If you will use a surrogate in New York to have a baby, you should be aware of the law concerning requirements for your will.
The New York State Unified Court System explains the legalization of gestational surrogacy in 2021 brought with it some strict standards.
The Child-Parent Security Act dictates that if you wish to use a surrogate, you must create a legal will to cover two important aspects. The first is that you must designate someone who will ensure the fulfillment of your obligations under the Gestational Surrogacy Agreement.
The second requirement is that you must name someone to act as the guardian for the child born from the surrogacy agreement.
Before 2021, you could not use a surrogate legally in New York, so the passing of this law was incredibly important. However, one of the reasons why it took so long to legalize is that such agreements are highly litigious.
To avoid legal disputes, New York legislatures decided to enact these rules. In the event you die or are otherwise physically and mentally unable to care for the child that results from your surrogacy agreement, these two new will requirements will ensure the child and the surrogate have a plan in place.
The naming of a guardian is especially important because New York law automatically names the person who gives birth to a child that child’s parent. Despite the legalization of surrogacy, this did not change. So, if you are unable to fulfill the agreement, the surrogate would have legal responsibility for the child, which is not fair to her.
Together, these requirements help to protect the surrogate and ensure she receives all payments and rights under your surrogacy agreement while also protecting the child.