Until recently, New York had one of the most antiquated surrogacy laws in the nation. The laws included a ban on enforceable compensated surrogacy arrangements which imposed harsh penalties on anyone who participated in compensated surrogacy. This remained until the recent passage of the Child Parent Security Act (CPSA) is fairly comprehensive, yet does not cover situations where the surrogate supplies the egg.

The CPSA addresses parentage of children born through third party reproduction including egg, sperm, gestational surrogacy and embryo donation and offers clear rules for establishing parenthood and required proof. While recognizing the incredible progress in reproductive medicine, the CPSA brings New York, with its reputation for legislative progressiveness, in alignment with the rest of the country where such legislation already exists. The CPSA also serves to provide participants with the statutory protections that are already in place throughout the US.

This CLE course, given by two attorneys who were among the legislation’s primary drafters, will go beyond a mere survey of the law and will delve into the decade-long journey to pass legislation which moves from parentage by biology to parentage by party intention. The course will explain the key CPSA requirements to avoid pitfalls and will address the related issue of New York State court requirements for parentage proceedings. The course will conclude with a review of the rapidly progressing surrogacy landscape in NY and offer a real-world assessment of what New Yorkers looking to third party reproduction need to know.