How does paternity law address surrogacy and egg donation?

In New York, paternity law, which is the area of the law that governs legal paternity rights and responsibilities, addresses surrogacy and egg donation by allowing for legal recognition of a parental relationship that may arise as a consequence of such practices. When using surrogacy or egg donation to start a family, the intended parents must go through a legal process to ensure that they will be recognized as the legal parents of the child born through the surrogate or egg donor. For surrogacy, the intended parents can enter into a gestational carrier agreement. This agreement states the rights and obligations of the intended parents and the gestational carrier during the pregnancy and delivery. After the baby is born, the intended parents are the legal parents and the gestational carrier has no legal rights to the child. In regard to egg donation, intended parents must enter into an egg donor agreement. This agreement states the rights and obligations of the intended parents and the egg donor. After the baby is born, the intended parents are the legal parents and the egg donor has no legal rights to the child. Moreover, under New York law, a surrogate or egg donor may not be listed on the birth certificate as the biological parent of the child. Legally recognizing the intended parents as the child’s parents protects the child’s right to know their genetic background and to have a legal relationship with their parents. By addressing surrogacy and egg donation, paternity law in New York ensures that the intended parents are the legal parents of the child.

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How does paternity law address surrogacy and egg donation?

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