Kathleen “Casey” Copps DiPaola, Esq.

Kathleen Casey Copps DiPaola Adoption Surrogacy Lawyer Attorney Albany NY

Partner

Email: kdipaola@theCDSLawFirm.com

Primary Practice Areas: Adoption, Surrogacy, Assisted Reproduction Technology, Estate Planning & Probate, Guardianship

Casey was previously an associate attorney at Whiteman Osterman & Hanna LLP, Albany’s largest law firm. Casey then joined her mother, Anne Reynolds Copps, in practice as an associate with the firm in 2012 and became Anne’s partner in 2014, creating Copps DiPaola, PLLC, the first mother-daughter law firm in the Capital Region. In 2018, Lorraine Silverman joined the firm as a partner and the firm name changed to its current name.

Casey focuses her practice in all areas of family formation, including adoption lawassisted reproduction technology law and surrogacy law. Many of her clients come to her when they are first exploring options for growing their family and she is able to talk them through the various types of adoptions, assisted reproduction and surrogacy and explore which might be the best fit given their situation.

She has experience representing birth parents and adoptive parents in private adoptions, voluntary agency adoptions, foster care adoptions, step/second parent adoptions and kinship guardianship proceedings. Casey also has experience representing adoption agencies and handling adoption subsidy fair hearings.

Casey also has over a decade of experience representing donors and intended parents in egg donationsperm donation and embryo donation cases and can also assist her clients with parentage proceedings that confirm their parental rights when they use assisted reproduction to create their child. Casey also has extensive experience representing surrogates and intended parents in agency surrogacy matches and independent surrogacy matches. Her services includes drafting surrogacy agreements and filing the parentage proceeding during the surrogate pregnancy.

Casey is currently the President of New York Attorneys for Adoption & Family Formation and a Fellow of the Academy of Adoption & Assisted Reproduction Attorneys. She has taken an active role in advocating for legislation that will improve the lives of her clients in the realms of adoption and assisted reproduction. Specifically, she was a tireless advocate for the Child Parent Security Act, which was passed in April 2020 and now permits compensated surrogacy in New York, allows for a parentage proceeding in lieu of a step-parent adoption for same-sex female couples and provides various other protections for families created through assisted reproduction.

Casey is also the founder of New York Surrogacy Center, the first surrogacy matching program to be licensed by the New York State Department of Health.

Casey has been a frequent lecturer in the areas of adoption, assisted reproduction and surrogacy to judges, attorneys and fertility clinics. She also often speaks on the intersection of these areas and estate planning.

Casey also practices in the areas of estate planning/trusts and probate/estate administration. Estate planning is important for those who are starting a family and particularly for those using assisted reproduction, so Casey’s expertise in both family building and estate planning allows her clients to have comprehensive representation in these matters without involving multiple attorneys.

Casey understands that many of her clients come to her during difficult and stressful times in their lives. She strives to educate her clients on the law and their options so they can make educated decisions about the trajectory of their cases. Casey understands that, while the matter that brings her clients to her are incredibly important to them, the vast majority of her clients have limited funds to spend on legal representation. With that in mind, Casey openly discusses with her clients the relative costs of various options and helps them to engage in a cost-benefit analysis.

Casey prides herself on being a creative problem solver and refuses to take a one size fits all approach to her cases. She spends time with her clients getting to know the facts of their cases intimately so she can help them brainstorm possible solutions to the problem that brought them to her. Particularly in matters involving families, Casey believes that working together to come up with a solution that addresses the needs and concerns of all involved to the best extent possible is almost always preferable to litigation, which can do irreparable damage to relationships. That being said, Casey has extensive litigation experience and, in the event that settlement is not an option, she is willing and able to zealously litigate on behalf of her clients.

Casey regularly practices in the Capital District and surrounding counties, including Albany, Rensselaer, Schenectady, Saratoga, Columbia, and Schoharie. Casey also routinely travels as far north as Plattsburgh, as far south as Kingston, and as far west as Syracuse to represent birth and adoptive parents in adoptions. Casey also practices throughout New York State for assisted reproduction matters (egg/sperm/embryo donation agreementssurrogacy agreements and parentage proceedings) because these do not typically require court appearances. Casey is also admitted in Vermont and New Jersey where she practices exclusively in surrogacy, and assisted reproductive technology law.

Casey lives in Clifton Park with her husband, Jeffrey, a high school special education teacher, and their children, Evan and Emily.

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State of New York

State of Vermont

State of New Jersey

United States Supreme Court

U.S. Court of Appeals, Second Circuit

U.S. District Court, Northern District of N.Y.

