The New York Child-Parent Security Act (CPSA) is unique in many ways:
One… Surrogate’s Bill of Rights.
The Surrogate’s Bill of Rights is a unique, protective provision included in New York’s CPSA that ensures certain rights to all individuals acting as surrogates in New York pursuant to a New York Surrogacy Agreement.
Two… Residency Requirements.
To enter into an enforceable New York gestational surrogacy agreement, at least one intended parent and the gestational surrogate must be citizens of the United States or lawful permanent residents and either the surrogate or the intended parent who is a United States citizen must have been a resident of the State of New York for at least six months. This requirement precludes international couples from entering into an enforceable New York surrogacy agreement.
Three… Health Insurance Requirements.
The CPSA requires that all gestational surrogates have a comprehensive health insurance policy. The policy must be in effect prior to the gestational surrogate taking any medications in connection with the embryo transfer process and must extend through the duration of the pregnancy and for twelve months following any end of the pregnancy. The intended parents are responsible for paying for the gestational surrogate’s health insurance premiums and for all gestational surrogate’s co-payments, deductibles, and out-of-pocket medical costs associated with the surrogacy arrangement. A gestational surrogate who is not receiving any compensation may waive her right to these payments.
Four… Life Insurance Requirements.
The CPSA requires that, prior to the gestational surrogate taking any medications, the intended parents procure and pay for a life insurance policy which provides the gestational surrogate with a minimum benefit of $750,000.00 (or the maximum amount for which the gestational surrogate qualifies, if less than $750,000.00). The term of the policy must extend through the duration of the pregnancy and for twelve months following any end of the pregnancy. A gestational surrogate who is not receiving any compensation may waive her right to this benefit.
Five… Parentage Proceedings.
In order to obtain a pre-birth judgment of parentage in the State of New York, the gestational surrogacy agreement must have met the requirements of the CPSA. However, the court may, in its discretion, issue a judgment of parentage if it determines that the surrogacy agreement is in “substantial compliance” with the CPSA requirements.