Assembly member (D-88th A.D.), chair of the Children and Families Committee, is introducing The Child-Parent Security Act to update New York law to make it easier to establish parentage in cases of assisted reproductive technology.
It will allow gestational carrier agreements, contracts which are currently unenforceable in New York.
“Allowing gestational surrogacy will give hope and opportunity to women and men facing the heartbreak of infertility,” said Paulin.
“The bill also includes a process for obtaining a ‘Judgment of Parentage’ to be issued prior to birth which would allow hospitals to put the intended parents’ names on the child’s birth certificate – instead of having to go to court after the fact," Paulin said. "New York State should remain on the forefront of this groundbreaking issue that supports families, both medically and legally.”
Bronxville resident Marisa Horowitz-Jaffe knows the trauma of infertility firsthand.
After a diagnosis of unexplained infertility, numerous IVF cycles and multiple heart-wrenching miscarriages, Horowitz-Jaffe and her husband, Douglas, turned to gestational carriers in Colorado and Texas. Today they are the proud parents of twins after transferring their embryos to a gestational carrier in Texas.
“We were so lucky to find a gestational carrier to help us," Ms. Horowitz-Jaffe said. "There is no reason for gestational surrogacy to be outlawed in New York, since it puts an even heavier strain on individuals facing infertility who already have numerous health, emotional, and financial concerns to surmount."
"Allowing gestational carriers in New York State will not cost the state any taxpayer funds, but instead will bring in revenue to fertility clinics and doctors," she stated. "Why not keep in New York the money that is currently going out of state to places like Dallas and Denver, while making it easier for infertile couples to find solutions?”
The new bill will bring New York law up to speed with medical technology.
Denise Seidelman, a resident of New Rochelle, spoke on behalf of New York Attorneys for Adoption and Family Formation, the legal advocacy group which assisted Assemblywoman Paulin in drafting the bill.
“The Child Parent Security Act of 2012 will provide clear and decisive legal procedures to ensure that each child’s relationship to his or her parent(s) is legally recognized," Seidelman said. "Medical advances now provide virtually miraculous family building opportunities for parents who would otherwise be unable to conceive a child but in many instances, parentage created through these medical advances is not recognized under current law. The new legal procedures will take into consideration the best interests of the children and the need for clarity and stability in family relationships.”
-Contributed by the Office of Amy Paulin.