"Techniques that entail the dissociation of husband and wife, by the intrusion of a person other than the couple (donation of sperm or ovum, surrogate uterus), are gravely immoral. These techniques (heterologous artificial insemination and fertilization) infringe the child's right to be born of a father and mother known to him and bound to each other by marriage. They betray the spouses' 'right to become a father and a mother only through each other.'"
Previously, all surrogacy in New York was known as "altruistic" surrogacy as the surrogate mother could not be paid for carrying the child.
One of the bill's co-sponsors, Assemblywoman Amy Paulin (D-Scarsdale), said that the passage of commercial surrogacy was a move to "bring New York in line with the needs of modern families, while simultaneously enacting the strongest protections in the nation for surrogates."
Under the new law, those wishing to use a surrogate must pay for her life insurance during the pregnancy and for one year after giving birth, and the "intended parents" must pay for legal counsel for the surrogate mother. Surrogates must be at least 21 years of age.
Paulin has worked on legalizing commercial surrogacy for 14 years, and first introduced legislation to legalize the practice in 2012.
She said her bill would provide "the opportunity to have a family in New York and not travel around the country, incurring exorbitant costs simply because they want to be parents."
Surrogacy costs range from $55,000 to nearly a quarter of a million dollars.
In addition to the legalization of commercial surrogacy, the budget bill also banned plastic foam containers and flavored vaping products, instituted new paid sick leave requirements, expanded wage mandates, and introduced new policies that make it more difficult for third parties to qualify for ballots.
The legalization of commercial surrogacy goes into effect on February 15, 2021.