Is Surrogacy Legal in New York?

Starting February 15, 2021, paid gestational surrogacy will be legal in the state of New York. New Yorkers will be able to arrange and carry out paid surrogacy. New York has been advocating for paid surrogacy and almost a year later, it is finally legal. 

What is Surrogacy?

Surrogacy is when a gestational carrier or a surrogate carries a genetically unrelated (gestational surrogacy) or related (traditional surrogacy) baby for an intended parent(s). The intended parent(s) will become the legal parent(s). 

A surrogate could be needed for women with uterus or health-related issues. For example, if the woman was born without a uterus or if there are fibroids or scarring in the uterus that will prevent her from carrying a pregnancy. 

Types of Surrogacy: 

  • Traditional Surrogacy: When the surrogate’s egg is used in the pregnancy, which makes her genetically related to the child. In traditional surrogacy, the surrogate is usually inseminated through IUI (intrauterine insemination) with the intended parent(s) sperm or donor sperm. 
  • Gestational Surrogacy: When the surrogate is not genetically related to the child at all. The surrogate will undergo IVF (in vitro fertilization) to become pregnant with the intended parent(s) child. The intended parent(s) may choose to use their egg and sperm or donor egg and sperm. 

New York’s Plan for Paid Gestational Surrogacy:

According to the Governor’s legislation, the New York surrogacy law, also known as the Surrogates’ Bill of Rights, will provide the strongest protections in the nation for surrogates. The new Bill ensures the following:

  • The surrogate must be at least 21 years old.
  • The intended parent(s) are required to pay for the surrogate’s legal counsel.
  • The Intended parent(s) are required to pay for health and life insurance for one year after the surrogate gives birth.
  • The minimum compensation for the surrogate must be at least $35,000. 
  • Legal protections for parent(s) of children conceived by reproductive technologies such as artificial insemination and egg donation will be created. 
  • Criteria for surrogacy contracts to protect all parties in the process will be established. 
  • The burdensome and often expensive barriers for “second-parent adoption”, instead requiring a single visit to court to recognize legal parenthood while the child is in utero will be eliminated. 

Choosing a Surrogate:

New Hope Fertility Center has over 15 years of experience in helping patients conceive through IVF. Our goal is to assist you in this journey by providing groundbreaking medical support to your surrogate of choice. We are only able to provide medical assistance for the following:

  • Screening and physical assessment for the potential surrogate
  • Preparing the embryos to be transferred
  • Making sure that the intended parent(s) have undergone the FDA-mandated donor screening
  • Monitoring the surrogate cycle 
  • Performing the embryo transfer 

Any legal arrangements will have to be coursed through the surrogacy agency/lawyer. It may take a few weeks to a year to get matched with a surrogate you are comfortable with

Recruiting your own surrogate will sometimes decrease the overall costs but increase the amount of work for you. Our patients have worked with independent lawyers to draft their agreements.

Most of our patients have used surrogacy agencies. The majority of agencies are owned by reproductive lawyers specializing in this field. These agencies provide all the assistance from recruiting, matching, and legal work necessary to make sure you can bring home your baby without any problems. The agencies will be most helpful in addressing any legal concerns you may have.

Selecting the best possible candidate is purely the patient’s discretion. Any significant medical history for the surrogate must be communicated to our physician so we can determine if she is a good candidate. Based on our experience, and to minimize complications and high-risk pregnancies, we find that surrogates who fit the following surrogate criteria are optimal candidates:

  • Must be between the ages of 21-39
  • Must have normal body mass index (between 20-30)
  • Delivered at last one full-term pregnancy
  • No more than 1 previous c-section 
  • No more than 5 previous deliveries
  • No complications during prior pregnancies 
  • No history of thyroid-related issues 
  • No use of tobacco, alcohol, or illegal drugs 
  • No use of antidepressants in the last 6 months 

***We will obtain and review all labor and delivery records to confirm medical history 

New Hope’s Medical Support for your Surrogate:

New Hope Fertility Center is proud to offer these services for our patients, especially since we are located in New York City. The new surrogacy laws will broaden the spectrum for the fertility industry and help many more families fulfill their dream of having children. 

New Hope offers fertility treatments for everyone who may need it. Our world-renowned fertility specialists combined with our groundbreaking fertility technology, make us the ideal choice for fertility treatment. Don’t put your dreams on hold because of infertility. Schedule your initial consultation today! You can visit our website or call us at (212) 517-7676. We are here for you. 

***If you have any questions regarding surrogacy, feel free to reach out to our surrogacy department at surrogacy@nhfc.com.