Compensated Surrogacy is Now Legal in New York!

On February 15, 2021, the Child-Parent Security Act in New York finally brought an end to the decades-long ban on paid gestational surrogacy that hindered modern family-building for countless New Yorkers.

This is huge news for the third-party reproduction community and we couldn’t be happier to celebrate the Empire State’s historic decision. Below, you’ll find more specific information about this new law.

Surrogacy Requirements in New York

Under the new law, surrogacy contracts between intended parents and gestational surrogates are now seen as legally enforceable agreements as long as all requirements are fulfilled. For surrogates, these requirements include:

  • Being at least 21 years of age
  • Not being the biological mother of the baby
  • Undergoing a medical evaluation
  • Having her own legal counsel
  • Having insurance that provides coverage for pregnancy (this can be paid for by the intended parents)

Establishing Parentage in New York Surrogacy Contracts

Intended parents must have their own legal counsel. Additionally, all parties involved (including spouses and/or partners) must be involved in the surrogacy agreement. All of these legal details must be established and formally executed as a contract before embryo transfer occurs. Any compensation being given to the surrogate must be funded in an escrow account before the contract has been signed.

As for establishing parental rights in New York surrogacy births, intended parents now face a simplified process in which parentage judgments are issued before the child is born so that they are valid upon birth. The order establishes all parental rights to the intended parents and ensures that surrogates and donors are completely severed from any custodial rights.

New York’s Surrogate Bill of Rights

The Child-Parent Security Act includes a bill of rights specifically designed for surrogates. The New York Surrogate Bill of Rights covers terms such as health and welfare decisions, independent legal counsel, health insurance and medical costs, life insurance, and termination of the surrogacy contract. Some of these rights include:

  • The decision to continue or terminate a pregnancy
  • The decision to keep or reduce the number of fetuses or embryos they are carrying
  • Health and life insurance costs to be covered by the intended parents for 12 months after childbirth or the end of the pregnancy
  • Health insurance plans must provide coverage for psychological counseling
  • A life insurance policy of a minimum of $750,000
  • The right to end a surrogacy agreement before becoming pregnant

Pursuing Surrogacy in New York

These new laws in New York are sure to open the door for countless families to be created. As always, it’s important that you work with an experienced surrogacy agency that understands all aspects of the New York surrogacy process and will be able to provide guidance and support throughout the financial, legal, and medical aspects of a surrogacy journey in New York. To learn more about surrogacy in New York as an intended parent or surrogate, contact Fertility Source Companies today.