Gestational surrogacy legalized in NY: Here’s what parents, surrogates need to know

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NEW YORK (WWTI) – New insurance protections and rights for surrogates and parents will take effect in New York on February 15.

Governor Cuomo’s FY 2021 Enacted Budget legalized gestational surrogacy in New York.

“When we passed legislation lifting the antiquated ban on gestational surrogacy we included the nation’s strongest protections for both surrogate mothers and parents alike,” Governor Cuomo said. “I remind and encourage all New Yorkers to review these new insurance protections and rights as they go through this process.”   

As part of the FY 2021 Enacted Budget, surrogates now have the right to life insurance coverage obtained and paid for by the parents.

Surrogates also have the right to comprehensive health insurance that is paid for by the parents that must cover maternity care benefits and preventive care and screenings relating to pregnancy. 

Parents can now purchase insurance that covers their financial losses if the surrogate fails to perform under the surrogacy contract. Parents may also may purchase donor medical expense insurance.  

“This administration has made it a priority to fight for and secure reproductive health rights for all New Yorkers. As this law takes effect, we remind surrogates and parents to know their rights for peace of mind during the family planning process,”  Melissa DeRosa, Secretary to the Governor and Chair of the New York State Council on Women and Girls, said.

“New York continues to take nation-leading actions to protect all New York families and we remind New York parents and surrogates of their new insurance protections and rights. These are commonsense protections that establish safeguards and set insurance standards for a smooth surrogacy process for all parties,”  Superintendent of Financial Services Linda A. Lacewell said.

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