New York's Child Parent Security Act (CPSA) provides comprehensive legal protections for LGBT intended parents pursuing surrogacy, including access to pre-birth orders that establish parentage from the moment of birth.
With this landmark legislation, same-sex couples can navigate surrogacy with confidence, knowing their parental rights are legally recognized throughout the Empire State.
Schedule a consultation today to discover how American Surrogacy can connect you with LGBT-friendly surrogacy professionals who understand New York's legal landscape and can guide you through every step of your family-building journey.
New York stands as one of the most progressive states for gay surrogacy laws, offering clear legal pathways for both married and unmarried LGBT couples, single parents, and intended parents using donor gametes. Here's everything you need to know about LGBT surrogacy laws in New York and how they protect your growing family.
LGBT Surrogacy Laws in New York and Establishing Parentage: Will We Get a Pre-Birth Order?
Yes, New York courts issue pre-birth orders (PBOs) for LGBT intended parents under the Child Parent Security Act. These orders establish parentage before a child is born and become effective immediately upon birth, giving both parents peace of mind that they will have full parental rights and responsibilities from day one.
Courts will grant pre-birth parentage orders for all family types, including same-sex couples using an egg donor or sperm donor, regardless of marriage status. This means:
Married same-sex couples using donor gametes can both be named as legal parents Unmarried same-sex couples have the same protections as married couples Both parents can be declared legal parents even when only one has a genetic connection No genetic connection requirement exists for the non-biological parent
Important Note About New York Surrogacy Matching
New York is the only state that requires licensing of gestational surrogacy organizations. This means American Surrogacy cannot directly match intended parents with surrogates residing in New York, as we are not licensed in the state.
However, if you're open to matching with a surrogate from another state, we can absolutely help you navigate the process.
Many New York intended parents successfully work with surrogates from other surrogacy-friendly states while still benefiting from New York's strong legal protections and we work with families across the country.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in New York?
Yes. New York law permits both intended parents to be declared legal parents in a pre-birth order, even when only one parent is genetically related to the child.
What If We're Not Married — Can We Both Be Legal Parents?
Yes! New York allows both parents in an unmarried LGBT couple to be named on the birth certificate from birth. The Child Parent Security Act protects unmarried couples, ensuring:
- Marriage is not required for both partners to gain legal parentage
- Pre-birth orders are available to unmarried same-sex couples
- Both partners have equal rights regardless of genetic contribution
Whether you're married or in a committed partnership, New York recognizes both intended parents from the moment your baby arrives.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in New York?
Single intended parents have full access to New York's LGBT surrogacy protections.
Courts grant pre-birth parentage orders for single intended parents using their own gametes or donor materials, with full parental rights from birth and legal recognition that travels if you move to other states.
How Will Our Names Appear on the Birth Certificate in New York?
New York allows flexible terminology: "Parent and Parent," "Mother and Mother," or "Father and Father." This inclusive approach respects how LGBT families choose to identify themselves.
The birth registrar receives the gestational surrogacy agreement and forwards documentation to the State Health Department, where the birth certificate is amended to reflect the intended parents' information.
How Long Will It Take to Get the Birth Certificate?
Most families receive their amended birth certificate in six months or less.
For expedited processing, contact your county's vital records office and ensure all surrogacy documentation is properly filed at the hospital.
Do We Need a Second Parent Adoption After Surrogacy in New York?
Usually no. Post-birth adoptions are rarely needed because the Child-Parent Security Act allows intended parents to receive a pre-birth order regardless of their biological connection to the child.
However, second parent adoption is available and must be filed within 90 days of birth in the county where the child was born.
Some LGBT families choose this for enhanced protection when traveling to less LGBT-friendly states or for international travel.
New York will honor adoption orders from other states and issue amended birth certificates based on those orders.
How Surrogacy Contracts Protect LGBT Parents in New York
The CPSA establishes legal criteria for gestational surrogacy agreements that protect both surrogates and intended parents.
Essential protections include:
Clear establishment of intended parents as legal parents from birth Termination of any parental claims by the surrogate Comprehensive financial safeguards including escrow-held compensation and health insurance coverage.
These contractual safeguards work alongside New York's pre-birth order process to ensure LGBT intended parents have legal protection throughout their surrogacy journey.
Why Work With a Surrogacy Agency If You're an LGBT Couple in New York
Working with an experienced surrogacy agency like American Surrogacy provides specialized LGBT support, including:
- Faster matching with surrogates who support LGBT family building
- Attorney networks specializing in LGBT surrogacy laws across all 50 states
- Cultural competency in serving LGBTQ+ families
Since American Surrogacy cannot match within New York due to licensing requirements, we connect New York intended parents with carefully screened surrogates from other surrogacy-friendly states, providing shorter wait times, competitive pricing, and full legal protection under New York law.
Finding an LGBT-Friendly Surrogacy Attorney in New York
Working with an attorney experienced in LGBT surrogacy laws is crucial for navigating New York's legal requirements. Qualified surrogacy attorneys in New York with LGBT experience include:
- Alexis Cirel (New York): Specializes in ART (Assisted Reproductive Technology) law with extensive experience in LGBT surrogacy cases. Known for thorough pre-birth order preparation and strong advocacy for same-sex intended parents.
- Elizabeth Swire Falker (New York): ART law specialist with particular expertise in complex LGBT surrogacy arrangements. Experienced in both in-state and multi-jurisdictional cases involving New York residents.
- Gregory Franklin (Rochester): Specializes in both adoption and ART matters, with extensive experience helping LGBT couples navigate New York's surrogacy legal requirements.
- Jennifer Mass (Hauppauge, New York): ART law specialist with focus on complex surrogacy cases. Known for detailed contract drafting and successful pre-birth order petitions for LGBT clients.
How to Get Started With LGBT Surrogacy in New York
New York's progressive LGBT surrogacy laws provide the legal framework you need, and American Surrogacy offers the expertise to guide you through the process.
Your next steps include:
Scheduling a consultation to discuss your family goals and legal requirements Reviewing matching options with surrogates from surrogacy-friendly states Connecting with legal counsel specializing in New York LGBT surrogacy law Beginning the screening process Finalizing contracts with comprehensive legal protections
Speak with a specialist today to discover how thousands of LGBT families have successfully built their families through surrogacy, with full legal protection under New York's Child Parent Security Act.