The Child-Parent Security Act (CPSA)
The Child-Parent Security Act, effective February 15, 2021, made New York one of the most comprehensive surrogacy states in the US. The CPSA explicitly authorizes compensated gestational surrogacy agreements, provides a pathway for pre-birth orders, and includes extensive protections for both surrogates and intended parents. Crucially, the law explicitly includes all intended parent configurations — married couples, unmarried couples, same-sex couples, and single parents.
Pre-Birth Orders in New York
Under the CPSA, intended parents may file for a pre-birth order confirming their parental rights before the birth of the child. PBOs are available for all intended parent configurations. The New York court system has been processing CPSA-based PBO applications since 2021 with increasing efficiency.
Surrogate Protections Under the CPSA
The CPSA includes significant surrogate protections that intended parents should understand: surrogates have the right to make all health and medical decisions during the pregnancy, surrogates have the right to independent legal counsel (paid by intended parents), and surrogates retain the right to terminate the pregnancy. These provisions align with standard practice in surrogacy-friendly states.
LGBTQ+ Intended Parents
The CPSA explicitly includes LGBTQ+ intended parents. New York is now a strong option for same-sex couples and single parents seeking a delivery state with explicit statutory protections.
New York’s 2021 CPSA transformed it from a state where surrogacy was legally uncertain into one of the strongest surrogacy frameworks in the US.