What are the laws related to gestational surrogacy in the United States?
Gestational surrogacy is a form of assisted reproductive technology (ART) in which a woman (known as a surrogate) carries a child for another person or couple. In the United States, laws regarding gestational surrogacy vary a great deal from state to state. In New York, gestational surrogacy is legal, but there are certain requirements in order to ensure the legal rights of all parties involved. Under New York state law, the surrogate will need to be at least 21 years old and have had at least one child of her own. The Surrogacy Agreement must be in writing and must be signed by both the intended parents and the surrogate. The agreement must be detailed, outlining all expenses and legal rights of all parties involved, and must be approved by a court before it is valid. In addition, the surrogate must provide written consent, and the intended parents must be screened by a mental health professional. The intended parents will also need to be present when the child is born in order to establish legal parentage. In some cases, intended parents may need to file an adoption petition with the court to secure their parental rights. Overall, New York state law recognizes gestational surrogacy as a viable option for intended parents looking to grow their families. It is important to consult with a qualified professional to make sure that all the proper steps are taken and all the legal requirements are met.
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