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Is surrogacy legal in New York?

On Behalf of | Apr 18, 2024 | Family Law

Building a family is a dream for many, but sometimes, medical challenges can make it impossible. Thankfully, advances in science have opened doors, including surrogacy. Through the Child-Parent Security Act of 2020, New York allows surrogacy.

This recently passed law made gestational surrogacy legal, meaning a woman (the surrogate) carries a pregnancy for another couple (the intended parents) using an embryo created with the intended parents’ egg and sperm. This law protects everyone involved and makes the process easier for New York residents.

Who can be a surrogate or an intended parent?

Anyone in New York can pursue surrogacy, regardless of marital status or sexual orientation if they meet the requirements. Intended parents must go through counseling and a thorough background check. Surrogates must be at least 21 years old, live in New York, and be United States citizens. The surrogate must not be the biological mother of the child. Both parties must also go through medical and psychological evaluations.

Factors to consider in surrogacy

The process may be complex and intended parents must understand certain factors for a smooth surrogacy journey:

  • Finding a surrogate: Intended parents may connect with a surrogate through legal agencies or legal professionals.
  • Legal contracts: A detailed agreement outlines everyone’s rights and responsibilities, including the surrogate’s compensation, prenatal care and coverage for other medical costs.
  • Fertility treatments: Doctors typically use in vitro fertilization (IVF) to create embryos for the surrogate to carry.

After the baby is born, it is essential to establish legal parenthood to confirm that the intended parents are the baby’s legal guardians.

Surrogacy offers an excellent opportunity for parents to build a family when pregnancy is not a possibility on their own. Like any other soon-to-be parents, going through surrogacy can be exciting and overwhelming at the same time. Having the right professionals to talk to may be the key to a smooth and successful surrogacy journey.