Intended Parent FAQs
At The Law Offices of Laurie B. Goldheim we offer New York and New Jersey families skilled and compassionate legal services surrounding surrogacy. Below are some commonly asked questions about surrogacy that you should consider as you chose your family building path.
What’s the difference between traditional and gestational surrogacy?
Traditional Surrogacy: a woman provides the egg and the intended father (typically) provides the sperm. The child is conceived with the intention of relinquishing the child to be raised by the biological father alone, or with his partner. After the birth of a child by traditional surrogacy, an adoption proceeding must be held for the traditional surrogate to relinquish her parental rights and establish legal parentage of the child. Traditional surrogacy is high-risk, legally, and is prohibited in some states for this reason.
Gestational Surrogacy: the intended parent(s) secure and provide the genetic materials for the embryo (sperm and egg), and the gestational surrogate becomes pregnant through IVF. After birth, the gestational carrier places the child with the intended parent(s), who will become the legal parents. The legal agreement between the collaborating parties must be carefully crafted and reviewed by ART lawyers representing the gestational surrogate as well as the intended parent(s), to ensure the rights of all parties involved, including the child, are protected.
What role would you play as my ART lawyer?
What does surrogacy typically cost?
Can I have a legally binding surrogacy agreement in New York State?
The Child-Parent Security Act brings New York law up to date with developments in reproductive medicine by replacing New York’s inconsistent and outdated laws around surrogacy and donor conception with a legal framework for establishing the recognition of legal parentage for children born of assisted reproduction upon birth. The law also provides for the disposition of stored genetic material upon death or divorce.
The Child-Parent Security Act is a monumental advancement for families in New York State. By repealing the prohibition and criminalization of compensated gestational surrogacy arrangements, among other important changes, the law supports and protects modern families and enables New York residents to build families with greater legal certainty.