New York’s new Child Parent Security Act (CPSA) came into effect in February 2021. The CPSA updates New York’s parenting law in many ways, including legalizing compensated gestational surrogacy. Our attorneys are ready to support you in negotiating and drafting a gestational surrogacy agreement.
A surrogate is a person who becomes pregnant without the intention of being a parent, with an embryo implanted in their uterus to carry to term for intended parents. ‘Compensated surrogacy’ means that the surrogate who is pregnant with the fetus is paid, as opposed to ‘altruistic surrogacy,’ in which the surrogate volunteers for a friend or relative - which, as you can imagine, is a huge and rare gift. In gestational surrogacy, the surrogate is not biologically related to the fetus, and the egg of an egg donor or an intended parent is used instead. This creates one more legal and emotional barrier against a surrogate getting painfully attached to the baby. ‘Traditional surrogacy’ means that a surrogate’s own egg is used. Compensated traditional surrogacy is still illegal in NY.
Thoughts from Diana: Keys to finding the right attorney for your gestational surrogacy contract! Choose an attorney with a compassionate approach using collaborative law principles who will give you personalized attention. Your attorney should meet this test:
Yes, I’m a contract lawyer saying so! People have the bad habit of signing contracts without really internalizing them. When making agreements with your surrogate, look for an attorney who will encourage as much face to face (even if by Zoom) conversations with your surrogate to articulate hopes, intentions, boundaries, and concerns, and make sure everyone is on the same page. Then, those agreements go into the written contract. This is the best way to prevent misunderstandings and allay fears on both sides. Attorneys who are also mediators or trained as collaborative attorneys will be likely to be skilled in facilitating potentially challenging or vulnerable conversations.
Same-sex couples, LGBTQIA families, and single parents by choice should feel confident that every person who interacts with you, from your lawyer to their staff, understands your family and will treat you with respect.
Pregnancies are vulnerable times. Entrusting your embryo to another person is inherently vulnerable as well. You may feel anxious and need support along the way. In those moments, think about who you want to be picking up the phone to support you as your attorney. At a large firm, you may feel like one of many clients and not get much direct contact with your attorney, instead speaking to a variety of support staff. Make sure that you’ll get the support of your advocate when you need it. Surrogacy is a situation that calls for the full Counselor at law role of attorneys, in viewing clients holistically with their emotional needs met as well as a strong contract.
We are ready to support you in this journey! Contact us for a consultation.
Diana Adams Law & Mediation, PLLC is thrilled to support the start and growth of new families, and pursues adoption for couples, second-parent adoption for the partners of biological parents, and gay adoptions.
Our attorneys negotiate and execute contracts between egg and sperm donors and potential parents and assist these families in navigating the complex legal landscape around these relationships and planning for a future that is protected from unwanted legal consequences.
Our attorneys mediate and negotiate family and parenting intentions between adults who wish to create their families with intention. Non-coupled co-parents, three-parent families, polyamorous family groups, and other nontraditional family members benefit from our support in clarifying and codifying their intentions and expectations around financial, emotional, and practical interdependence and future planning. These agreements can accompany or stand independent from a marriage.
Wills and advance directives are powerful tools that our attorneys use to help our clients protect their autonomy and families in the event of tragedy. We support our clients in having the difficult conversations and making the crucial plans that allow them to live without fear for their family. We have created advance planning documents to protect LGBQ, transgender and gender non-conformng, and polyamorous clients, and create wills to fulfill our clients' specific needs and prove for their chosen families. See our page on Will and Estate Documents HERE.
Our attorneys are extensively trained in mediation, collaborative practice, restorative and transformative justice practices, nonviolent communication, and a wide and varied range of conflict resolution tools. We take our greatest pride in helping our clients find peace and creativity in times of conflict, whether that's community disputes, family conflict, divorce, or any other kind of trouble.
Whether through mediation, collaborative law, or a creative alternative justice process tailored to a client's needs, we facilitate productive and collaborative problem-solving in divorce or other conflict.
We assist clients in finding out-of-court solutions to their conflicts, which de-escalates tension, minimizes cost, and protects the well-being of all involved. Visit our page on Alternative Justice HERE.
Our attorneys support the peaceful disentangling of our clients' legal and financial ties upon divorce. We prioritize resolving any areas of disagreement quickly, with a minimum of expense, and without the stress of court appearances.
When there are areas of disagreement about finances, child custody, or property that seem difficult to overcome, we work with our clients to determine the best way forward.
In the event that utilizing a court process is the best way forward for our clients, we advocate fiercely for them so they can move on in the best financial and emotional state possible.
Both Diana Adams and Andy Izenson are trained, experienced, and skilled mediators and collaborative attorneys who can help transform conflict into understanding on many issues.
Our attorneys are experienced with complex matters of child custody, visitation, and support in the realms of out-of-court negotiation and supreme and family court. We assist clients with resolving these disputes with a focus on the well-being of the child and a peaceful co-parenting relationship, focusing on the underlying needs and concerns of each parent to find a positive and creative solution that doesn't force co-parents to be adversaries.
Our Senior Associate Attorney Andy Izenson is a leading educator for other attorneys on transgender cultural competency and legal service, and we are honored to support these communities.
Our attorneys have over a decade of experience working directly with people affected by intimate partner violence. We work comprehensively through legal and extralegal avenues, including Orders of Protection, divorce and attendant work, safety planning, and strong connection to New York City's survivor resources and services, to give our clients the support they need.
As well as extensive legal background in this area, Ms. Adams has also been a rape and domestic violence crisis counselor and a self-defense/empowerment educator. See her bio for more information.
Andy and Diana work to create policies and infrastructure for community ethics and accountability for organizations in fields ranging from educational institutions and therapy providers to art collectives, and have been educating around alternative justice systems for many years at colleges, professional conferences, and with activist groups. Please visit our Alternative Justice page for more information.
Our attorneys primarily draft family contracts, which translates into skill in drafting many types of other contracts, unless industry specific knowledge is required.
We have been extensively honored for our direct and educational work in service of LGBTQ families. Our training and experience are in support of our commitment and passion to providing support and protection to our community members.