NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6701
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the family court act, in relation to
establishing the child-parent security act; and to repeal section 73 and
article 8 of the domestic relations law, relating to legitimacy of chil-
dren born by artificial insemination and surrogate parenting contracts
PURPOSE OR GENERAL IDEA OF BILL:
To legally establish a child's relationship to his or her parents.
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 defi-
nitions. Part two establishes the requirements and procedure for obtain-
ing a judgment of parentage of a child born: through assisted reprod-
uction 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 artifi-
cial 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 gesta-
tional 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 house-
hold 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 pa rent-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 technolo-
gies 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:
A10499, 2012, referred to judiciary.
FISCAL IMPLICATION:
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.
