New York Surrogacy | Surrogate Parenting Agency

Surrogacy in New York State

Intended parents can be from New York but New York Statutes prohibit surrogates, who are compensated, from signing on to do a journey. We match intended parents from New York with surrogates from other surrogate-friendly states. We have staff members who live in New York City, who can meet with you. Additionally, Boston-based staff members travel to New York City regularly to meet with intended parents. 

What are the statutes of surrogacy in New York?

New York statutes declare surrogate-parenting contracts to be void and unenforceable. They prohibit and establish penalties for compensated surrogacy. While uncompensated surrogacy is not subject to the same penalties, a surrogacy arrangement with a surrogate who lives in New York and receives any surrogacy payments is not a safe option. Circle Surrogacy does not accept surrogates from New York.

What does this mean for intended parents in New York?

Fortunately, it doesn't mean much for intended parents who work with a surrogate from one of the approximately 45 surrogacy-friendly states. Many of Circle Surrogacy’s intended parents and parents are New York residents, and we offer free surrogacy consultations in New York on a regular basis.

Our social workers and attorneys work together to match intended parents with surrogates based on shared expectations and personality compatibility within the the legal and procedural frameworks of the surrogate's home state and the intended parent's home state, or country.

In general, the state where the surrogate delivers your child determines the laws and procedures that apply. Because surrogacy falls under the umbrella of family law, it is a matter left to the states to regulate. Here is more information on surrogacy laws

When necessary, New York residents are able to complete stepparent/second-parent adoptions in New York to finalize parental rights following a surrogacy arrangement in another state. And in some cases, New York courts have honored pre-birth or post-birth judgments of paternity. You'll talk with our legal team about what is the best option for you.

The Future of Surrogacy in New York

Circle Surrogacy has partnered with a number of organizations that are advocating for new surrogacy legislation in New York State. The Child Parent Security Act is the linchpin of those efforts. The proposed legislation, first introduced in the legislature in 2012, would make it easier to establish parentage in cases of assisted reproductive technology and would reverse New York’s law forbidding compensated gestational surrogacy. To learn how you can help with these efforts, send us an email

Book a Consultation in New York

Family and reproductive law is continually developing and changing. Circle’s in-house legal team and referring attorneys provided the information listed, and it is not intended to be a substitute for an attorney’s legal counsel. In any individual case, you should always confer with an attorney who specializes in this area of law and is licensed to practice in the particular state at hand.