freedom is unstoppable.

 

 

Rich Vaughn
Richard Vaughn
rich@iflg.net

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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