Is compensated surrogacy legal in New York?
Yes — as of 2021. The Child-Parent Security Act reversed New York's long-standing ban on compensated gestational surrogacy, replacing it with a detailed framework of protections, including a Surrogate's Bill of Rights built directly into the law.
Are pre-birth parentage orders available?
Yes. Under the current law, intended parents can obtain a judgment of parentage before the baby is born.
What the law requires
Written agreement
A surrogacy contract meeting statutory requirements, executed before medical procedures begin.
Independent legal counsel
Separate attorneys for the surrogate and intended parents.
Medical evaluation
A medical evaluation confirming readiness for the embryo transfer process.
Mental health consultation
Psychological screening as part of the standard process.
"New York's law is unusually detailed about surrogate protections specifically — it was written, in part, as a direct response to concerns raised during the years the practice was banned."
What this means for you as a surrogate
New York's current law includes some of the most explicit surrogate protections in the country. As always, confirm the specifics of your agreement with an independent attorney.