The law will take effect next year with the financial support of the State: a true promotion of the practice. In this sense, the new budget of the State includes the cost for its applications. The Offical web of the State says;
Governor Cuomo is again making it a priority to repeal the ban on gestational surrogacy. He has launched the “Love Makes a Family” campaign to help fight for the rights of LGBTQ couples and people struggling with fertility by pushing for the legalization of gestational surrogacy in this year’s budget.
The approved law establishes criteria for surrogacy contracts that would provide the nation’s strongest protections and help to surrogates and parents.
Gestational surrogacy is being debated in Western countries, and indeed there are few countries that allow it. We have published several articles on this issue, highlighting the humanitarian, ethical, medical and legal concerns (read HERE). Read also our article published in Linacre Quarterly HERE.
Last April, in the middle of the New York coronavirus crisis, Governor Andrew Cuomo took the last step to legalize gestational surrogacy contracts. If it goes through, the bill would legalize and regulate such commercial contracts and impose rules intended to protect surrogates, future parents and babies. The New York State Catholic Conference had argued that surrogacy contracts have been used to exploit surrogates around the world (Business News, Dec. 30 2019).
According to a new research report discussed in GlobeNewswire, “Technological advancements in assisted reproductive technologies, rising awareness regarding infertility treatment, and a growing number of fertility clinics will drive the surrogacy market growth over the forecast period”. In fact, the global surrogacy market is expected to pass $27.5 billion by 2025.
From a bioethical point of view, surrogate pregnancy objectifies women and the children themselves, degrading their status of a human being by treating them as an object of a commercial contract. To this is added the long assisted reproduction treatment and the severe rules that this commercial contract imposes over the women and their families, an objective intrusion of their privacy. Furthermore, it could deprive the children of a mother or father in the frequent cases that same-sex couples decide to have a child.
Gestational surrogacy contracts will have legal effects affecting the more weak of the persons involved