Surrogacy is now a legal and life-changing opportunity in New York, thanks to the Child-Parent Security Act (CPSA). Whether you're hoping to become a parent or help someone grow their family, understanding New York's surrogacy laws is the first step.
With the right legal support and guidance from American Surrogacy, your journey can be safe, supported, and fulfilling.
Contact us online today to learn more about New York surrogacy laws and how we can help you begin your journey.
New York Surrogacy Laws
As of February 15, 2021, gestational surrogacy is legal in New York under the CPSA. This law provides protections for surrogates and simplifies the path for intended parents to establish legal parentage.
The CPSA also requires gestational surrogacy organizations to be licensed, which enhances accountability and transparency across the surrogacy legal process.
Enforceable surrogacy contracts Parental rights established before birth Equal access for LGBTQ+ families and individuals Protections for everyone involved in the surrogacy journey
Is Paid Surrogacy Legal in New York?
Yes, paid surrogacy is legal in New York. Surrogates are compensated not only for medical and legal expenses but also for the generous act of carrying a child for another family. All payments must be managed through an independent escrow agent to protect all parties.
At American Surrogacy, we work nationwide—matching New York intended parents with surrogates in legal, ethical, and fully supported arrangements.
Are Surrogacy Contracts Enforceable in New York?
Yes, surrogacy contracts are enforceable in New York, thanks to the CPSA. This law clearly outlines the requirements that must be met to ensure a surrogacy agreement is valid and enforceable.
Family Court Act Article 5-C, Part 4 lays out the framework for legally valid gestational surrogacy agreements. This includes who may enter into a surrogacy contract, what must be included, and how the legal parental relationship is established. It specifies that all parties must voluntarily enter into the agreement and that both intended parents and surrogates must have separate legal representation.
Family Court Act Article 5-C, Part 6, known as the Surrogates’ Bill of Rights, ensures that surrogates are protected and fully informed. It gives the surrogate the right to make her own healthcare decisions during the pregnancy, including whether to terminate the pregnancy, and guarantees her access to health insurance, legal counsel, and psychological counseling at no cost to her.
Surrogacy contracts that do not comply with these provisions may not be enforceable under state law. For example, if there is no written agreement or the surrogate is not properly compensated, the courts may be forced to determine parental rights without the guidance of a valid contract.
When you work with American Surrogacy, we ensure that every match follows the CPSA's legal standards. We work only with experienced professionals and attorneys to protect your rights and build a secure foundation for your journey.
Everything Your New York Surrogacy Contract Should Include — So Nothing Gets Missed
A valid New York surrogacy contract should include:
- Financial Terms
Compensation for the surrogate, reimbursements and handling of unexpected costs.
- Medical Procedures
Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery?
- Health and Lifestyle
Wellness expectations, travel restrictions and communication preferences.
- Legal Parentage
How and when the intended parents will be recognized as the child’s legal guardians.
- Dispute Resolution
Clear methods for resolving disagreements—without jeopardizing the journey.
- Termination Clauses
What happens if one party needs to end the agreement early?
- Financial Terms
Compensation for the surrogate, reimbursements and handling of unexpected costs.
- Medical Procedures
Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery?
- Health and Lifestyle
Wellness expectations, travel restrictions and communication preferences.
- Legal Parentage
How and when the intended parents will be recognized as the child’s legal guardians.
- Dispute Resolution
Clear methods for resolving disagreements—without jeopardizing the journey.
- Termination Clauses
What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract in New York?
You will need a surrogacy contract after matching with a surrogate but before beginning any medical procedures. This stage comes after:
A successful match is made Medical and psychological screenings are completed Intended parents and the surrogate agree on key terms
Only once these conditions are met does the legal process move forward. Each party must be represented by separate attorneys, and the contract must be fully executed prior to embryo transfer or any medical treatment. American Surrogacy helps you stay on track throughout this timeline.
Where Do I Sign My Surrogacy Contract?
Your surrogacy contract must be signed and notarized to be legally binding.
In New York, you have several convenient options for notarizing your contract. You can complete this process at local banks, UPS stores, county clerk offices, law offices, and FedEx locations.
Online notary services like Notarize are also available, making it easier than ever to finalize your surrogacy agreement no matter where you are located.
How Will American Surrogacy Support Me During the Contract Stage?
