Gestational surrogacy in New York is now possible thanks to the passage of the Child-Parent Security Act (CPSA) in 2021. Previously prohibited throughout New York State, gestational surrogacy is now not only possible, but legally protected in New York. (Note: Traditional surrogacy, in which the surrogate provides her own egg for conception of the child she carries and births, remains prohibited under New York law).
Now, a gestational surrogate may carry and birth a child for another individual or couple after the transfer of an embryo to her uterus. The embryo may be created with gametes from the intended parents, or gametes from an egg donor or sperm donor. This legislation has firmly solidified New York as the most protective state for gestational surrogacy journeys with the enactment of the New York Surrogate’s Bill of Rights and other requirements for gestational surrogacy arrangements in the State of New York. Our Brooklyn, NY surrogacy lawyer guides intended parents and gestational surrogates through the legal requirements of each phase of the surrogacy journey to ensure all parties are protected, and the intended parents are recognized as the child’s legal parents from the moment of birth. At Oleaga Law LLC, we consider every contingency during your surrogacy journey. It’s our job to ensure that your gestational surrogacy agreement is clear, comprehensive, and addresses how legal parentage will be established and how birth certificates and other documents will be obtained. Call us today for a confidential consultation.
Surrogacy Lawyer Brooklyn, NY
Working with a gestational surrogate to carry your child is an experienced filled with hope, anxiety, gratitude, and stress. A clearly drafted gestational surrogacy agreement ensures you can be a part of the process throughout the pregnancy, attending medical appointments with your gestational surrogate and ensuring your presence at the birth of your child. But there’s a lot to address before you take your new baby home from the hospital, beginning from the time you create embryos. A gestational surrogacy contract outlines the rights and responsibilities of all parties, protects your legal parentage, and addresses other specifics to your gestational surrogacy arrangement. Our Brooklyn surrogacy lawyer drafts comprehensive agreements that details each party’s responsibilities and rights throughout the journey, including outlining medical decisions, obtaining life insurance and health insurance, providing terms for compensation and reimbursement, and addressing how to resolve unforeseen events.
Acting as a gestational surrogate, whether compensated or altruistic, requires considerable effort regarding your health, lifestyle restrictions, and participation in medical and legal aspects of the journey. You deserve protection, and our attorneys deliver. We explain your rights as a surrogate and clearly outline lifestyle restrictions during your surrogacy. We are committed to negotiating a fair surrogacy agreement that honors the balance between the surrogate’s body and pregnancy with the intended parents’ child. Bodily autonomy is at the core of every gestational surrogacy agreement, with the understanding that there is the intended parents’ child being carried.
Leading up to the delivery, we facilitate communications with the hospital or birthing center and guide you through the post-birth legal process including obtaining the child’s birth certificate and any travel documents and citizenship forms. We are firm believers in preventing problems before they arise and placing protections around you and your family beforehand. We complete all the legal paperwork necessary for the intended parents to grow their family through gestational surrogacy, while ensuring the surrogate’s rights are protected.
Why Our Legal Experience Matters For Surrogacy Concerns
Surrogacy is a selfless, beautiful gift. (3 Things Surrogates Want Intended Parents to Know). What other life experience embodies hope and love in the way surrogacy enables one person to carry a child for another? But failing to plan the legal aspects of the surrogacy journey can come with unintended consequences. Our Brooklyn surrogacy lawyer carefully drafts your surrogacy contract to adhere to current New York law and is by your side throughout the entirety of your surrogacy journey to address legal considerations at each step in your journey.
- Our firm has been featured by national outlets including U.S. News & World Report, Parents, Good Housekeeping, Out Magazine, SHAPE, The Advocate, and Above the Law.
- We hold a 5-star Google rating from the many families we’ve supported in building their families.
- Firm founder Janene Oleaga was recognized as one of Maine’s 40 Under 40 for her leadership in reproductive rights and family formation law.
- Ms. Oleaga has contributed to landmark legal cases, including a groundbreaking New York Supreme Court decision recognizing three parents for a child born through assisted reproduction.
- Ms. Oleaga serves on the boards of AllPaths Family Building and the BIVF Foundation, and the New England Fertility Society, helping increase access to fertility care and family-building resources.
- Janene Oleaga worked alongside GLAD law to enact a confirmatory adoption law in Maine.
There’s more to a surrogate pregnancy than medical care. Let Oleaga Law LLC handle your legal care. Call us today to learn more.
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