The Child-Parent Security Act has passed in New York, but the regulations for a New York surrogacy are so onerous, I suspect most New York residents will work out of state anyway. The law is applicable to situations where the carrier resides in and/or will deliver in New York State. If intended parents live in New York and work with an out of state gestational carrier, the additional burdens and expenses involved with satisfying New York’s statutory requirements will not apply. New York’s statutory framework in the CPSA has been promoted (by the legislators and lawyers involved in its creation, primarily) as ground-breaking. It is not. Many states and surrogacy programs have been protecting carriers and intended parents carefully and comprehensively for years.
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