California’s favorable surrogacy laws may soon spread across the nation. The Golden State is known as one of the most progressive areas in the country for people hoping to expand their families via surrogacy. Unlike other parts of the country, intended parents have the ability to establish parental rights before a baby is born and contracts can be written that protect both the intended parents and the gestational surrogate.
To learn more about the surrogacy process, visit CaliforniaSurrogacy.org.
California is a popular destination for intended parents, drawing people from other parts country and across the globe. While numerous countries have been cracking down on the practice, such as Australia, India, Mexico, and Thailand, California has revamped its laws to make the surrogacy process safer for everyone. In America, each state sets its own guidelines. Arizona has a law that makes “surrogate parent contracts” illegal and, in Indiana, they’re deemed “void and unenforceable.” Washington D.C. has some of the strictest laws in the U.S., which includes fines of as much as $10,000 or prison time for anyone who attempts to enter into a written agreement.
New York’s laws are unique in that they do not outright ban surrogacy, nor does the state have any rules against contracts. However, any form of commercial surrogacy is completely forbidden. Individuals, agencies, and lawyers who become involved could face legal consequences. On the other hand, New York does allow “compassionate surrogacy,” in which the gestational carrier does not receive any compensation. Despite this, there are no laws on the books that protect the rights of intended parents. The gestational carrier is the legal mother of the child, even if she has no biological ties to him. To further complicate things, the state also assumes the woman’s husband is the father of the baby, even in cases of surrogacy. Intended parents must either petition the courts for rights and prove they have a biological relationship to the child or go through the court system as an adoption.
Visit CaliforniaSurrogacy.org to register as an intended parent or to become a gestational surrogate in California.
New York’s laws may be revamped, in order to make them more like California’s, as well as more friendly for those in gay marriages. The bill that might change it all was introduced by Senator Brad Hoylman and is known as the “Child-Parent Security Act.” It’s a cause that’s dear to Hoylman, as his own daughter was born with the help of a California surrogate. Back in 2014, he and his husband David Segal remarked about what a magical experience the birth was, with both fathers being present to hold the baby and cut the cord. This moment could not have happened in New York, and still could not, based on the laws today.
The New York Post recently revealed insider information that could be a total game changer. “The governor’s Task Force on Life and the Law is quietly looking at lifting the prohibition,” the news agency said. Although this is the early stages, experts believe that New York’s change in stance could be the start of a trend, with more states updating their laws to accommodate the needs of their citizens.
– See more at: http://www.datsyn.com/press-release/14330/2016/08/13/U-S-Surrogacy-Laws-Expected-to-Change-but-the-Battle-Has-Not-Been-Won-Yet#sthash.e4G0xLg8.dpuf
Source: Featured News