New York

Surrogacy Law in New York

New York Surrogacy Law: Types of Surrogacy

In New York, gestational surrogacy cannot be legally carried out if the surrogate wishes to be compensated. New York Code Section 8-122 states, “Surrogate parenting contracts are hereby declared contrary to the public policy of this state, and are void and unenforceable.” Fines of up to $10,000 can result if contracts are entered into and subsequently discovered. Compassionate surrogacy is permitted, but the agreements must be carefully composed.

Traditional (genetic) surrogacy is also illegal under this state code and would only be permitted in cases of compassionate surrogacy – where the surrogate went uncompensated for her services.

Are There Surrogate Requirements in New York?

No specific legal requirements exist to serve as a gestational surrogate in the state of New York

Does New York Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in New York have been known to grant pre-birth orders, although given the ambiguous nature of state law it should not be considered a given.

The conditions under which intended parents participating in compassionate surrogacy could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Same sex couples, using an egg or sperm donor

Same sex female parents can be declared legal parents. Male parents must adopt the child.

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents participating in compassionate surrogacy could be declared legal parents with a pre-birth order are listed below:

Yes

n/a

No

Whose names go on the birth certificate in New York?

Parents will be listed on the birth certificate as “parent and parent.”

An international same-sex male couple can obtain a birth certificate listing the biological father and gestational surrogate as parents, if they sign an affidavit of paternity. If the gestational surrogate is married, additional hearings and paperwork may be required. Should parents wish to list both fathers on the birth certificate, the gestational surrogate must relinquish her rights and the non-biological father must obtain a second parent adoption. The process cannot be expedited on the basis of the child being born in state, so intended parents should count on a second-parent adoption being necessary.

Surrogacy Conditions for Same-Sex Couples in New York

Are There Options for Unmarried Intended Parents in the state of New York?

Egg Donation Law

New York Code Section 5-73 states that sperm donors have no legal rights to children produced from their donation. The law says nothing about egg donors.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in New York*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.