Last week, Our Town Downtown–one of our sister publications–posted an eye-opening piece on local surrogacy legislation. The article considers the case of the Musmans, a Brooklyn couple who wanted to have a baby via gestational surrogate. But, as Alissa Fleck notes, “commercial surrogacy, or paying a woman to act as a gestational carrier for another’s baby, is still illegal in New York state, one of six U.S. territories where the arrangement is outlawed.” So, the Musmans went to Connecticut.
Since 1992, commercial surrogacy has been illegal in New York. Fleck’s piece gives an informative review of the 1986 case of Baby M, whose birth mother changed her mind, and, in the aftermath of that messy trial, the state outlawed paid surrogacy.
I have to admit that I was embarrassingly unaware of this law. But the article caught my attention mostly because I’m at a point in my life where having babies is in the near future–hopefully. I’m in my mid-20s and would like to become pregnant naturally in the next few years, but what if it’s simply not possible for me and my husband? If surrogacy is our next best option, as New Yorkers, what will we do? Will we cross state lines like the Musmans and take matters into our own hands? Will we ask one of our sisters to act as an altruistic surrogate–which is legal in NY? Will we simply adopt? Or will we do the unthinkable–and give up altogether?
Women’s reproductive rights constitute some of the most important issues of our time. One of the more poignant moments in last night’s Vice Presidential debate occurred when moderator Martha Raddatz asked Biden and Ryan about their stance on abortion with regard to their Catholic faith. But, religion aside, a person’s decision to have a baby should be just that–a personal decision. Beyond that, I want to live in a state where we’re moving forward, granting citizens more human rights, not taking them away. As commercial surrogacy is becoming a more popular option for women beyond their reproductive years, for gay couples hoping to have a son or daughter, and for everyone else who comes up against unforeseen reproductive obstacles, law makers should respond in support of family planning.
Looking ahead, if current surrogacy law isn’t repealed sometime soon, Connecticut isn’t looking so bad.
Whitney C. Harris is Deputy Editor of New York Family. She can be reached at wharris@manhattanmedia.com
