Westchester County Surrogacy Lawyer

Gestational Surrogacy in New York became possible with the enactment of the Child-Parent Security Act (CPSA) in 2021. The CPSA legalized gestational surrogacy — arrangements in which the surrogate does not provide the egg for conception— creating new opportunities for hopeful parents in New York who are unable to gestate a pregnancy.  Gestational surrogacy involves medical considerations and legal considerations.  New York law requires all parties to a gestational surrogacy arrangement enter into a Gestational Surrogacy Agreement that complies with New York law and specifically incorporates the New York Surrogate’s Bill of Rights.  To ensure that all parties are protected throughout this process, each side requires knowledgeable, experienced, independent legal representation licensed in New York. Our Westchester County, NY surrogacy lawyer assists intended parents, surrogates working with a surrogacy agency, independent surrogates, and altruistic surrogates understand their respective responsibilities and rights, and ensures the proper elements of a successful surrogacy journey are established and memorialized at the outset of your arrangement, including requisite life insurance, health insurance, establishment of escrow account, and other requirements.  If you are at the planning stage of your surrogacy journey, you may desire to schedule a complimentary consultation at your convenience.

Surrogacy Lawyer, Westchester County, NY

The path to parenthood via surrogacy is a deeply personal, yet exciting time. Addressing legal requirements and putting safeguards in place for the intended parents and the surrogate alike can be the deciding factor between a successful and fulfilling surrogacy journey for all parties and a frustrating journey marked by poor communication and unmet expectations.  A well-drafted, comprehensive Surrogacy Agreement should act as a roadmap for the entirety of your surrogacy journey from medical and psychological clearance through the birth of the child and postpartum period.  Your Gestational Surrogacy Agreement should incorporate all the requirements of the Child Parent Security Act, and address the specifics of your surrogacy arrangement including factors such as compensation, reimbursements, health insurance coverage, medical decision making authority, anticipated delivery hospital, lifestyle changes, travel restrictions, how legal parentage will be obtained, and more.  Working with an experienced surrogacy lawyer is a non-negotiable.

Our experienced Westchester County surrogacy lawyer understands the legalities and logistics of surrogacy agreements and has a deep understanding of New York law and legal process.  Oleaga Law LLC has experience with many complex surrogacy arrangements, both domestic and international, and has represented countless intended parents and gestational surrogates on surrogacy journeys in New York, equipping our firm to best prepare you for a smooth journey.  We craft detailed agreements customized to your surrogacy arrangement, planning each step from before embryo transfer to the birth of your baby and through the newborn stage and postpartum recovery period.

New York Surrogates, whether compensated or altruistic, agree to assume medical risk and make a commitment to undergo an embryo transfer procedure and carry a child for another couple or individual.  Surrogates deserve legal protections to be stated clearly in their Gestational Surrogacy Agreement including their right to make all health and welfare decisions regarding their pregnancy, their right to seek care from health care providers of their own selection, their right to independent legal counsel paid for by the intended parents, their right to a comprehensive health insurance policy paid for by the intended parents, and more. New York is the only state with a Surrogate’s Bill of Rights, though the rights enumerated therein are considered best practices among the surrogacy professional community.  Our firm clearly outlines your rights and responsibilities in your contract, and drafts terms that balance the surrogate’s right to bodily autonomy with the intended parents’ right to make decisions about their child.  Janene Oleaga, Esq. ensures that crafting the Gestational Surrogacy Agreement is a collaborative process in which the voices of all parties are heard and incorporated.  New York intended parents can rest assured that their parental rights to their child will be secured by obtaining a pre-birth judgment of parentage from the appropriate New York Court.  This permits the intended parents to be legally recognized as the child’s legal parents from the moment of birth, so they make medical decisions for their child and take their child home from the hospital, and so their names can be placed on their child’s birth certificate.  The court process to establish parental rights in New York also makes clear that the surrogate has no responsibility for the child, and is not recognized as a legal parent of the child.

Clarity, communication, and collaboration are the foundation for every successful gestational surrogacy arrangement.  At Oleaga Law LLC, we create Gestational Surrogacy Agreements that adhere to New York law, outline the rights and responsibilities of each party, and address the facts specific to your surrogacy arrangement and the desires and expectations of all parties.

Why Our Experience is Important for Surrogacy Legal Matters

Surrogacy is the most incredible gift a woman can provide a hopeful parent.  It can be a fulfilling and remarkable experience to enable another couple to become parents, but legal protections and guidance from a qualified New York surrogacy lawyer are essential to a successful surrogacy journey.  Our Westchester County surrogacy lawyer has drafted countless Gestational Surrogacy Agreements in compliance with New York law, and has helped even more intended parents obtain pre-birth judgments of parentage for their children born through gestational surrogacy.

• Firm founder Janene Oleaga presented on surrogacy and other paths to parenthood for LGBTQ families in New York alongside New York Supreme Court Judge Hon. Bernice D. Siegal.
• Ms. Oleaga has played a role in landmark legal matters, including a groundbreaking New York Supreme Court ruling recognizing three parents in Matter of Baby D.K.N.
• Attorney Oleaga was named one of Maine’s 40 Under 40 for her leadership in reproductive rights and family formation.
• Our firm has been featured in national publications such as U.S. News & World Report, Good Housekeeping, Out Magazine, SHAPE, and Above the Law
• We hold a 5-star Google rating from the many families we’ve supported on their family building journeys through assisted reproduction and adoption.
• Ms. Oleaga sits on the boards of AllPaths Family Building, the New England Fertility Society, the BIVF Foundation, and NYAAFF, working to broaden access to fertility care and family-building resources for everyone regardless of sexual orientation, gender identity, marital status, residence, or genetic connection.

Protect your growing family with the help of the legal team at Oleaga Law LLC. Call us for a consultation with your questions about family building anytime.