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How NY affects national laws pertaining to fertility/surrogacy

by Fertility & Surrogacy Legal Group, APC | Jul 12, 2021 | Surrogacy Law

Recently, New York ended its ban on surrogacy. However, the state added something to its new law. What does this mean for California couples who battle with infertility?

Ending a long ban on surrogacy

New York has always been the odd man out in the fertility debate. Until recently, it forbade commercial surrogacy, which is the practice of paying a willing woman to carry a pregnancy to term even though it’s not hers. In the process, the overturning of the ban now offers protection to couples and women consenting to take on the role of a surrogate.

Introducing a new law for consideration?

It’s interesting to note that the NY law does more than open the door for couples to receive this infertility service locally. In addition, it requires would-be parents to pay for a surrogate’s health insurance for up to 12 months after the child’s birth. This step adds tremendous expense to an already costly process.

How will California lawmakers respond?

Paying for surrogacy from start to finish is expensive. Even though there are grants and loan options, national laws pertaining to fertility/surrogacy can create a considerable financial burden for a couple hoping to become parents.

If local laws adopt the health insurance requirement, it would add another set of expenses to the process. In fact, it might change national laws pertaining to fertility and surrogacy in particular altogether. So far, lawmakers haven’t said anything.

When you’re ready to make the step to becoming parents, it’s a good idea to reach out for help. Because this is a potentially confusing process, consider working with a legal group that helps would-be parents in surrogacy situations.