NBC has the story:
No Longer an Outlier: New York Ends Commercial Surrogacy Ban. New York's longstanding ban on commercial surrogate pregnancy is about to end nine years after a bill to rescind it was first introduced. By David Crary
"Instead of being a national outlier, New York will become a leader, according to experts on surrogacy . They say the new law, passed in April and taking effect on Monday, has a surrogates’ bill of rights providing the nation’s strongest protections for women serving as surrogates.
"Among the provisions: the right to independent legal representation, a guarantee of comprehensive medical coverage, and the right to make their own health care decisions, including whether to terminate or continue a pregnancy.
“We went to California because it had the best laws,” Hoylman said. “Now New York has the best law. We think it’s a model for other states.”
"The new law allows gestational surrogacy on a commercial basis, involving a surrogate who is not genetically related to the embryo. An egg is removed from the intended mother, fertilized with sperm and then transferred to a surrogate — in contrast to so-called traditional surrogacy that involves an egg from the surrogate. The gestational option is welcomed by many LGBTQ people who want to be parents, as well as by couples struggling with infertility.
"With the change in New York, surrogacy advocates say only Louisiana and Michigan have laws explicitly prohibiting paid gestational surrogacy. Nebraska has no explicit ban, but a statute there says paid surrogacy contracts are unenforceable.
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"Gestational surrogacy routinely costs between $100,000 and $150,000. Hoylman declined to estimate the total costs incurred by him and Sigal but said, “It was worth every penny.”
"Among the standard costs are fees for lawyers and the surrogacy agency, the cost of in vitro fertilization, plus compensation and health insurance for the surrogate. Compensation rates vary widely — generally $25,000 to $50,000.
"The first bill seeking to repeal the New York ban was introduced by Assemblywoman Amy Paulin in 2012, the year Hoylman was elected to the Senate. It floundered for years in the face of staunch opposition by the Roman Catholic Church and some feminists, who argued that paid surrogacy led to the exploitation of women.
“Under this bill, women in economic need become commercialized vessels for rent, and the fetuses they carry become the property of others,” renowned feminist Gloria Steinem wrote to lawmakers in 2019.
"New York Gov. Andrew Cuomo, who earlier in his tenure pushed hard to legalize same-sex marriage, argued in response that the surrogacy ban was “based in fear, not love” and was especially harmful to same-sex couples."
HT: Nick Arnosti.
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Here's a related story from the NY Times:
Meet the Women Who Become Surrogates. New York State will now allow gestational surrogates to carry babies for other parents. Here’s why they do it. By David Dodge
"In 1995, Lisa Wippler, having recently retired from the Marines, moved with her husband and two young sons to Oceanside, Calif., and was contemplating her next chapter in life. The answer came while lying in bed one night, reading an article about infertility.
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"Last year, Ms. Wippler — by this point a three-time surrogate herself — was part of a delegation of surrogacy advocates who traveled to Albany, where she had the opportunity to share her story with lawmakers considering whether to legalize the practice in New York State.
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"In her advocacy work, Ms. Wippler said, she has been befuddled to hear the arguments put forward by opponents — some of whom contend the surrogacy industry preys on poor and vulnerable women.
“I’m a retired Marine,” she said. “I can guarantee you no one coerced me.”
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"A surrogate’s compensation varies by a number of factors, including geographic location and whether she is a first time or experienced carrier. At the Los Angeles-based agency where Ms. Wippler now works as the director of surrogate admission, the range falls between $30,000 and $60,000, which is typical across the industry in the United States, she said."
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