U.S. District Court, Western District of N.Y.

Albany Law School

Salutatorian

Summa Cum Laude

Albany Law Review, Senior Editor

Justinian Society

Pro Bono Society, Secretary

Constitutional Law Research Assistant

Judicial Internships, Supreme Court & Appellate Division

Family Violence Litigation Clinic

Warren County District Attorney’s Office, Intern

Rochester Institute of Technology

Highest Honors

Honors Program

Successfully completed 3 parent adoptions.

Successfully litigated birth parent consent revocation hearings.

Successfully litigated birth parent abandonment hearings in private and agency adoptions.

Successfully converted a KinGAP guardianship into an adoption, maintaining the subsidy for the adoptive parents.

Successfully litigated a post-adoption attack of a step-parent adoption for a same sex couple made by a known sperm donor on the grounds of fraud.

Successfully litigated fair hearings for foster parents, parents and child care workers who had indicated CPS reports.

Represented a private adoption agency in an OCFS investigation.

Represented a private adoption agency in an adoption subsidy fair hearing.

Successfully revised vital records of deceased individuals to facilitate dual citizenship applications.

Assisted multiple not-for-profits with compliance with the Not-For-Profit Revitalization Act.

Assisted multiple religious and not-for-profit corporations with Court and/or Attorney General approval of sales, dispositions of substantially all of the entity’s assets, mergers, and dissolutions.

Successfully probated a photocopy of a Will with handwriting on it and an improperly executed codicil attached to it.

Casey Copps DiPaola, “The Renaissance of ‘Traditional’ or ‘Genetic’ Surrogacy: Is it Really Adoption?”, ABA Conference Materials (2021).

Casey Copps DiPaola and Joseph R. Williams, “The Passage of the CPSA Means That Same-Sex Parents No Longer Need to Adopt Their Own Children to Secure Parentage!”, 2020.

Casey Copps DiPaola, Copps DiPaola Silverman Recently Completed its Second Three-Parent Adoption!, 2019.

Casey Copps DiPaola, Copps DiPaola Silverman Helps to Make the Adoption Process After IVF Easier for Same-Sex Couples, 2019.

Casey Copps DiPaola, Important KinGAP Victory for Copps DiPaola Silverman, 2019.

Casey Copps DiPaola, What is ART Law Anyways? (Hint: it has nothing to do with artwork). The Capital District Women’s Bar Association (CDWBA). Winter 2017 Newsletter.

Casey Copps DiPaola, Brooke S.B. (Non-Parent Standing in Custody/Visitation): How We got There and What’s Happened Since. The Capital District Women’s Bar Association (CDWBA). Summer 2017 Newsletter.

Casey Copps DiPaola, New Categories of Individuals Eligible to Adopt (a possible solution for victims of domestic violence). The Capital District Women’s Bar Association (CDWBA). Fall 2016 Election Newsletter.

Casey Copps DiPaola, Basics of Name Changes and Recent Developments for Transgender Individuals. The Capital District Women’s Bar Association (CDWBA). Summer 2016 Newsletter.

Casey Copps DiPaola, Well Intentioned Same-Sex Adoption Case Causes Unintended Consequences for Same Sex Couples. The Capital District Women’s Bar Association (CDWBA). Summer 2014 Newsletter.

Kathleen A. Copps, Nicholson v. Scopetta: The Good, The Bad & The Future: An Analysis of the Effects & Suggestions for Further Improvements. 72 Alb. L. Rev. 497. 2009.

Kathleen A. Copps, Children Who Witness Domestic Violence. The Journal of Social and Legal Research at RIT. 2006.

Adoption for AFCs Update, Attorneys for Children Panel (2023)

Parentage in ART & Surrogacy Cases, Surrogate’s Court Law Association and Surrogate’s Court Clerks Association (2022)

Legal Considerations: hear from legal experts on egg donation and surrogacy, Men Having Babies NYC Conference (2022)

One Year After the CPSA: Where we are now & Upcoming changes, presented to various fertility clinics (2022)

Family Formation: 30 Years to Now, New York State Judicial Institute (2022)

“I Want to Put A Baby In You” Podcast – Episode on Posthumous Retrieval of Gametes (2021)

Deep Dive: Postmortem Retrieval of Gametes for Academy of Adoption & Assisted Reproduction Attorneys (2021)

The Child Parent Security Act: Assisted Reproduction, Surrogacy and Parentage in New York for Appellate Division, 3rd Department (2021)

The Renaissance of “Traditional” or “Genetic” Surrogacy for the American Bar Association (2021)

