New York, NY - Assemblymen Jeffrey Dinowitz and Richard N. Gottfried convened a public hearing on Thursday to hear testimony from experts on the issue of gestational surrogacy, a procedure which allows same-sex couples and couples facing infertility or other unique circumstances to have children who are partially or entirely genetically their own. New York State is currently one of only six states that do not allow surrogacy contracts, which has led to complications medically and legally as modern medicine outpaces state law. Currently, hospitals and court rooms have struggled with confusion and uncertainty around parental rights of sperm and egg donors when the child is born. New York appellate courts have also called upon the legislature to provide clarity when there is a dispute between surrogates and donors over legal parentage.

Testimony was heard from legal experts, fertility doctors, and advocates who generally displayed support for legalization of gestational surrogacy.

Witnesses highlighted several concerns regarding the current statute banning compensated gestational surrogacy in New York. Some concerns

included: requirements for a biological mother to file for adoption in order to have parental rights of her own genetic child, forcing couples who cannot conceive children of their own to travel out-of-state and expend significant amounts of money, and an inability for surrogates to receive compensation for medical bills and other costs commonly associated with pregnancy.

Several witnesses spoke in favor of legislation sponsored by Assemblymember Amy Paulin as something they felt would modernize New York's law and help provide needed clarity to the issue. This legislation, A6959A, known as the "Child-Parent Security Act", would repeal the prohibition on compensated gestational surrogacy contracts. This prohibition has been in effect since 1992. The Child-Parent Security Act would also help to provide clear and decisive legal procedures to ensure that children born through surrogates have recognized parental relationships with the intended parents, preempting disputes that arise should a surrogate assert parental rights or should genetic donors attempt to renege on their agreements.

Assemblyman Jeffrey Dinowitz (D-Bronx) said: "Today's hearing was highly informative and provided a fresh look at our current laws on gestational surrogacy. I think it is clear that existing law has been insufficient in keeping pace with modern medicine and the needs of all couples who want children. Surrogacy has become increasingly more common, and many couples do not have any other option for having children of their own. We need to make sure that the law protects everyone while being fair to all prospective New York families, and right now I don't think that is the case."

Assemblyman Richard N. Gottfried (D-Manhattan), chair of the Assembly Health Committee, which cosponsored the hearing, said: "Today's compelling testimony gives strong support for the Hoylman/Paulin (S.17-A, / A.6959-A) bill. We need to bring our law into the modern world for people whose families depend on surrogate parenting. The hearing also showed that the Hoylman/Paulin bill reflects extensive input and careful drafting. It's impressive that so many experts in their fields came to share their perspectives and opinions. We will continue to hear from people on both sides of the issue."

Assemblymember Amy Paulin (D-Scarsdale) said: "New York's current laws on surrogacy are nearly 30 years old. This hearing was an important opportunity to reexamine how much our state has changed culturally and legally, especially with marriage equality and the far more common practice of gestational surrogacy, rather than traditional surrogacy. I know from my own experience with infertility and the pain of wanting a child and not being able to have one, that we ought to do what we can to avoid some of that pain for families wanting to start their families in New York by removing legal barriers constructed in a very different time and context"