Rejoice – New Surrogacy Laws around the world!

It’s not every day that surrogacy laws are changed for the better around the world. The laws in the state of New York and the country of Portugal were just updated. These updates bring about an encouraging outlook on the future of global gestational surrogacy.  Every positive step forward – no matter the size – is a step forward in the bigger picture for surrogacy! 

Portuguese Surrogacy Law

The Portuguese Parliament approved a law authorizing gestational surrogacy on Nov.25, 2021. This new law has received positive feedback from the National Council for Medically Assisted Procreation, as well as the Portuguese Society for Reproductive Medicine. According to this new law, the gestational surrogate must have had at least one healthy pregnancy leading to a child of her own. The law also states that the contract should receive prior authorization from the National Council for Medically Assisted Procreation. The surrogate will keep the baby until the time of registration of the child. This must take place up to 20 days after the birth.


New York Surrogacy Law 

New York signed the Child-Parent Security Act (CPSA) into law last April 3rd, 2020. However, it only went into effect on Feb.15, 2021. The Child-Parent Security Act provides detailed protections for surrogates for their safety. This law can be confusing which is why it is best to have an experienced New York surrogacy attorney to advise Intended Parents or Gestational Surrogates on their journeys. Regardless of the state you live in,  you should always use a trusted Surrogacy Agency, such as The Fertility Agency to assist with your surrogacy.


Updates on the Uniform Parentage Act of 2017  

The UPA 2017 law has been updated to include a uniform legal framework for establishing parent-child relationships. The model law, and states adopting it, are updating their parentage laws in light of significant changes in the legal recognition of same-sex marriage and families, as well as the expanding use of gestational surrogacy and other ART practices. These updates will take effect in January 2022. 

The UPA 2017 is an updated model statute created by the National Conference of Commissioners on Uniform State Laws (NCCUSL). It was first created in 1973 and updated in 2002. The goal of this is to provide “states with a uniform legal framework for establishing parent-child relationships” by setting out clear rules and procedures as continually expanding medical and societal advances enable a more expansive definition of parentage and families.

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