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It is presently illegal in the state of New York for parents to pay a surrogate for the purpose of carrying a child for them until birth. Since 1992, it has been illegal in the state of New York to pay a woman to act as a surrogate to carry a child for them.

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New York is considering changing its law concerning assisted reproduction and surrogacy. The Child-Parent Security Act (CPSA) is now being considered by the New York State legislature. In addition, Andrew Cuomo has a task force on life and law which is considering the legalization of financial inducements and surrogacy agreements. It should be pointed out that the law outlawing compensating women for acting as surrogates came into effect in 1992 when Andrew Cuomo’s father, Mario Cuomo was the governor of New York.


The Child-Parent Security Act is presently the law in 22 states. This law being considered by the legislature in New York permits the payment of a woman pursuant to a surrogacy agreement to carry a child to birth. If this law comes into effect it will replace the laws in New York which currently make surrogacy agreements illegal. Gay and Lesbian Rights organizations have been spearheading the change in this law in the state of New York. This is because they often turn to assisted reproductive technology for the purpose of bearing children.

Elliot S. Schlissel, Esq. Is a Family Law Attorney practicing matrimonial and family law throughout the metropolitan New York area and representing clients in issues concerning children throughout the metropolitan New York area.Attorney Elliot S. Schlissel

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