Bill S.2071-A-Hoylman/A.1071-B-Paulin is an ill-advised piece of legislation that does nothing to promote the important policy goal of security and stability in parent-child relationships. The sponsors of the bill propose to legalize compensated surrogate parenting contracts and to create a confusing and deeply problematic legal framework for assisted reproduction. For the convenience of individuals and couples who are unable to have children of their own, the bill would reduce women’s reproductive capabilities to the status of a contracted service and endanger the well-being of children.
While this legislation no doubt appeals to the small number of affluent New Yorkers who seek to rent women’s wombs, and while the bill would most certainly provide new and novel opportunities for attorneys who practice family law, legislators should consider only one question when determining their stances on this bill. That question is: Would children in the State of New York be better off if Bill S.2071-A-Hoylman/A.1071-B-Paulin became law? Because the answer is clearly “no,” the legislation must not be enacted.