Surrogacy Law in New York

no-image Gestational surrogacy contracts are legal and enforceable in courts, however, genetic surrogacy contracts are prohibited, are null and void, and cannot be enforced in court.

A surrogate is entitled to request compensation in excess of the reimbursement of expenses incurred.

All intended parents may enter into surrogacy agreements regardless of their marital status.

A surrogate must give informed consent after being notified of the medical psychological and psychosocial risks.

Intended parents are responsible to pay for the following benefits, although the surrogate who receives no compensation can waive these rights:

  • The surrogate must have legal representation

  • The surrogate must have comprehensive medical insurance lasting until after 12 months postpartum.

  • Life insurance in the amount of at least $750,000, or the maximum benefit she qualifies for lasting until 12 months postpartum.

  • Disability insurance if the surrogate requests it

  • Counselling at any point at the request of the surrogate.

The contract must allow the person acting as a surrogate to make all health and welfare decisions regarding themselves and their pregnancy including but not limited to, whether to consent to a cesarean section or to multiple embryo transfer. Any provision that would limit these rights is void and unenforceable. A surrogate has the right also to determine whether or not to terminate or abort the pregnancy.

A surrogate has the right to choose her health care practitioner.

The surrogate and at least one of the intended parents must be a U.S. citizen or lawful permanent resident and a New York resident for at least six months prior to entering into the contract.

The compensation and anticipated expense reimbursement must be placed in escrow prior to the commencement of any medical procedures.