Answers to Common Questions on Surrogacy Law
For many individuals and couples, surrogacy offers a hopeful path to parenthood when traditional methods are not an option. Whether due to infertility, same-sex partnership, or other medical reasons, surrogacy makes it possible to grow a family with the help of a gestational carrier. In the past, New York had some of the most restrictive surrogacy laws in the country, but the legal landscape has evolved significantly.
In 2021, New York enacted the Child-Parent Security Act (CPSA), which legalized compensated gestational surrogacy and introduced strong legal protections for intended parents and surrogates. With this change, New York became one of the most progressive and parent-friendly states in the nation when it comes to surrogacy.
This guide explains what intended parents and gestational carriers need to know about New York surrogacy law. We cover who can participate, what makes a surrogacy agreement legally enforceable, how parentage is established, and why working with a surrogacy lawyer in New York is essential.
What is Gestational Surrogacy?
Gestational surrogacy is an arrangement in which a woman, known as the gestational carrier, agrees to carry a pregnancy for someone else. The embryo is created using in vitro fertilization (IVF), and the carrier has no genetic relationship to the child. The egg and sperm may come from the intended parents or from donors.
This is different from traditional surrogacy, where the surrogate uses her own egg and is biologically related to the child. Traditional surrogacy is not covered under the CPSA and remains legally complex in New York.
The Child-Parent Security Act: A Legal Milestone
For many years, New York banned compensated surrogacy, making it difficult for many people to access this path to parenthood. That changed in February 2021, when the Child-Parent Security Act went into effect.
This law permits compensated gestational surrogacy and outlines specific legal standards to ensure that all parties are treated fairly and with dignity. The CPSA allows intended parents to establish their legal parental rights through a pre-birth parentage order, ensures that surrogates are fully informed and protected, and regulates how surrogacy agreements must be structured.
Thanks to these reforms, New York is now one of the most legally supportive states for intended parents and surrogates.
Who Can Be a Gestational Surrogate in New York?
To become a gestational surrogate in New York, a woman must meet strict legal and medical criteria. She must be at least 21 years old and must have previously given birth to at least one child. Before entering into a surrogacy agreement, she must undergo a complete medical and mental health evaluation to ensure she is physically and emotionally prepared for the role.
The surrogate must also be a U.S. citizen or lawful permanent resident and must have her own independent legal representation. Importantly, the surrogacy agreement must be signed before any medical procedures begin.
These requirements are designed to protect the health, safety, and autonomy of the surrogate, while also ensuring a stable arrangement for intended parents.
Who Can Be Intended Parents?
The CPSA allows any individual or couple to pursue gestational surrogacy, regardless of marital status, gender identity, or sexual orientation. Intended parents can be married or unmarried, LGBTQ+ or heterosexual, and may reside in New York or in other states. However, out-of-state intended parents may be subject to different parentage procedures depending on their home jurisdiction.
All intended parents must meet certain legal and medical criteria. This includes undergoing psychological evaluations, working with legal counsel, and often complying with specific screening processes required by fertility clinics or surrogacy agencies.
Legal Requirements of a Valid Surrogacy Agreement in New York
New York law requires that surrogacy agreements meet several legal standards in order to be enforceable. The agreement must be in writing and must be signed before the embryo transfer takes place. It must clearly describe the surrogate’s compensation and how expenses will be handled.
The contract must also affirm that the surrogate has full authority to make her own medical decisions throughout the pregnancy. It must confirm that she has had the benefit of independent legal counsel and that the intended parents agree to assume full legal responsibility for the child once born. The document must be signed by all parties and notarized to satisfy New York’s legal requirements.
A surrogacy lawyer is crucial to drafting or reviewing this agreement to ensure that it meets every legal requirement and protects all involved parties.
Compensation for Surrogates
Gestational surrogates in New York can be lawfully compensated for their time, risk, and the demands of the pregnancy. Although there is no fixed amount set by law, compensation often includes a base fee for the pregnancy itself, reimbursement for medical expenses, and coverage for lost wages if time away from work is required.
Surrogates may also receive payment for insurance premiums, legal representation, travel costs, and psychological counseling. The CPSA prohibits coercion, ensuring that all agreements are entered into freely and with full understanding.
This compensation structure reflects the physical and emotional demands that surrogacy entails and ensures that surrogates are treated with the respect they deserve.
Parentage Orders: Establishing Legal Parenthood
One of the most important features of the CPSA is its clear process for establishing legal parentage. Intended parents in New York can obtain a pre-birth parentage order that names them as the child’s legal parents before the child is born. This provides legal certainty and eliminates the need for adoption proceedings.
The parentage order ensures that the names of the intended parents appear on the child’s birth certificate. It also removes any legal responsibility from the surrogate once the child is born. This court order gives both parties confidence in their roles and responsibilities from the beginning.
The process typically involves filing a petition with the appropriate court, along with supporting documents such as the surrogacy agreement and confirmation of the embryo transfer. An experienced surrogacy lawyer will guide intended parents through this process to avoid delays or legal complications.
Qhat is The Surrogate’s Bill of Rights
The CPSA includes a Surrogate’s Bill of Rights, which guarantees important protections for gestational carriers. Surrogates have the right to make all health and medical decisions during the pregnancy, including decisions about prenatal care and whether to continue or terminate the pregnancy.
They are entitled to comprehensive health insurance that covers the pregnancy and delivery. Surrogates must have access to legal representation and psychological counseling, and these services must be paid for by the intended parents.
These legal rights are non-negotiable and are intended to uphold the dignity and autonomy of surrogates throughout the process.
What Does a Surrogacy Lawyer Do?
Surrogacy is both a deeply personal journey and a complex legal process. Working with a surrogacy lawyer in New York ensures that your rights are protected and that your agreement complies with state law.
For intended parents, an attorney can draft or review the surrogacy contract, file the parentage order, and coordinate with medical and agency professionals. For surrogates, an independent attorney provides crucial legal advice and advocacy to ensure their rights and interests are fully protected.
Whether you are new to surrogacy or have experience, legal guidance is essential for a smooth and legally secure process.
Clear Legal Path to Parenthood
New York’s surrogacy laws now offer a clear, compassionate, and protective legal path for intended parents and gestational carriers. With the passage of the Child-Parent Security Act, the process is safer, more equitable, and more accessible than ever before.
Whether you are exploring surrogacy for the first time or you are a surrogate considering this extraordinary act of generosity, partnering with a knowledgeable surrogacy lawyer ensures your rights are upheld and your journey is supported.
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If you have more questions, or are considering surrogacy in New York, begin the process with confidence by speaking to an experienced surrogacy lawyer. Contact us today to schedule a confidential consultation and learn how we can support you every step of the way.