Family Law Section Meeting (AM2021)

Gestational Surrogate Parenting Has Arrived: The Child Parent Security Act Becomes Effective in February 2021

In February 2021, the ban against gestational surrogate parenting arrangements in New York State will be lifted. This sweeping legislation, known as The Child Parent Security Act, overturns a 30-year prohibition against such reproductive arrangements, thereby amending the Domestic Relations Law, the Family Court Act and many other statutes. The statute, which legalizes gestational surrogacy (where the surrogate’s egg is not used and the surrogate has no genetic connection to the child) provides substantial protections for the surrogate, the intended parents and the child. This program will address these protections, the process to ensure the child’s legitimacy, the process to ensure parentage and a step-by-step analysis of the statute’s requirements to obtain the birth certificate.

Key Highlights and Takeaways

The Child Parent Security Act is a sweeping piece of legislation which overturns a 30-year prohibition against gestational surrogacy in New York State. The law creates an entirely new field of practice for our practitioners. Our objectives are primarily educational, namely to provide the education necessary for our practitioners to represent the surrogate, the intended parents and to obtain the legitimacy of the child.

Section Chair

Rosalia Baiamonte, Gassman, Baiamonte, Gruner, LLP.

Program Chairs

Rosalia Baiamonte, Gassman, Baiamonte, Gruner, LLP.

Peter R. Stambleck, Esq., Aronson Mayefsky & Sloan, LLP.