Establishes the child-parent security act; repealer

Summary of specific provisions

Section 1 adds a new article 5-C to the Family Court Act, enacting the "Child-Parent Security Act." Part one of the article provides definitions. Part two establishes the requirements and procedure for obtaining a judgment of parentage of a child born: through assisted reproduction or artificial insemination, pursuant to a gestational carrier arrangement, and for a child whose parentage is established pursuant to section 581-601 of article 581-C. Part three sets forth provisions for determining the parentage of a child of assisted reproduction or artificial insemination, Part four authorizes gestational carrier agreements and sets forth the requirements of such agreements. Part five sets forth the conditions for reimbursement and compensation to donors and gestational carriers. Part six provides for determination of parenthood where an individual can demonstrate by clear and convincing evidence that the parent of the child consented to the formation of a parent-child relationship with the child, the person resided in the same household with the child for a length of time sufficient to have established a parental relationship with the child, the person performed parental functions to a significant degree, and the person formed a parent-child bond with the child.

Section 2 repeals section 73 of the Domestic Relations Law.

Section 3 repeals Article 8 of the Domestic Relations Law.

Section 4 provides the effective date.

Justification

New York law has failed to keep pace with medical advances in assisted reproduction, causing uncertainty about who the legal parents of a child are upon birth. In many cases, parentage created through these technologies is not recognized under current law This is not only detrimental to the child; it also causes confusion in many critical situations. For example, a hospital does not know who must give consent when a newborn requires medical procedures.

Importantly, this legislation lifts the ban on surrogacy contracts to permit gestational carrier agreements and sets forth the criteria for such agreements. When all of the requirements set forth in the law are met, the intended parents can obtain an "Order of Parentage" from a court prior to the birth of the child, so that upon birth, the intended parents are the legal parents. The requirements are designed

to ensure that all parties enter into the agreement on equal footing and with full knowledge of their duties and obligations. For example, all parties must be represented by independent legal counsel, and the agreement may not limit the right of the carrier to make her own healthcare decisions.

Because of New York's laws, couples facing infertility and same-sex couples are forced to go out of state in order to have a child via gestational carrier. This is overly burdensome to the parents, who have often already struggled for many years to have a child. Having an out-of-state gestational carrier does not allow for the parents to fully participate in the pregnancy by attending doctor's appointments, etc. It also requires the participants to use out-of-state clinics and medical professionals despite the fact that New York is home to world-class medical facilities and fertility professionals.

This legislation also establishes a legal procedure for a partner of a biological or adoptive parent who has formed a parental bond with a child after birth, with the consent of the biological or adoptive parent to be declared a parent. This will allow such an individual to continue to have a relationship with the child should the relationship with the biological or adoptive parent dissolve.

The Child-Parent Security Act will provide clear and decisive legal procedures to ensure that each child's relationship to his or her parent(s) is legally recognized, The new legal procedures will take into consideration the best interests of the child and the need for clarity and stability in family relationships. It is crucial that New York updates its laws to reflect all the ways in which families are formed.

Prior legislative history

S.4617 of 2013-2014 (Hoylman): Died in Children & Families A.6701 of 2013-2014 (Paulin): Died in Judiciary

Fiscal implications

None

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.