Legal Parentage Under the Child‑Parent Security Act (CPSA)

Legal Parentage Under the Child‑Parent Security Act (CPSA)

The landscape of family formation has changed significantly with the advancement of reproductive technologies. For individuals and couples turning to assisted reproduction methods such as in vitro fertilization (IVF), egg or sperm donation, or gestational surrogacy the need for legal clarity around parentage is essential. In New York State, the Child-Parent Security Act (CPSA) provides a comprehensive framework that secures parental rights from the outset for intended parents who use assisted reproduction.

At Miller Law Group, we focus on providing clear, compassionate, and strategic guidance to individuals navigating reproductive-technology-law. In this blog, we break down what the CPSA is, how it impacts legal parentage, and what steps you need to take to protect your family.

What is the Child-Parent Security Act?

The Child-Parent Security Act, which took effect in New York on February 15, 2021, was created to resolve the legal uncertainty faced by intended parents who use assisted reproductive technology (ART) to have children. The CPSA modernized New York law by legalizing gestational surrogacy and streamlining how courts establish legal parentage for non-biological or non-gestational parents.

Before the CPSA, intended parents had to go through lengthy and sometimes risky adoption proceedings to become the legal parents of a child conceived through ART. Now, with the CPSA in place, parentage is established through court orders before the child is even born removing ambiguity and offering legal peace of mind.

Why Parentage Matters in Assisted Reproduction

In reproductive-technology-law, legal parentage determines who has rights and responsibilities over a child, including custody, decision-making, and inheritance. Without clear legal recognition, a non-biological or non-gestational parent may be left without any parental rights even if they were fully involved in the child’s conception and upbringing.

Under the CPSA, intended parents regardless of their biological relationship to the child can now secure their legal status prior to birth, which:

• Grants their names on the original birth certificate; 
• Establishes full parental rights from day one; 
• Protects the surrogate from unintended legal obligations; 
• Avoids the complications of second-parent adoptions. 

This is a major advancement in reproductive-technology-law, ensuring fairness and clarity for all parties involved.

Key Definitions in the CPSA

Understanding the terminology within the CPSA helps demystify the process:

• Intended Parent: An individual who intends to be the legal parent of a child born through assisted reproduction. 
• Gestational Surrogate: A person who agrees to carry and give birth to a child for the intended parent(s) but has no genetic connection to the child. 
• Assisted Reproductive Technology (ART): Medical procedures involving the handling of eggs, sperm, or embryos, including IVF, egg or sperm donation, and embryo transfer. 

The CPSA focuses on intent, not biology. This is a critical concept in reproductive-technology-law because it ensures legal rights are grounded in planning and consent, not just genetics.

How Legal Parentage is Established Under the CPSA

Here’s how the process typically works:

1. Gestational Surrogacy Agreement

The intended parent(s) and the gestational surrogate enter into a written contract that complies with the CPSA. This agreement must be signed before any medical procedures begin and include:

• Consent of all parties 
• Compensation terms 
• Medical, psychological, and legal evaluations 
• Health insurance arrangements for the surrogate 

Importantly, each party must be represented by separate legal counsel.

2. Pre-Birth Parentage Order

Once the surrogacy agreement is signed and pregnancy is confirmed, the intended parent(s) can petition the court for a judgment of parentage. This pre-birth order establishes the intended parent(s) as the child’s legal parents from birth.

This order ensures:

• The child’s birth certificate includes the intended parent(s) 
• The surrogate is not listed as a parent 
• The intended parent(s) have immediate custody of the child 

This legal process reflects the CPSA’s intent: to affirm families formed through ART with legal recognition from day one.

Protections for Surrogates

The CPSA also includes strong protections for surrogates, ensuring they:

• Retain bodily autonomy during pregnancy 
• Are not financially responsible for the child 
• Have access to health insurance and counseling 
• Receive appropriate compensation and legal protection

This balance is what makes the CPSA a leading statute in reproductive-technology-law. It ensures all parties are respected and safeguarded throughout the surrogacy journey.

LGBTQ+ Inclusivity Under CPSA

One of the most important features of the CPSA is its inclusivity. LGBTQ+ families, who often rely on assisted reproduction, benefit from the law’s focus on intentional parenthood. Same-sex couples, single parents by choice, and non-biological parents now have equal access to legal recognition without undergoing adoption.

This progressive approach helps align reproductive-technology-law with modern family structures and ensures all parents can provide their children with the protection of legal parentage.

The Role of a Reproductive Technology Lawyer

While the CPSA simplifies the process, it’s still essential to work with a knowledgeable attorney. At Miller Law Group, our attorneys:

• Draft and review compliant surrogacy agreements 
• Coordinate legal and medical documentation 
• Petition the court for pre-birth parentage orders 
• Advocate for intended parents, surrogates, and donors 

We ensure that your rights are secure and your journey to parenthood is legally sound.

Conclusion

The Child-Parent Security Act is a landmark in reproductive-technology-law, offering clarity, security, and dignity to all parties involved in assisted reproduction. Whether you are an intended parent, surrogate, or donor, understanding your rights under this law is critical to protecting your family.

At Miller Law Group, we are committed to guiding you through every legal aspect of your family-building journey. If you are considering assisted reproduction, contact us today to speak with an experienced reproductive technology attorney.

FAQs

1. What is the CPSA and why is it important?
   The Child-Parent Security Act is a New York law that legally recognizes intended parents in assisted reproduction. It simplifies the parentage process and provides protections for all involved.
2. Do I need a lawyer to establish parentage under the CPSA?
   Yes. The CPSA requires that all parties—intended parents and surrogates—have separate legal representation to ensure their rights are protected.
3. Can same-sex couples use the CPSA to secure parentage?
   Absolutely. The CPSA is inclusive and allows LGBTQ+ individuals and couples to establish legal parentage through intent, regardless of biology.
4. Does the surrogate have any parental rights?
   No. Under the CPSA, a gestational surrogate does not have parental rights or obligations. Legal parentage is assigned to the intended parents via court order.
5. What happens if I use a sperm or egg donor?
   Donors are not considered legal parents under the CPSA, as long as there is written agreement that confirms their intent to donate without claiming parental rights.