Despite its reputation for legislative progressiveness, prior to the passage of the Child Parent Security Act (CPSA), New York had one of the nation’s most antiquated surrogacy laws featuring a ban on enforceable compensated surrogacy arrangements. That ban, which imposed harsh penalties on those participating in compensated surrogacy arrangements, resulted from the infamous Baby M case which involved a contest between the surrogate (who had supplied the egg used in conception) and the child’s intended parents. The CPSA which recently gained passage does not apply to situations where the surrogate supplies the egg.

The CPSA is a comprehensive parentage law which addresses the parentage of all children born through third-party reproduction (egg, sperm, embryo donation and gestational surrogacy) and establishes clear rules for determining when someone is a parent and how they can prove it. The CPSA acknowledges the massive advancements in reproductive medicine and brings New York into alignment with the rest of the nation. The CPSA not only harmonizes New York with other states, the statutory protections afforded the participants in these arrangements have become a model across the country.

This presentation, by two attorneys who were among the primary drafters of the legislation, will do more than simply survey the law. The attorneys will discuss their decade-long journey from the courtroom to the legislature, moving New York into the 21st Century, moving away from parentage by biology (giving birth) to parentage determined by the intentions of the parties at the time of conception. The presenters will alert you to key CPSA statutory requirements to help avoid pitfalls. They will also discuss the related issue of court requirements for New York State parentage proceedings. Finally, the presenters will describe the rapidly changing surrogacy landscape in New York to arm you with the real-world picture that New Yorkers relying on Third Party Reproduction to form their families will want to know.

*This course qualifies as a Transitional course and can be taken by both Experienced and Newly Admitted attorneys in NY.