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Every New Yorker deserves access to evidence-based medical treatments and procedures in order to
become parents and build families. As New York women who care about this fundamental right, we ask
for your leadership to ensure passage of the Child-Parent Security Act (the “CPSA”) this session. This
legislation would end New York’s anachronistic ban on compensated gestational surrogacy – one of only
three states to do so -- and replace it with the strongest protections in the country for women acting as
gestational surrogates.
The constituencies whose lives would be improved upon passage of the CPSA include women and
couples experiencing infertility, people living with cancer, gay and single men, and the women who
choose to serve as gestational surrogates.
For infertility patients, the decision to utilize the assistance of a gestational surrogate often follows years
of costly and invasive medical treatments, which have failed to result in a live birth. When a woman, who
has always anticipated carrying her own child, is advised that gestational surrogacy is her best option for
becoming a parent, she must overcome difficult emotional hurdles to adjust to that reality. To then learn
that her home state bans the practice and that the individual or family must incur the additional expense of
travel to another state, is burdensome and unfair. In addition, the inability to “share” the pregnancy with
the gestational surrogate, sometimes even missing the birth of the child, adds another level of pain and
loss.
Cancer patients often don’t have the time (or money) to take the necessary steps before starting their
cancer treatments to avoid becoming infertile after cancer treatment, whether from the loss of ovaries or
uterus, compromised reproductive system, or other foreseeable or unforeseeable consequences of their
disease. For some, surrogacy is the only option available for those in remission after a cancer diagnosis.
Travelling out of state is often one additional hurdle that is insurmountable or unnecessarily arduous.
And for gay men and/or single men who want to have a biological child, working with a surrogate is,
quite simply, the only path to biologically connected parenthood.
Finally, for the people who serve as gestational surrogates themselves, passing this legislation restores
their body autonomy and dignity, while at the same time, guarantees the broadest protections, broader and
better than any other state in the country. The Surrogate Bill of Rights in the bill, among other things,
guarantees the surrogate has the sole right to terminate the pregnancy, the sole right to make medical
decisions, and the ability to choose independent legal counsel throughout the process, defrayed by the
intended parents. Recognizing those safeguards, the Women’s Bar Association of the State of New York
endorsed the legislation, noting that it “incorporates protections sufficient to minimize the inherent risks
and balances conflicting social and ethical obligations.”
Under your leadership, New York State has become a beacon of progress for women and the LGBTQ
community. We must continue on this path of progress to ensure an environment that provides all New
Yorkers with the opportunity to build a family. This can only occur by ending New York’s ban on
surrogacy and replacing it with a law that would establish New York as the national leader in supporting
all people who rely on assisted reproductive technology to fulfill their dreams of becoming parents and
building families.
Sincerely,