Surrogacy, IVF, and Donor Agreements for Same‑Sex Couples in New York by Juan Luciano

Описание: Surrogacy, IVF, and Donor Agreements for Same‑Sex Couples in New York by Juan Luciano

In this video, New York divorce attorney Juan Luciano from Juan Luciano Divorce Lawyer explains how modern family law in New York City protects LGBTQ+ couples and their families, both during family formation and in times of family dissolution. Drawing on his experience as an NYC LGBTQ divorce and family law attorney, he walks through the key laws, court decisions, and legal documents that shape parental rights for same-sex couples who turn to surrogacy, IVF, Reciprocal IVF, or donor agreements in New York.

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You will learn how the Child-Parent Security Act (CPSA) transformed intent-based parentage for LGBTQ+ families, and why this law matters if you are a non-biological parent in a same-sex relationship. We discuss how earlier cases like Alison D. v. Virginia M. left non-biological parents vulnerable, and how the New York Court of Appeals changed course in Brooke S.B. v. Elizabeth A.C.C. to recognize parental standing for LGBTQ+ parents. We also look at how the CPSA builds on that progress for families who use assisted reproduction and surrogacy.

The video explains the difference between gestational surrogacy and traditional surrogacy, the role of a Gestational Surrogacy Agreement (GSA), and the protections built into the Surrogate’s Bill of Rights. You will see how donor agreements, sperm bank contracts, and embryo donor agreements are used to clarify donative intent and prevent future disputes. We review the legal risks of using a known or directed donor without a formal donor agreement, and how cases such as Matter of Christopher YY v. Jessica ZZ highlight the importance of clear documentation.

For couples concerned about IVF and divorce, Juan Luciano covers New York’s “contractual approach” to the fate of frozen embryos, shaped by the landmark case Kass v. Kass. You will learn why embryo disposition agreements signed at a fertility clinic can determine what happens to frozen embryos if the relationship ends, and how an embryo disposition agreement may be enforced in a divorce or custody dispute.

The video also explains why a birth certificate alone may not be enough protection when a family crosses state lines. We compare different options for securing parentage, including the Acknowledgment of Parentage (AOP), a Judgment of Parentage (JoP), and a Second-Parent Adoption (SPA). You will hear how adoption decrees and cases like V.L. v. E.L., together with the Full Faith and Credit Clause of the U.S. Constitution, can provide powerful interstate protection for LGBTQ+ parents.

With a background that includes a Juris Doctor from the State University of New York at Buffalo School of Law, admission to the New York Supreme Court Appellate Division, Second Judicial Department, and service in family court and matrimonial matters, Juan Luciano brings informed guidance to New York and NYC families. If you are navigating surrogacy, IVF, donor agreements, or divorce in New York, and you want to protect your parental rights, contact Juan Luciano Divorce Lawyer at (212) 537-5859 to schedule a confidential consultation.

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