Surrogacy legalized in New York: why it matters

Ever since Kelly Cesare married Alex in November 2019, she has dreamed of a child. But a 30-year-old school psychologist who survived childhood cancer cannot stand a toddler. Now the couple has a chance, as surrogacy has been legalized in New York State. New York Post.

“My problem is that my heart is not strong enough to beat for me and for the fetus,” said Kelly, who was diagnosed with B-cell lymphoma at age 7.

Her cardiologist offered to hire a gestational surrogate mother - a woman who carries a couple's fertilized egg without a genetic link to the embryo.

But this option was not considered - until this week. On February 15, after years of struggle, paid surrogacy became legal in New York, allowing many couples to finally have children.

“From my teens, I knew it would be difficult for me to have children,” said Kelly, who said she was willing to pay $ 130 to have a baby through gestational surrogacy.

This is the total price, including the costs of legal services, health insurance, and surrogacy agency services.

On the subject: How an impostor doctor from Brooklyn saved the lives of 6500 children

Previously, New Yorkers had to travel to California or the Midwest, where paid surrogacy has long been legal, for those who want to receive surrogate mother services.

But for Kelly, this was not the right option. For medical reasons, she was limited to choosing a surrogate mother within two hours of driving from Weill-Cornell Medicine in New York. The cardiologist recommended that she only do the fertilization of the egg there. And now she is glad that she finally got the chance to have a child without leaving her home state.

Despite the prevalence of surrogate motherhood, it is still shrouded in a mass of myths and prejudices. ForumDaily found out the real state of affairs and debunked the most popular myths in this area, and also learned how to become a surrogate mother in the USA. All this information - here.

Damaged reputation and restoration of good name

Surrogacy got a bad rap following a high-profile 1985 case involving New Jersey surrogate Mary Beth Whitehead.

Whitehead used her own egg to help a childless couple, William and Elizabeth Stern, conceive a child, and after giving birth refused to give birth to a baby known as Baby M.

Although the Sterns eventually received full custody of the child, the New Jersey Supreme Court annulled their surrogacy contract, and the case led to a ban on paid surrogacy in New York and New Jersey.

It took more than 30 years to re-legalize it. The law to legalize this practice in New York was passed in April 2020 and came into force on February 15, 2021. Its supporters believe it will allow more people, including those with fertility issues or same-sex relationships, to experience the joy of parenting.

On the subject: What an immigrant needs to know if he is admitted to a hospital in New York

They also point out that it provides protection for surrogate mothers and guarantees them the right to make their own medical decisions. In addition, most modern surrogate mothers are fertilized through IVF using someone else's egg, which excludes the possibility of repeating the Mary Beth Whitehead scenario.

Money is not the main thing

Critics of surrogacy argue that the industry preys on women in difficult times, but advocates insist that this is not true.

Agencies generally reject applications from surrogacy candidates for whom finance is a major factor. They also check the health, mental stability and motivation of the applicants. The selection process includes a thorough assessment of mental and physical condition.

Although compensation for surrogate mother services can be as high as $ 60, plus full coverage of insurance and medical care during pregnancy, surrogacy agencies insist that finances play only a small role. The main motivation, they say, is the desire to help and give joy to the family.

Clinics in states where the service has long been legal say they had many New York clients. Therefore, it is now expected that there will be high demand in the state for this procedure.