SURROGATE
SURROGATE TO CARRY THEIR CHILD. WHAT YOU MAY NOT
REALIZE IS THAT NEW
YORK IS ONE OF THE
FEW STATES THAT
OUTRIGHT BANS PAID
SURROGACY.
THE LAW COULD SOON
CHANGE THOUGH.
BUT SOME GROUPS ARE
FIGHTING HARD TO
KEEP THAT FROM
HAPPENING.
EMILY LAMPA HAS BOTH
SIDES OF THIS
DEBATE...
AND THE STORY OF A
COUPLE CAUGHT IN THE
MIDDLE -- IN THIS 2 ON
YOUR SIDE ORIGINAL.
"WE'RE
"WE'RE JUST REALLY EXCITED TO BE PARENTS."
MARK ZIEMBA & NICK
NENNO
NENNO ARE
NENNO ARE NEARLY TWO YEARS MARRIED... AND THE PAST SEVERAL
YEARS HAVE BEEN
SPENT TRYING TO
GROW THEIR FAMILY.
"WE KNEW PRETTY
EARLY ON. YEAH, THAT
WAS A BIG PART OF OUR
RELATIONSHIP AND
WHAT WE WERE BOTH
LOOKING FOR."
"I WANTED TO PASS ON A
LEGACY."
THEY SPENT THE PAST
FEW YEARS WORKING
THROUGH THE
OPTIONS.
FOSTERING DIDN'T FIT
THEIR LONGTERM
GOALS -- AND WHEN IT
CAME TO ADOPTION...
THEY HAD
CONCERNS...BEING A
SAME-SEX COUPLE.
"IT KIND OF PUT US
UNDER A MICROSCOPE
THAT, YOU KNOW, WE
JUST DIDN'T FEEL AS
THOUGH WE NEEDED TO
BE UNDER.
THAT LED THEM TO
SURROGACY.
BUT AFTER ATTENDING
CONFERENCES --
PORING OVER THE
LATEST RESEARCH.
A SHOCKING
REALIZATION...
NEW YORK IS ONE OF
THREE STATES WHERE
PAID SURROGACY IS
PROHIBITED.
"HERE IN NEW YORK,
WHAT IS LEGAL? AND
WHAT IS NOT LEGAL
WHEN IT COMES TO
SURROGACY?"
"IT'S EASIER TO ANSWER
THE QUESTION BY
SAYING WHAT IS NOT
LEGAL. IT IS NOT LEGAL
TO COMPENSATE A
WOMAN FOR CARRYING
A CHILD FOR
YOU...WHETHER IT'S
THROUGH ADOPTION,
WHETHER IT'S THROUGH
SURROGACY,
GESTATIONAL
SURROGACY, GESTATIONAL CARRYING."
GESTATIONAL CARRYING." GESTATIONAL CARRIER.
THIS IS WHAT A
SURROGATE IS CALLED
-- IF THE BABY IS NOT
BIOLOGICALLY RELATED
TO HER.
MEANING THE
FERTILIZED EGG --
IMPLANTED IN HER
UTERUS -- IS FROM AN
"INTENDED PARENT" --
THE WOMAN WHO WILL
ULTIMATELY RAISE THE
CHILD -- OR FROM AN
OUTSIDE DONOR.
THIS DIFFERS FROM
TRADITIONAL
SURROGACY -- WHERE
THE WOMAN CARRYING
THE FETUS -- USES HER
OWN EGG.
NEARLY ALL
SURROGACIES IN
AMERICA HAVE BEEN
"GESTATIONAL" -- SINCE
THE 1980'S -- AFTER A
CONTROVERSIAL
COURT CASE ERUPTED
OVER A TRADITIONAL
SURROGATE WHO
WANTED TO KEEP THE
CHILD.
PAID GESTATIONAL
SURROGACY IS LEGAL
IN 10 STATES -- AND THE
DISTRICT OF COLUMBIA.
MOST OTHER STATES
EITHER ALLOW
SURROGACY UNDER
SPECIFIC
CIRCUMSTANCES -- OR
BY DEFAULT, BECAUSE
THEY HAVE NO
SURROGACY LAWS AT
ALL...
IN NEW YORK -- YOU
CAN STILL ENTER INTO
A COMPASSIONATE
SURROGACY
AGREEMENT.
SURROGACY AGREEMENT. ROCHESTER ATTORNEY
GREG FRANKLIN
REPRESENTS A
NUMBER OF COUPLES
WHO HAVE DONE THIS...
"A CLOSE FAMILY
MEMBER...A
FRIEND...CO-WORKER
MEMBER...A FRIEND...CO-WORKER I'VE HAD...WILL SAY, 'I
WILL BE HAPPY TO
CARRY THE CHILD FOR
YOU.'"
BUT THERE ARE RISKS...
AGREEMENTS OF THIS
KIND AREN'T
ENFORCEABLE IN NEW
YORK.
A COMPASSIONATE
SURROGATE CAN
DECIDE TO KEEP THE
CHILD -- EVEN IF SHE
HAS NO BIOLOGICAL
TIES TO THE BABY.
"YOU GIVE BIRTH TO A
CHILD IN NEW YORK,
YOU ARE THE MOTHER."
"EMOTIONALLY, I CAN'T
EVEN IMAGINE GOING
THROUGH THIS
PROCESS AND THEN
BEING TOLD AT THE END
OF IT THAT I
WANNA...YOU KNOW, 'I
CHANGE MY MIND.' AND
NOW WE'RE FIGHTING
FOR CUSTODY IN
COURT."
FOR THIS REASON NICK
AND MARK ARE
LOOKING OUT OF STATE
-- SPECIFICALLY
CANADA.
