Did you know that surrogacy was once banned in New York, but now it is completely legal? Great news for New York surrogates and intended parents: surrogacy is now legal in New York! On February 15, 2021, New York joined the 48 other states who permit gestational surrogacy. This exciting change will allow countless families and individuals who want to experience parenthood.

  • Surrogacy became legal in the New York under the New York Child Parent Security Act (CPSA).
  • The law includes a Surrogate’s Bill of Rights to ensure protection for all surrogates.
  • At FSC base compensation starts at $55,000.
  • The Baby M Case influenced New York’s decision to previously ban surrogacy.
  • Governor Andrew Cuomo is an advocate for inclusive family building and helped push to unban surrogacy in New York.
  • Today in New York, both surrogates and intended parents are legally and medically protected.

Is Paid Surrogacy Legal in New York?

Yes! The New York Child Parent Security Act (CPSA) was signed on April 3, 2020, and went into effect on February 15, 2021. New Yorkers will legally be able to arrange and carry out paid surrogacy contracts.

Surrogacy contracts must now meet certain criteria to ensure the safe proceedings of all individuals involved. These criteria allow surrogates the right in making her own health care decisions throughout the pregnancy and legal protections will be extended to parents of children conceived by reproductive technologies. In fact, both surrogates and parents will be subject to the strictest protections in the USA: New York is now the only state in the country to have a Surrogate’s Bill of Rights.

How Much Does a Surrogate Earn in New York?

Compensation for surrogates will vary between agencies. At Family Source, we pride ourselves in offering generous compensation packages to our surrogates with base compensation of $55,000 or more.

When the new law comes into effect, gestational surrogates in New York may be compensated for a full range of factors associated with surrogacy, including:

  • Medical risks
  • Physical discomfort
  • Inconvenience
  • Responsibilities involved with their participation in the assisted reproduction

Intended parents must pay for the surrogate’s legal counsel, as well as the health and life insurance for one year after the surrogate gives birth.

Why Was Surrogacy Banned in New York?

New York’s ban on surrogacy was enforced in 1992, following the highly publicized case of Baby M in 1986. The case involved a surrogate mother who changed her mind and fought to keep the baby she carried.

After the case of Baby M, states banned surrogacy, including New York. But while many of these states have since lifted the ban, New York refused to follow suit.

This forced couples and individuals looking to use third-party reproduction in New York to travel out of state, incurring high costs for travel and other expenses on top of fertility treatments.

Legalizing Surrogacy in New York

One of the figureheads in the lifting of the ban was Governor Andrew Cuomo, the 56th Governor of New York State. His campaign ‘Love Makes a Family’ fought for New Yorkers struggling with fertility to have equal ability to start and raise families. Now, those who wish to have children through gestational surrogacy, including heterosexual couples, single women, single men, gay couples, and unmarried couples, are able to legally do so.

Now intended parents immediately become financially responsible for the baby, through a streamlined legal process requiring only one visit to court. The surrogate, however, has no legal rights to the child. This definition of parental roles is crucial, particularly in the case of emergency medical decisions.

Of equal importance is that women in New York now once again have the right to make their own decisions about their bodies throughout a surrogacy arrangement. The surrogate is free to choose her own doctor and also the number of embryos to be implanted in her body. She is also not required to agree to a cesarean section. Ultimately, the surrogate can also choose to terminate the pregnancy if she wishes.

Ready to Become a Surrogate in New York?

Women in New York who wish to become gestational surrogates can now begin the application process and undergo the required screening.

If you’d like to know more about surrogacy in New York, Family Source Consultants are ready to answer your questions!

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Staci Swiderski, CEO and owner of Family Source Consultants, has been a prominent leader in reproductive medicine for over two decades. Through her strategic vision and dedication, she has developed Family Source Consultants into a globally recognized agency specializing in comprehensive egg donation and gestational surrogacy services. Under Staci’s leadership, the agency has become a trusted partner for intended parents, surrogates, and egg donors worldwide, known for its rigorous standards, compassionate support, and commitment to excellence in third-party reproduction.

Her professional insight is uniquely informed by her own family-building experiences. As an intended parent, Staci welcomed her son via gestational surrogacy in 2005, and as a known egg donor, she assisted an infertile couple in expanding their family. These experiences lend a rare depth to her leadership and have fueled her ongoing dedication to ethical, empathetic, and professional support within the field of reproductive medicine.