OUR OFFICES ARE OPEN.
DUE TO COVID-19, PHONE AND VIDEO CONSULTATIONS ARE AVAILABLE TO ALL POTENTIAL CLIENTS AND CURRENT CLIENTS THAT PREFER NOT TO MEET ONSITE. PLEASE DON’T HESITATE TO CALL US IF YOU HAVE ANY QUESTIONS!

New York Divorce & Family Lawyers
Call for a Comprehensive Consultation 347.848.1850
Exceptional Solutions for You & Your Loved Ones Helping New York Families for Over 60 Collective Years

Surrogacy Agreements and Reproductive Rights

New York Reproductive Lawyers

The Child-Parent Security Act, passed in April of 2020, is a comprehensive piece of legislation that details legal parentage and rights for surrogates in situations involving third-party reproduction. The CPSA covers assisted reproduction, surrogacy agreements, IVF, and public health law.

Parents considering assisted reproduction or a surrogacy agreement should be aware that despite the changes to New York reproduction laws, the process of surrogacy and IVF is still complex. Those considering surrogacy should seek legal counsel from a qualified reproduction attorney.

Call Eiges & Orgel, PLLC at (347) 848-1850.

Background and Basics of the CPSA

The CPSA was a monumental effort undertaken by a group of New York attorneys, hormone specialists, and the Protecting Modern Families Coalition. Previously, there were few outright protections for surrogates and very little legislation regarding egg donation and In Vitro Fertilization (IVF) which is the implantation of a frozen, fertilized egg. The Legislature of New York addressed these issues by including protections for surrogates and recommendations to doctors to ensure ethical medical practice during assisted reproduction.

Assisted reproduction occurs when the child is born by implanting a frozen egg, into a surrogate. CPSA legalizes surrogacy through IVF and established parental rights for parents who rely on it to have children. Before 2020, New York was one of only three states that did not legalize IVF for surrogates. This posed a problem for many parents, particularly LGBTQA+ parents who had to endure invasive and expensive evaluations to ensure that both parents and the child would have a legal parental relationship.

The Child-Parent Security Act is a landmark piece of legislation for New York, and it serves as a model to the rest of the United States.

What Does the CPSA Do?

The Child-Parent Security Act provides protections for surrogates and parents in New York when they enter into a surrogacy agreement. For the parents, this means they have a legal relationship with their child from the moment of birth.

Same-sex parents no longer have to undergo demeaning requirements for legally enforceable parenthood. For example, the partner giving birth in a lesbian couple can be named the legal parent of their child immediately after birth regardless of whether they are married. Single women who rely on sperm donors to create a family now have the certainty of secure, legal parenthood.

The CPSA protects surrogates by providing a series of best practices for families, doctors, and attorneys in New York. Essentially, the surrogate has the right to make health and welfare decisions throughout the pregnancy.

Other protections for surrogates under the CPSA include the following:

  • Independent legal counsel
  • A health insurance policy that covers prenatal care, major medical treatments, hospitalization, and behavioral health care during the pregnancy and 12 months after
  • Psychological counseling
  • A right to life insurance policy that takes effect before treatment and is valued at $750,000 or the maximum amount they would qualify for – whichever is lower
  • The right to walk away from the agreement before the pregnancy without penalty

The intended parent(s) cover all of the expenses. The CPSA also assures soon-to-be parents in New York that the surrogate is healthy and capable of carrying the child to term. These rules protect each party involved in the surrogacy process.

Helping Families Come Together

Many parents rely on surrogacy agreements to have children. The process has never been easy, but the CPSA has opened many doors for parents in New York. With the help of qualified legal professionals, families can come together.

At Eiges & Orgel, PLLC, it is our mission to handle our client’s cases with care and personalized attention. We know that every case is unique, and every client has goals and expectations. In our 60+ years of legal experience, we have handled thousands of cases with our proactive approach to legal representation. We have a genuine desire to positively affect change in the lives of the clients we represent.

If you are pursuing assisted reproduction or have questions about how the Child-Parent Security Act will affect you, contact Eiges & Orgel, PLLCtoday.

What Our Clients Are Saying

  • “Ken told me where I would be at the end of the process - and he was right.”

    Kim

  • “Mr. Orgel got me custody of our daughter, more money than I expected and more of the house that I expected.”

    James

  • “I have been very happy with their services.”

    Steve

  • “He took the extra step to make sure I was satisfied.”

    S. Powell

  • “Mr. Eiges made every effort to keep my legal costs low.”

    Anie

  • “Mr. Eiges is the absolute best.”

    F. O.

  • “Mr. Eiges was consistently able to neutralize his efforts, keep things civil, and keep the process moving forward.”

    V. S.

  • “My first meeting with Ken was both enlightening and comforting.”

    Rae

  • “Excellent Advice”

    Tina.

  • “I genuinely felt he and his office cared for me and my children.”

    Jen

  • “Ken is an exceptional negotiator as well as a trial attorney.”

    Matilda

  • “Scott and Andrew were on my case and were very supportive and understanding with everything.”

    Alex

  • “I felt a rapport with you that bodes well as I move forward with this process.”

    M.W.

  • “Compassion, professionalism, integrity and expert guidance are just some words that came to my mind when mentioning Eiges & Orgel PLLC.”

    Former Client

  • “Thanks to Ken I was able to keep my home, my business and make sure my children would be taken care of through college.”

    Former Client

You Want Us On Your Side

Experience is Critical. We've Handled Thousands of Cases Over the Years and We're Ready to Help You. 
Call now for a Comprehensive Consultation.
  1. More Than 60 Years of Collective Experience
  2. Four Attorneys Named to Super Lawyers
  3. Resolved Over 3,000 Divorce Cases
  4. AV® Rated by Martindale- Hubbell®
  5. AVVO Ranked Superb & "Clients' Choice" Winner
  6. Media Appearances On CNN & People
  7. Appointments In-Office, Over the Phone, & Via Skype
Request to Speak With an Attorney
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please make a selection.
  • Please enter your availability.
  • Please enter a message.