Insights from the Drafters of New York's Child-Parent Security Act: Examining the Parentage Paradigm Shift

The Child-Parent Security Act (CPSA), which went into effect in New York on February 15, 2021, overturns New York State's long-standing criminal prohibition on compensated surrogacy arrangements and establishes clear rules for determining the parentage of children conceived through assisted reproduction (conceived using donor eggs, sperm or embryos). This program, presented by drafters of the Act Denise Seidelman and Casey DiPaola, will discuss how the CPSA has created a paradigm shift from parentage by biology/giving birth to parentage by intentions. The program will also discuss the basics of assisted reproduction and surrogacy, the rules of parentage under the CPSA, the eligibility criteria for the participants in surrogacy arrangements, the requirements for surrogacy agreements, the parentage proceedings in ART, and surrogacy matters left unresolved by the CPSA.

This course will benefit attorneys new to the field of assisted reproduction and surrogacy and for attorneys who are familiar with these areas of law outside of New York State who would like to learn about the unique aspects of the CPSA.

Learning Objectives: 

1. Review the basics of ART and surrogacy and the participants involved 

2. Consider the rules of parentage for assisted reproduction

3. Identify eligibility rules for surrogates and intended parents

4. Prepare the required contractual provisions for surrogacy agreements

5. Discuss parentage proceedings in surrogacy matters