With the arrival of 2020, it’s hard to believe there are still three states where compensated gestational surrogacy is illegal. Louisiana, Michigan, and….New York? What? It’s true, and it seems like a surprise to many people who were not aware this was the case until they were faced with fertility issues themselves, or started pursuing alternative family-building measures.
Sadly, it has been this way for quite awhile, and advocacy groups such as RESOLVE have been fighting for legalized surrogacy in New York, along with comprehensive and fair surrogacy legislation that will ”establish criteria for surrogacy contracts that would provide the nation’s strongest protections for surrogates and parents and streamline the “second parent adoption” process, removing outdated barriers and extending common-sense protections for New Yorkers looking to start their families”.
The antiquated laws in these states where gestational surrogacy arrangements are still illegal serve to remind us of the fear, uncertainty and ignorance under which these anti laws were established. As the technology keeps evolving – along with attitudes about what “makes” a family – many of the states where surrogacy was recently prohibited (New Jersey, Washington, etc) have turned a corner after public sentiment has warmed to the idea of surrogacy as a healthy, legitimate way to build a family. Governor Cuomo is determined to lift the New York surrogacy ban once and for all, recognizing that people who are unable to conceive or carry their own children should have the right to build their families through assisted reproduction. This includes families faced with infertility issues, LGBT families, and all folks who dream of having and are capable of raising their children. These deserving families should never be judged by those whose opinions are based in fear and misinformation, and it’s encouraging to know that this point of view is more fringe than mainstream.
It is our hope that Governor Cuomo is able to pass the surrogacy bill through the New York legislature this year, and that countless families will be unburdened by the overturning of these draconian laws. It’s not over yet – but we can hopefully all breathe a sigh of relief that soon New York will take a step in the right direction, allowing access to countless families to proceed with gestational surrogacy.
And, with any luck, soon we may see all 50 states protecting the rights of folks to build their families. Fingers crossed!
You can read the press release here.