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New York: It's Time to Legalize Ethical Surrogacy

New York, one of only three states to prohibit compensated surrogacy, is faltering on a bill to legalize the practice in the state

With the Democratic takeover of the State Senate in the 2018 elections, legislators in New York have been busy passing any number of long-held progressive priorities, from a sweeping package of bills strengthening rent regulations to others aimed at expanding and protecting voting access in the state. But as the legislative season comes to a close, another initiative, which looked all but assured to pass just a couple months ago, now stands in limbo: the legalization of gestational surrogacy via the Child-Parent Security Act.

New York is just one of three states that doesn't already permit surrogacy in some form, but we are closer than ever before to finally legalizing this important family-building option for LGBTQ people and those who struggle with infertility. The Child-Parent Security Act has passed the State Senate, and Governor Cuomo has promised to sign it. But the legislation is now stalled in the State Assembly, where a number of legislator and advocates have unfortunately spoken out against it. Assemblywoman Deborah Glick has called the practice "pregnancy for a fee" and the "commodification of women." Gloria Steinem likened the practice to allowing "profiteering from body invasion."

But State Senator Brad Hoylman, the bill's sponsor and himself a gay father of two via surrogacy, is nonetheless pressing ahead. "My two beautiful daughters were born through gestational surrogacy," he wrote via Twitter. "They are everything to me. Every family in NY, whether LGBTQ or struggling with infertility, should have the same opportunity."

We at Gays With Kids couldn't agree more, which is why we've brought you countless stories of gay dads, like Senator Hoylman, who have realized their dream of fatherhood through the incredible medical advancements of the last several decades that make surrogacy possible.

But even more importantly: we've brought you the stories of surrogates themselves — a perspective so often left out of the morality debate surrounding surrogacy — who help illuminate the incredible and diverse set of reasons women decide to become surrogates. The joy many of these women take in helping others realize their dream of parenthood via surrogacy is truly palpable, and couldn't sound more different from the alarmist and coercive reality painted by surrogacy's critics.

Here are just a few of their voices:

  • Shelly Marsh, told us of the urge she felt after becoming a mother herself to help others who can't start families as easily. She subsequently worked with two separate gay couples to do exactly that. "My girls are my life," she told us of her decision to become a surrogate. "If I have the ability to share that love with someone else, that is what I wanted to do."
  • Heather Manojlovic told us about some of the reasons she enjoyed working to make fatherhood a reality for gay intended parents. "The fact that I was able to help someone that may have had to overcome a lot of adversity during his lifetime to fulfill a dream meant so much to me," she wrote.

  • Another surrogate we profiled told us about the experience of working with an HIV positive man, a population of people who once thought biological fatherhood would never be in their future, become a dad through the Special Program for Assisted Reproduction (SPAR) program. "I knew they didn't have the same number of gestational carrier match options that gay men who weren't part of the SPAR program had," she wrote. "It felt even more gratifying for me to be able to be the person who helped make their dreams come true."

To be clear: surrogacy does indeed raise any number of moral and ethical issues that should absolutely be discussed before legalizing it. Abroad, surrogacy is often left unregulated, which creates a system that does in fact take advantage of women and their families who serve as surrogates. And let's face it: surrogacy is expensive, meaning this form of family creation is far too often available to just a privileged few.

But rather than ban the practice completely, why not work to improve these shortcomings?

Many efforts are underway to help tackle surrogacy's hefty price tag. The non-profit organization Men Having Babies has been fighting for years to offset the considerable costs associated with surrogacy for gay men. New York Senator Kirsten Gillibrand, who is currently vying for the 2020 Democratic nomination for President, has suggested insurance companies be required to cover some parts of the process, such as IVF treatments, for LGBTQ couples and others who can't get pregnant independently. And an increasing number of corporations, like Target, are offering benefits to their employees to cover some aspects of surrogacy's costs.

Senator Hoylman has also taken steps to shore up protections for surrogates by including a "Surrogates' Bill of Rights," the first of its kind in the country, as part of the legislation. Under the bill, surrogates will have guaranteed access to legal advice and extended medical benefits. By passing this legislation, New York will finally catch up to the 47 other states that already permit gestational surrogacy in some form, allowing LGBTQ people and others impacted by infertility to realize their dream of parenthood in the state they call home. But we will also have the opportunity to do something arguably more important — set the national standard for the ethical practice of surrogacy.

If you live in New York State, please take a second to send a message to your representative asking them to support the bill.

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