Before we present any surrogate to an intended parent, we ensure their state laws support a legal and ethical match. Our specialists also help coordinate with independent attorneys to negotiate and review the contract—so you always feel supported.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
LGBTQ+ Families Deserve Legal Clarity — Here’s How New York Makes That Possible
New York is one of the most inclusive states for LGBTQ+ families. Same-sex couples can be listed on the birth certificate as Parent and Parent, Father and Father, or Mother and Father.
Courts grant second-parent and stepparent adoptions, even to unmarried couples, if filed within 90 days of the child’s birth in the county of birth.
Abortion Laws in New York and Surrogacy Contract Termination Agreements
New York protects abortion access up to 24 weeks or fetal viability. All surrogacy contracts include a termination clause to address these situations.
If you're uncomfortable with a state's reproductive laws, we can match you with a surrogate in a more aligned state through our national network.
Surrogacy Laws for Establishing Parentage in New York
A pre-birth order can be issued before the child's birth but only becomes effective once the baby is born. Both intended parents can be declared legal parents if one has a genetic connection to the child.
Additional notes:
- Same-sex couples can pursue second-parent adoptions
- Courts issue amended birth certificates post-adoption
- Venue options include the residence of the IPs, surrogate, or location of the child’s birth
Wondering How to Get a Pre-Birth Order in New York? Here’s What to Know
To get a pre-birth order, file in:
- The county where the intended parents or surrogate live
- The county where the child is born
No hearing is required, but some judges may ask for a virtual appearance. Birth certificates can take 3–6 months depending on location (longer in NYC
International Surrogacy Laws in New York
New York restricts international surrogacy. At least one intended parent must be a U.S. citizen or lawful resident of New York for at least six months.
The Role of a Surrogacy Attorney in New York
An experienced surrogacy attorney ensures your contract complies with the CPSA and protects your rights.
Unlike some agencies, American Surrogacy does not provide in-house legal counsel. We believe independent representation ensures trust and transparency.
Reach out to us today if you need help finding an attorney in New York.
How Much Does a Surrogacy Attorney Cost?
The cost of hiring a surrogacy attorney in New York varies depending on the attorney and the complexity of your case. Intended parents are required to cover the legal expenses for both their attorney and the surrogate’s attorney.
When you work with American Surrogacy, you won’t need to budget separately for these expenses—our program pricing includes anticipated legal costs so you can plan with peace of mind.
Find a Surrogacy Attorney Near Me
- Warshaw Burstein LLP (New York City): Alexis L. Cirel is a partner at Warshaw Burstein LLP in the Matrimonial and Family Law Group and a founding partner of our Fertility Law Group.
- The Stork Lawyer (New York City, Pound Ridge): After undergoing treatment for infertility herself, President and Founder Elizabeth Swire Falker opened her own practice devoted to helping others grow their family through assisted reproductive technology.
- JPM Fertility Law (New York City): JPM Fertility Law works with intended parents and surrogates embarking on a surrogacy journey, as well as for those who wish to secure their parental rights through a Judgment of Parentage.
Start Sooner, Worry Less — Choose the Right Surrogacy Program in New York Today
American Surrogacy offers three comprehensive programs. These programs are designed to cater to different needs and circumstances, providing flexibility and support to intended parents throughout their surrogacy journey.
- Foundation Program: A full-service, pay-as-you-go program that offers comprehensive support from start to finish. While it has a lower initial cost, intended parents may incur additional out-of-pocket expenses if the match does not proceed or is disrupted for any reason.
- Limited Risk Program: This program is structured to safeguard your budget in case challenges arise during your surrogacy journey. Fees paid can be credited toward your next attempt or refunded, ensuring you don’t have to pay for the same expenses multiple times in the event of an unsuccessful outcome.
- Independent Program: Designed for families who have already identified a surrogate or plan to find one independently. This program provides professional support and guidance throughout the surrogacy journey, helping to reduce repeated screening costs and streamline the process.
FAQs: Legal Aspects of Surrogacy in New York
Are insurance companies required to cover IVF in New York?
Yes, large group insurance plans must cover up to three IVF cycles.
Is an embryo considered a person in New York?
No, embryos outside the uterus are not recognized as legal persons.
Is traditional surrogacy legal in New York?
Only in altruistic, unpaid situations. The surrogate is considered the legal mother.
Do sperm or egg donors have parental rights?
No. Donors are not legally considered parents under New York law.
Is there an IVF tax credit in New York?
Not yet. A bill introduced in 2025 would offer up to $10,000 per IVF cycle for three treatments if passed.