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