Some feel New York surrogate laws are outdated

Posted By The Law Office of Kelley M. Enderley, PC || 25-Mar-2014

There are some who would argue that New York laws as regard surrogacy have not kept up with existing technology. New York laws currently do not allow for contracts between individuals contemplating surrogate birth - nor does it allow for couples to offer compensation for surrogacy.

One Assemblywoman has proposed legislation that would help spell out such agreements. Her legislation would also allow for couples to pay surrogates for their services. "We are one of the few states that does not allow this," the assemblywoman stated. She is aware that residents are looking for alternatives. However, she feels not having a statute in place makes it more difficult for these prospective parents and forces them to go out-of-state to look for a surrogate.

Many advocates feel that a change concerning birth regulations is overdue. Same-sex couples in particular are interested in the outcome because of the opportunities surrogacy would provide in allowing for them to become parents. It also provides alternatives for women who would otherwise have difficulty in giving birth the option of being allowed to have children.

We will have to see what actually happens in the legislature to discover whether changes to the law will be forthcoming. However, what this debate does illustrate is that the divorce and family law areas are constantly evolving. We may see changes in the way divorces are tried, the way child support or alimony payments are managed, and factors in the way child custody dispute matters are resolved. Attorneys engaged in the practice of family law will need to keep up with the latest legislation and remain familiar with current case law.

Source: The Journal News, "A family matter: The push to change N.Y. surrogacy law," Jane Lerner, March 2, 2014