Assembly Member Paulin Pushes To Legalize Gestational Carriers In New York

The Child-Parent Security Act would update NY law.

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.

willithappen May 17, 2012 at 03:30 AM
Flowertime you said it all! Thank you. As for adoption, if there is such a great need, then stop having your own biological children and help fulfill that need. It is not left up to infertiles to fill this need, if it is truly a social problem then all able bodies should forego their ability to conceive in order to adopt. Anyone that wants to say that surrogacy is immoral according to the Bible, hasnt read the Bible. Essentially given your husband a handmaid (a common practice for those that were infertile during Biblical times) was a surrogacy placement. Your handmaiden's children were considered your own and were raised as such. Furthermore, just as you said Paladin clothes are not immoral, they were considered wrong in the Garden of Eden. Today they are not. Forks were considered immoral because God gave us hands to eat with, but go to any SUnday dinner after church and see how you would be looked down on for using your hands. Morality changes with the times. God may be unchanging, but man is forever changing.
April R. Simanoff May 17, 2012 at 02:06 PM
This will help shape the fabric of how wished-for families are realized with different and recognized vehicles to family building. Hope for intended parents everywhere! ...former Chair of The Northeast Region & The Long Island Affiliate of Resolve: The National Infertility Association
Monet Peterson June 18, 2012 at 10:41 PM
Reading the messages on here , is pretty hurtful to people like me who were not born with a vagina and had their uterus removed as a teen because if the complications from MRKH syndrome. For someone to say "God either meant for you to have kids or not." does not make any sense. IF GOD does exist, he created man and gave man the knowledge to create the technology for such a process to happen. How is it that you can donate your organs, but not volunteer your body? There is nothing wrong with someone wanting to help another couple have a biological baby. Unless you are someone suffering from infertility and who wants a biological child then I dont feel you should comment on something you cannot relate to. The comments on here have crossed the line. What Paulin has done is give me hope..only to see people trying to take that away from me too. Please stop and live your own life.
Monet Peterson June 18, 2012 at 10:44 PM
Thanks @ Flowertime! Many people do not "get it".
dcmc October 30, 2012 at 09:35 AM
North County Hound - I really hope that one day you are never faced with a medical issue. Then will you just simply state, God wanted it to be this way? Cancer. Would you simply let yourself die and not turn to medical experts? Heart Disease. Would you ride it out and see what happens? Probably not. Thinking before we say something is something that only mature and intelligent people do. I guess we know where you are on that spectrum, huh?


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