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The Surrogacy Roadblock

The Surrogacy Roadblock


Did you know that it is actually illegal to do surrogacy in the state of New York? With the growing number of gay couples looking to have children, this law will have to change sooner rather than later. Read about a couple seeking to make that happen.

Surrogacy is an increasingly viable option for gay couples, along with straight couples who experience infertility, to add to their families. Unfortunately, it's not as cut-and-dried as it would seem, and it can be like opening Pandora's Box, depending on what state you live in. Surprisingly, New York and many other states are still ass-backwards in regard to their surrogacy laws. New legislation, however, is looking to fix exactly that.

The following is taken from the New York Times article "And Surrogacy Makes 3" about a gay couple from New York who could not have their baby there due to the antiquated law but might be able to change things:

A month before their baby's due date, Brad Hoylman and David Sigal got a call from the woman they had hired to have their child. ... Four weeks later, the baby was induced, and Mr. Hoylman flew in [to San Diego] for the birth. ... They had their baby in California because if they had had her in New York, they would have been breaking a 1992 New York law that bars commercial surrogacy contracts and equates them with baby-selling. ... Now Mr. Hoylman, as a novice state senator, is in a position to do something about it. He is the co-sponsor of a proposed law that would overturn the current law and make compensated surrogacy legal in New York State.

What are some of your thoughts on surrogacy -- have you considered this as an option, or are there obstacles preventing it? Are you familiar with your state's surrogacy laws?

FRANK LOWE is The Advocate'sparenting writer. Follow Frank on Twitter @GayAtHomeDad and on Instagram at gayathomedad.

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