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
Gestational surrogacy is recognized in New York under the Child Parent Security Act (CPSA). For many, this landmark legislation was more than just a legal shift; it was a long-awaited open door for hopeful parents to build their families safely in their home state. The CPSA provides a clear, compassionate legal framework that simplifies the path to parentage while ensuring surrogates have enforceable rights and the highest standard of health protections.
Key legal pillars of surrogacy laws in New York include:
The state legally recognizes surrogacy agreements through enforceable contracts, providing a foundation of trust for both parties. Parents can secure legal rights before birth to ensure they are the only ones recognized as legal parents the moment their child is born. The Surrogates' Bill of Rights guarantees independent counsel and health coverage, ensuring surrogates are respected and protected throughout the journey. New York law ensures inclusive, equal surrogacy access, welcoming all families regardless of marital status or sexual orientation.
Why Working with a Licensed Agency Matters
A critical component of the CPSA is the requirement for all gestational surrogacy organizations to be licensed by the New York State Department of Health. At American Surrogacy, we take this responsibility personally. As a licensed organization, our programs undergo rigorous state audits to ensure we meet the highest bars for transparency and consumer protection.
Choosing a licensed agency isn't just about compliance; it's about the peace of mind that comes from a secure, ethical partnership. Licensure confirms that your agency adheres to strict financial and legal standards, allowing you to focus on the emotional joy of your journey while we handle the complexities of New York law. For intended parents, this licensed partnership is the most reliable way to protect your future family with precision and care.
Learn More about Working with a Licensed Agency
What CPSA Licensing Protects You From
When the Child-Parent Security Act (CPSA) went into effect, it did a lot more than just legalize compensated surrogacy; it set a new bar for how people are protected throughout the process. A big part of these surrogacy laws in New York is the requirement for any matching program to be licensed by the New York State Department of Health.
This licensing isn't just a formality—it’s a shield. It ensures that the professionals you're working with are held to high ethical and financial standards. Having that kind of oversight means you don’t have to worry about the "what-ifs" of New York’s legal landscape on your own.
Safeguarding Your Financial and Legal Interests
One of the biggest practical benefits of working with a licensed agency is how your money is handled. By law, your funds have to stay in a mandatory, independent, bonded escrow account. This keeps things clean by preventing your personal surrogacy budget from ever getting mixed up with an agency's daily operating costs.
It’s a transparent way to make sure a surrogate’s compensation is always secure, which lets everyone focus more on the pregnancy and less on the ledger. Licensing also helps keep the journey on the right track by preventing:
New York guidelines are pretty strict about keeping things separate. For example, surrogacy programs can't be owned or run by the same medical team handling your IVF. Preventing vertical Integration keeps your medical care and your matching process independent and keeps everyone focused strictly on what’s best for you. Because licensed teams are required to work with independent, NY-licensed attorneys, you can be sure your agreement is solid. It will meet every legal requirement needed to make sure your parentage order is enforceable. From the initial psychological screenings to the informed consent process, licensing ensures no one is cutting corners. These steps exist to look out for the emotional well-being of everyone involved—parents and surrogates alike.
At American Surrogacy, we see these requirements as the bare minimum for a safe experience. These guardrails serve as a solid foundation; our job is to build a secure fulfilling expirience up from there, giving you the space to head into parenthood with real confidence.
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.
Who Oversees My New York Surrogacy Journey?
When you’re looking into surrogacy laws in New York, the people in your corner matter just as much as the rules. Since the Child-Parent Security Act (CPSA) passed, New York has established some of the most straightforward legal protections in the country, ensuring your journey—whether as an intended parent or a surrogate—is handled with transparency and respect.
New York law requires you to work with a state-licensed surrogacy program to ensure these protections are upheld. As a licensed agency, we are vetted by the State Department of Health for everything from our screening processes to our financial stability. This oversight acts as a safety net, providing everyone involved with essential peace of mind.
A healthy journey also relies on a "separation of powers." New York mandates that your legal and medical teams remain independent from your agency, ensuring you always have an advocate looking out specifically for your interests.
New York requires that intended parents and surrogates have separate, independent attorneys. We can connect you with local experts who specialize in the CPSA to ensure your agreement is legally sound and truly reflects your intentions. You’ll work with state-registered fertility clinics and specialists right here in New York. These medical teams focus entirely on the clinical health of the surrogate and the future baby, keeping medical decisions strictly between you and your doctors. To keep finances transparent, surrogate compensation and expenses are held by an independent escrow agent. This is a standard New York requirement to ensure funds are handled exactly as agreed upon in your contract.
By bringing these different experts together, we are able to follow the law to the letter while keeping the focus where it belongs: on the people and the new life at the heart of it all. If you’re wondering how these New York protections fit together for your specific situation, we’re always happy to chat and help you figure it out.
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.
- Oleaga Law LLC (New York City): Janene Oleaga is the founder of Oleaga Law LLC, a specialized law firm focused on family building and reproductive rights. She provides legal counsel to intended parents, surrogates, and donors of eggs, sperm, and embryos, guiding them through the legal complexities of assisted reproduction and adoption.
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 a solid starting point for families looking for a more affordable path to surrogacy. 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.