Why's it gotta be so complicated: New York's regulation of compensated traditional surrogacy agreements creates a constitutional violation.

New York's Child–Parent Security Act (CPSA) legalized compensated gestational surrogacy and created a simpler way for parents to establish their parental rights when utilizing assisted reproductive technology (ART). While this was a substantial step forward from past antiquated law, the CPSA continues to heavily regulate compensated genetic, otherwise known as traditional, surrogacy making it challenging to use. The CPSA infringes upon the right to procreate by limiting the ART methods available to those wanting to start a family. This Note proposes an amendment to the current CPSA, including the legalization of compensated traditional surrogacy in New York. Key points for the family law community: Traditional surrogacy agreements are declared contrary to the public policy of New York State and are void and unenforceable.Parties to a compensated genetic surrogacy agreement are subject to a civil penalty of up to $500.It is estimated that from 1999 to 2013, around 18,400 babies were born through surrogacy worldwide.The New York law on surrogacy explicitly does not apply to a woman who uses her own egg to conceive.There is currently no federal regulation of compensated surrogacy, and laws vary from state to state on legal surrogacy types. [ABSTRACT FROM AUTHOR]