Krueger introduces alternative bill to legalize surrogacy

By Maria Rocha-Buschel

State Senator Liz Krueger, along with Assemblymembers Didi Barrett and Daniel O’Donnell, announced the introduction of legislation that would legalize and regulate surrogacy last Thursday. The legislation would legalize and regulate compensated gestational and genetic surrogacy, in addition to establishing protections for all parties involved in assisted reproductions and egg and sperm donations.

State Senator Brad Hoylman previously introduced legislation to legalize surrogacy that passed in the State Senate but died in the Assembly earlier this year. While Krueger and Hoylman have been in regular communication about the issue, Krueger felt that her bill provides more protections for individuals involved in assisted reproduction and surrogacy than Hoylman’s legislation, so she felt that it was necessary to introduce her own alternative.

“Surrogacy can be a satisfying and positive experience, but it is also a complex physical, emotional, and legal process with the potential for serious negative outcomes,” Krueger said. “That is why it is vital to have protections in place for everyone involved, especially low-income people. We need to clarify the law in this space in order to make an array of assisted reproduction options available to New Yorkers while also protecting the health, safety, interests and rights of all parties, including intended parents, people acting as surrogates, egg- and sperm donors and children.”

Gestational surrogacy is the process by which a fertilized embryo, created using the eggs and sperm of the intended parents, is implanted into the surrogate mother, meaning that the surrogate is not genetically related to the child. In genetic surrogacy, the surrogate uses their own egg and is artificially inseminated with the sperm of the male intended parent, and the surrogate is genetically connected to the baby.

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