Celebrating Legalization of Surrogacy in New York

legalization of surrogacy in new york

This year represents a milestone for intended parents and surrogates in New York. Compensated surrogacy became legal in February 2021 in the state, culminating a years-long effort to provide protections for surrogates and giving intended parents a state-of-the-art law supporting all families. Our surrogacy agency, which has an office in NYC, already has established relationships with well-known fertility clinics in New York.

New York had been 1 of only 3 states where compensated surrogacy was illegal, and surrogacy advocates lobbied for 10 years before the state approved the law in 2020. The new law became effective Feb. 15 2021.

What Are the Benefits of New York’s Surrogacy Law?

The new law’s most exciting benefit is that women interested in becoming surrogate mothers can begin the application process immediately. The qualifications for being a surrogate (also called gestational carriers) include being at least 21 years of age, be a US Citizen or Lawful Permanent Resident, and who share a desire to help others grow their families.

Besides making compensated surrogacy legal, New York’s new law allows surrogates to have:

  • The right to make all decisions involving the health and welfare of themselves and the pregnancy, including termination
  • Their choice of independent legal counsel, which is paid for by intended parents
  • Health insurance coverage paid for by intended parents – the insurance provisions run a year after the end of the pregnancy, either by birth, termination or miscarriage
  • Access to counseling and life insurance

For intended parents, the law means:

  • Having a secure legal relationship with their child from birth
  • Compensated gestational surrogacy agreements protected by law
  • A simpler process for non-biological parents to secure legal parenthood
  • No more legal uncertainty for single intended mothers who use a sperm donor

The New York law helps anybody who wants to use a gestational carrier, including single women, single men, gay couples, and unmarried couples.

Why Choose a Surrogacy Agency?

In NYC, Circle Surrogacy helps gestational carriers and intended parents navigate a complex surrogacy process. We’ve been helping intended parents in New York grow their families since Circle Surrogacy first opened its Boston, Massachusetts, office in 1995. We have worked with thousands of intended parents from New York and New Jersey. We also have New York based employees on our intended parent outreach team who are very familiar with the NY law and are continuing to stay up to date with all changes as the law is put into practice.

Going through the surrogacy process independently can be stressful and time-consuming, involving finding legal representation, social workers or counselors, and fertility clinics on your own. Circle Surrogacy’s expertise includes many team members who joined Circle after having their own experiences with surrogacy and egg donation. While parents who choose to work with a surrogate from New York will require outside counsel, working with a surrogacy agency with long standing experience in New York will be beneficial throughout the process.

We have programs that fix the cost of surrogacy so there are no surprises, and we use a rigorous 3-step screening process for potential surrogates before they’re matched with intended parents. Our program coordinators and attorneys have expertise working with LGBTQ+ and heterosexual couples, in addition to single persons. Our NYC office includes a New York-based attorney who used surrogacy to become a parent himself.

What’s the First Step?

If you’re considering gestational surrogacy and looking for an NYC agency or are interested in becoming a surrogate mother, contact us using the online form. You can also apply to become a parent or surrogate immediately, and one of our staff members will reach out to you.