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The New York Times article on April 2, 2022 (“Desperately Seeking Surrogates”) has some accurate information contained within along with plenty of misguided and misleading statements.  Some key points:

• Surrogate mother (gestational carrier) fees are NOT unregulated at all.  What they are not is “pre-fixed” (antitrust litigation in the third party area of fertility has made sure that won’t happen).  However, judges who issue parentage orders in surrogacy matters can and often do inquire as to the compensation and other costs which are paid.  There is judicial oversight – not the “wild west” atmosphere which is implied in the story.
• When gestational carriers (“GC”) and intended parents (“IP”) are left to negotiate compensation on their own, it can often devolve into an unseemly and emotional exercise in bargaining.  IP are beyond eager for a child and know GC are in demand and the GC is aware that she is a scarce resource and is venturing into a negotiation with generally well-heeled and anxious benefactors.  Having set fees ahead of time – generous and known to all – eliminates this type of horse-trading and accomplishes the goals of both sides.  IP want their GC to know she is appreciated and being treated well.  GC wants to feel valued and respected for her vital contribution.

What is on the mark in this piece is the realization that there are fewer qualified carriers these days to go around.  More couples and singles (single men and women are intended parents,

We feel for any parents-to-be who are fearful and frightened about the outcome of their pregnancy, but the situation in Ukraine right now is unique and particularly disturbing. 

Ukraine effectively replaced India some years ago as a venue for low-cost surrogacy and intended parents from the US, Europe and other parts of the world have been gravitating to the country to be able to work with clinics, programs and gestational carriers at fees they can more easily afford.  It is completely understandable that for aspiring parents of more modest means who also desire a genetic link with their child, the costs associated with a top-flight US-based IVF clinic, established surrogacy program and qualified and responsible surrogate mother are often prohibitive. 

Sadly, there are trade-offs in the pursuit of lower cost surrogacy – quality of medical care, background of carrier and security of the legal proceedings had been the chief ones intended parents needed to understand and accept.  Now political unrest and potential for violence/war have to be risks taken into consideration.  We are hoping that every surrogate mom in Ukraine gets to complete her pregnancy in a safe environment and every intended parent ends up with a healthy baby.

Sanford Benardo has an editorial in the Albany Times Union about NY’s new surrogacy legislation.

Read the article on the Times Union site

The Child-Parent Security Act has passed in New York, but the regulations for a New York surrogacy are so onerous, I suspect most New York residents will work out of state anyway. The law is applicable to situations where the carrier resides in and/or will deliver in New York State.  If intended parents live in New York and work with an out of state gestational carrier, the additional burdens and expenses involved with satisfying New York’s statutory requirements will not apply.  New York’s statutory framework in the CPSA has been promoted (by the legislators and lawyers involved in its creation, primarily) as ground-breaking.  It is not.  Many states and surrogacy programs have been protecting carriers and intended parents carefully and comprehensively for years.

Please watch this video before applying to be a surrogate (gestational carrier). If you meet the basic requirements it is easy to submit our on line application.