The Child Parent Security Act

A bill to Protect Modern Families in New York State

Over the past three decades, medical technology has evolved in ways that allow new options for people who were previously unable to have children. Unfortunately, New York’s outdated laws lag far behind most other states in easing the burden for families who rely on assisted reproductive technology to become parents.

To raise awareness of the issue and mobilize supporters to take action, Family Equality Council has formed the Protecting Modern Families Coalition, a group of leading LGBTQ, religious, and infertility advocacy organizations dedicated to passing the Child-Parent Security Act.

The Child-Parent Security Act will modernize New York law to support and protect families that utilize assisted reproductive technology, such as in vitro fertilization or gestational surrogacy.

Existing New York law is painfully out of date and hostile to modern families. Unlike states with more supportive laws, current New York law governing assisted reproductive technology relies primarily on biology rather than intention to determine parental rights. Under current law:

  • Non-biological parents are often subjected to intrusive, expensive and time-consuming processes to establish legal parenthood.

  • New York is one of only two states that bans and criminalizes the practice of compensated surrogacy, curtailing the only option available for many families to have a biological child while eliminating the option of serving as a surrogate for women who would like to.

  • Sperm and egg donors can be granted rights and responsibilities they don’t want, while intended parents and their children are forced into legal limbo.

The Child-Parent Security Act, sponsored by Senator Brad Hoylman and Assemblywoman Amy Paulin, would modernize New York law by adopting best practice recommendations of the American Bar Association and the NY Health Department’s Task Force on Life and Law. This legislation will:

  • Ensure that intended parents who enlist the help of a third-party to conceive their child have a secure legal relationship with their child from the moment of birth.

  • Eliminate demeaning and expensive requirements for establishing parenthood for lesbian couples and other couples where one of the intended parents is a non-biological parent.

  • Legalize gestational surrogacy (where the surrogate is not genetically connected to the child because she did not contribute her egg), provided that the arrangement follows “best practices” in the field that protect the interests of the surrogate, intended parents, and child.