Changes to Parental Rights in New York Provide Significant Rights for Individuals

New York was also one of two states that criminalized gestational surrogacy agreements. [...]recently, statutory and case law in New York defined parentage historically only through birthing or adoptions. The new CPSA statutory authority codifies recent case law that expands the definition of parent...

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Bibliographic Details
Published in:Probate and Property 2020-11, Vol.34 (6), p.53-53
Main Author: Nemzin, Robert M
Format: Article
Language:English
Subjects:
Agreements
Case law
Children & youth
Estate planning
Parental rights
Powers of attorney
State court decisions
Online Access:Get full text
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Summary:New York was also one of two states that criminalized gestational surrogacy agreements. [...]recently, statutory and case law in New York defined parentage historically only through birthing or adoptions. The new CPSA statutory authority codifies recent case law that expands the definition of parentage, including Brooke S.B. v. Elizabeth A.C.C., 61 N.E.3d 488 (N.Y 2016), in which the New York Court of Appeals held that a person caring for a child other than the biological parent has the standing to request custody of the child. [...]estate planning attorneys who do not practice in family law matters involving parental rights covered by the CPSA should recommend engaging an attorney familiar with this area when clients have advised they are considering conceiving a child through assisted reproduction. *
ISSN:0164-0372
2163-0135