RESOLVE: The National Infertility Association Applauds New York State Task Force on Life and the Law’s Recommendation to Permit Gestational Surrogacy Contracts

(January 18, 2018, McLean, VA) RESOLVE: The National Infertility Association applauds the New York Department of Health for the release of the report Revisiting Surrogate Parenting: Analysis and Recommendations for Public Policy on Gestational Surrogacy. Authored by the New York State Task Force on Life and the Law, the report presents the Task Force’s recommendation to permit gestational surrogacy contracts.

While the Task Force unanimously recommended the continuation of the existing State policy of declaring traditional surrogacy contracts void and unenforceable, a majority recommended that gestational surrogacy contracts should be legally permitted.

These recommendations align with New York’s proposed Child-Parent Security Act (S.17A / A.6959A), which would legalize compensated gestational carrier arrangements. Gestational carrier pregnancies result from in vitro fertilization (IVF), so the woman carrying the pregnancy has no genetic link to the offspring. Gestational carrier agreements allow for a woman to receive compensation to carry a pregnancy.

“I am pleased that the Task Force on Life and the Law has recognized that New York law should be updated to allow compensated gestational surrogacy,” Assemblywoman Amy Paulin said. “I know from my own experience with infertility, the pain of wanting a child and not being able to have one. My legislation, the Child-Parent Security Act, would help families to avoid some of that pain by removing legal barriers to starting their families in New York.

“The Task Force’s endorsement of enforceable compensated surrogacy is a very important step towards allowing New York families to achieve their dream of legally and securely becoming parents with the assistance of a gestational surrogate without having to travel outside of their home state,” said Denise Seidelman of Rumbold and Seidelman, LLP, whose firm assisted in drafting the Child-Parent Security Act. “We appreciate the enormous effort which the Task Force put into its comprehensive and very thoughtful report.

“RESOLVE is supporting legislation that provides access to gestational surrogacy in several states,” said Barbara Collura, President/CEO, RESOLVE: The National Infertility Association. “We are hopeful that New York will pass the Child-Parent Security Act so that New York residents who need gestational surrogacy to build their families have access.”

It is estimated that over 440,000 New Yorkers are infertile. Revisiting Surrogate Parenting: Analysis and Recommendations for Public Policy on Gestational Surrogacy can be viewed here.

About RESOLVE: The National Infertility Association: Established in 1974, RESOLVE: The National Infertility Association is a non-profit organization with the only established, nationwide network mandated to promote reproductive health and to ensure equal access to all family building options for men and women experiencing infertility or other reproductive disorders. One in eight U.S. couples of childbearing age has trouble conceiving or carrying a pregnancy to term. RESOLVE addresses this public health issue by providing community to these women and men, connecting them with others who can help, empowering them to find resolution and giving voice to their demands for access to all family building options. For more information, visit www.RESOLVE.org.