Estate Planning with Assisted Reproduction for PLI’s 52nd Annual Estate Planning Institute (2021)

Estate Planning for Surrogacy and Assisted Reproduction for Thursday T&E Think Tank (2021)

The Child Parent Security Act: Parentage After Assisted Reproduction & Compensated Surrogacy, Law Line (2021)

Child Parent Security Act (surrogacy/assisted reproduction) Presentations to fertility clinics (CNY Fertility, Strong Fertility, Generation Next Fertility, CCRM-NY, Your Family Fertility, Genesis Fertility & Reproductive Medicine, Stony Brook Medicine – Island Fertility) (2020-2021)

Men Having Babies (MHB) and New York Attorneys for Adoption & Family Formation (NYAAFF) Host: New York Reform Webinar for Surrogacy Professionals (2021)

Surrogacy Under the Child Parent Security Act, American Bar Association (2020)

Parentage Proceedings Under the Child Parent Security Act (CPSA), NYS Bar Association (2020)

Surrogacy Under the Child Parent Security Act, Richard C. Failla LGBTQ Commission’s virtual conference on LGBTQ family law (2020)

Parentage Through Adoption & Assisted Reproduction, Albany Law School (2020)

Roadblocks in Adoption & Surrogacy, WCNY TV (2020)

The Child Parent Security Act: Parentage After Assisted Reproduction & Compensated Surrogacy, Law Line (2020)

The Child Parent Security Act: Parentage After Assisted Reproduction & Compensated Surrogacy, The Richard C. Failia LGBTQ Commission of the NY Courts (2020)

The Child Parent Security Act: Parentage After Assisted Reproduction & Compensated Surrogacy, NYS Bar Association (2020)

Adoption Basics & Proceedings, NYS Judicial Institute (2020)

Adoption Basics for NYS Association of Chief Clerks of the Surrogate’s Courts (2019)

Albany Jewish Community Center Current Topics Discussion: Assisted Reproduction Technology and Adoption (2018)

Albany Law School Senior Citizen’s Law Day: Estate Planning Basics (2018)

Adoption for AFCs (Attorneys for Children) (2018)

Estate Planning Basics at Morgan Stanley’s Women, Wealth & Wellness (2018)

LGBT Law Series at Albany Law School: Legal Issues Facing LGBT Older Adults (2017)

Albany Law School Guardianship Class Guest Speaker (2017)

The Legal Project’s Legally Speaking Series on Estate Planning (2013-present)

Various EAP Programs on Estate Planning (2013-present)

Resident Education on Estate Planning at ROUSE (2013)

Advocacy Award (for work on the CPSA), YWCA of NENY, 2022

Rising Star Award (Family Law), Super Lawyers Magazine, 2014-2023.

New York State Bar Association, Empire Counsel, 2011, 2017, and 2019.

Outstanding New Lawyer Award, Capital District Women’s Bar Association, 2013

Clobridge Memorial Award for Pro Bono Service, The Legal Project, 2012.

Academy of Adoption & Assisted Reproduction Attorneys, Fellow, Legislation Committee Member, Member of Children’s Rights Committee, Adoption CLE Committee Chair

New York Attorneys for Adoption and Family Formation, President, http://www.nyaaff.com/

American Bar Association, Family Law Section, Assisted Reproduction Technologies Committee, Member

American Society of Reproductive Medicine, Member

RESOLVE, Volunteer

Society for Ethics for Egg Donation and Surrogacy (SEEDS), Member

Appellate Division, Third Department, Committee on Character & Fitness, Former Member

Capital District Women’s Bar Association, Member, Former First Vice President, Second Vice President, Treasurer, Legislative Committee Chair, Membership Committee Chair, Newsletter Contributor, Program Committee Chair

Adirondack Women’s Bar Association, Member

Women’s Bar Association of the State of New York, Member, Health Law & Reproductive Rights Committee

New York State Bar Association, Member

Attorney Professionalism Committee, Member

Family Law Section, Member

Surrogacy Committee, Member

Vermont Bar Association, Member

Albany County Bar Association, Member

Rensselaer County Bar Association Artwork Restoration Committee, Member

The Legal Project, Former Director

The Legal Project

Copps DiPaola Silverman Legal Clinic

Pro Se Divorce Clinic Attorney & Trainer (Law Students/Paralegals)

Mechanicville Community Center Legal Clinic

Estate Planning Clinic Attorney

Pro Bono & Reduced Fee Panel Attorney

The Legal Aid Society of Northeastern New York, Attorney for a Day (Evictions)

Girls Scouts of Northeastern New York, Volunteer

The Junior League of Albany, Former Member