For some couples getting to the “baby” part of the rhyme is a bit more challenging – especially if you’re a gay couple living in NY. That’s all because of an antiquated 1992 law that prohibits surrogacy.**
But that could change if Brad Hoylman has anything to do about it. As a novice state senator, Mr. Hoylman is the co-sponsor of a proposed law that would overturn the current law and make compensated surrogacy legal in New York State. This is a situation near and dear to him and his husband David; as their daughter Silvia is the beautiful result of a wonderful gestational surrogacy agreement. Although the couple resides in New York, they had their baby in California so they wouldn’t be breaking the law.
Ridiculous, don’t you think?
New York, which has a large number of fertility clinics, not to mention a flourishing gay community, is not able to offer commercial surrogacy to those who want (and need) it.
Surrogate baby-making has long been a path taken by the rich and famous, partly because it takes good legal advice and money to accomplish. The long list of celebrities that have used surrogacy to grow their families have gone a long way in normalizing the process. Supporters of the bill argue that making surrogacy more widely available could reduce the exorbitant costs – allowing more ordinary couples the opportunity to have the family they always wanted.
**As of February 15, 2021, the Child-Parent Security Act is a law that legalized gestational surrogacy in New York State.
Original post Feb 20, 2014
Updated May 5, 2022