Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The proposed Child-Parent Security Act, currently under consideration by the New York State Legislature and which Governor Cuomo supports, should be passed.

An increasing number of U.S. states have statutes or case law which in some fashion permit commercial gestational surrogacy. As it stands now, only Michigan and New York have statutes which expressly consider the practice to be criminal. The New York statute, enacted in 1992, indicates that engaging in commercial surrogacy is unlawful and leads to fines and potential felony prosecution. This New York criminalization of surrogacy occurred as a direct result of the infamous 1988 Baby M case in New Jersey (109 N.J. 396 (1988)). “Baby M” was a custody dispute between the birth mother and intended parents. In that case, the baby was the genetic child of the surrogate (this is called a “traditional” surrogacy, rarely done nowadays). A woman cannot relinquish parental rights to her genetic child before birth, so the Baby M contract itself was invalidated. However, the resonance of this case has unfairly hindered the practice of gestational surrogacy, which involves the surrogate carrying an embryo created from the egg of the intended mother or a third-party egg donor (no genetic relation to the surrogate). It is well past the time for New York to join the likes of Illinois, New Hampshire, Maine, New Jersey, Washington and others in permitting—with sensible regulation and standards—commercial gestational surrogacy.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.