BECAUSE IT'S CLOSER
THAN ANY OTHER
STATES -- AND LAWS
THERE WOULD NAME
THEM PARENTS --
BEFORE BIRTH.
"WE WANT TO RAISE A
FAMILY IN BUFFALO. THIS
IS WHERE OUR FAMILIES
ARE FROM. SO, IT JUST
STINGS TO BE IN A STATE
THAT DOESN'T WANT
TO...HAS NOT
ADDRESSED THIS YET."
THERE ARE SOME
MOVES BEING MADE IN
ALBANY NOW.
THE CHILD-PARENT
SECURITY ACT.
FOR THE FIRST TIME IN
12 YEARS -- A BILL TO
DEFINE PARENTAL
RIGHTS AND REPEAL
THE BAN ON PAID
SURROGACY -- HAS
SOME TRACTION.
GOVERNOR ANDREW
CUOMO THREW HIS
SUPPORT BEHIND THE
BILL EARLIER THIS
YEAR.
BUT OPPOSITION IS
STRONG -- FROM A MIX
OF HEALTH ADVOCATES,
FEMINISTS, AND ROMAN
CATHOLICS.
"IT'S BABY
SELLING...PURE AND
SIMPLE."
KATHLEEN GALLAGHER
-- IS THE DIRECTOR OF
PRO-LIFE ACTIVITIES
FOR THE NEW YORK
STATE CATHOLIC
CONFERENCE.
"THIS IS A FORM OF
HUMAN TRAFFICKING. IT
IS EXPLOITING WOMEN
AS BREEDERS AND
INCUBATORS FOR
OTHER PEOPLE'S
CHILDREN AND OTHER
PEOPLE'S BENEFIT AND
FOR THE BENEFIT OF
THE BIG FERTILITY
BUSINESS. IT'S NOT
REPRODUCTIVE
JUSTICE."
REPRODUCTIVE JUSTICE." ATTORNEY FEES AND
AGENCY COSTS ALONE
-- CAN BE SUBSTANTIAL.
"HOW MUCH OF YOUR
HARD EARNED MONEY
HAVE YOU PUT INTO THIS
SO FAR?"
"75-THOUSAND, SO FAR.
AND WE'LL BE WELL
OVER 100 FOR THE
FIRST KID. PROBABLY 150
FOR THE SECOND."
MARK -- AN ARMY
VETERAN -- IS A
FINANCIAL PLANNER.
NICK -- A SPECIAL
EDUCATION TEACHER
AND SKI RACING
COACH.
"FOR US...IT'S NOT
ABOUT THE
FINANCIAL...CAUSE AT
THE END OF THE DAY, IF
YOU DON'T HAVE
CHILDREN...WHAT ARE
YOU GONNA...WHO DO
YOU LEAVE IT TO?
WHERE'S YOUR
LEGACY?"
WHAT DOES
COMPENSATION LOOK
LIKE FOR A PAID
SURROGATE?
WE'RE TOLD 35-
THOUSAND DOLLARS IS
A FAIR ESTIMATE.
BUT KATHLEEN
GALLAGHER BELIEVES
IT'S OFTEN MUCH LESS
-- AND CRITICIZES THE
CHILD-PARENT SAFETY
ACT FOR NOT
ADDRESSING THAT.
"YOU KNOW, IT DOESN'T
EVEN OFFER THE
SURROGATE MOTHER A
MINIMUM WAGE FOR THE
WORK THAT SHE'S
GOING TO DO IN
BEARING THAT CHILD
AND GIVING THAT CHILD
AWAY."
THERE ARE
PROTECTIONS FOR
SURROGATES
OUTLINED IN THE BILL...
NAMELY GIVING HER
EXCLUSIVE RIGHTS TO
MAKE HEALTH
DECISIONS FOR
HERSELF AND THE
FETUS -- AS WELL AS
THE RIGHT TO
TERMINATE THE
PREGNANCY OR
REDUCE THE NUMBER
OF FETUSES.
WHATEVER IS DECIDED
IN NEW YORK -- NICK
AND MARK'S FOCUS IS
UP NORTH -- HOPING
FOR SOMEONE WILLING
TO WORK WITH THEM.
"WE SO BADLY WANT
KIDS AND WE'VE
INVESTED SO MUCH AND
WE REALLY KNOW WE
CAN BE GOOD PARENTS,
BUT THERE'S NOT CLEAN
PATH FOR US TO GET
THERE. AND IT'S HARD."
THE
THE NEW
THE NEW YORK STATE LEGISLATURE HAS JUST ABOUT SEVEN WEEKS
UNTIL THE END OF
LEGISLATIVE SESSION.
AND THE VAST
MAJORITY OF WESTERN
NEW YORK LAWMAKERS
WE HEARD FROM --
WHILE SUPPORTIVE OF
THE PARENTAL RIGHTS
PORTION OF THE BILL --
MOST WERE AGAINST
THE IDEA OF
COMMERCIALIZING
SURROGACY.
COMMERCIALIZING SURROGACY. IF YOU WANT TO SEE
WHERE YOUR STATE
LAWMAKERS STAND ON
THIS -- WE HAVE THEIR
RESPONSES TO AN E-
MAIL SURVEY -- ON OUR
WEBSITE...WGRZ DOT
COM.
WE ALSO PUT THE
QUESTION TO YOU ON
SOCIAL MEDIA TODAY --
WHAT YOU THINK
ABOUT GETTING PAID
TO CARRY SOMEONE
ELSE'S CHILD?
OVERWHELMINGLY --
PEOPLE WERE IN
SUPPORT OF THE IDEA.
IF YOU'D LIKE TO JOIN
THE CONVERSATION --
LEAVE US A COMMENT
ON OUR FACEBOOK
PAGE.
EMILY LAMPA.
CHANNEL 2 NEWS.