Fertility

NY Surrogacy Law – What are the Rules?

Eloise Edington | 24 Feb 2021

This week on Fertility Help Hub, we hear from surrogacy experts, Extraordinary Conceptions, on gestational surrogacy in New York, and the latest surrogacy laws.

Words by Extraordinary Conceptions – Surrogacy and Egg Donation Agency

www.extraconceptions.com | @extraordinaryconceptions

Surrogacy in NY hasn’t always been a straightforward concept. Until recently, it was illegal to undergo paid surrogacy NY-wide. However, a New York surrogacy bill passed recently… which has changed everything! We have all the information you need right here…

Is Surrogacy Legal in NY?

The answer to this is finally YES!

Until April of 2020, many potential parents and families around the Empire State were facing a hurdle: NY laws on surrogacy forbad them from locally undergoing fertility treatments needed to have a baby via surrogacy. New York was one of the few remaining areas to ban this practice; with the new laws in place, gestational surrogacy is now legal in every state in the US, except for Louisiana and Michigan.

For would-be parents across New York, these restrictions have caused a lot of stress and worry for many families over the years. After all, navigating family-building with fertility difficulties is often already an emotionally trying time. Many intended parents found that traveling to another state to work with a surrogate became quite complicated on both a financial and an emotional level. However, this truly was the only option: covert surrogacy arrangements in New York were punishable by law. Though there was no legal way to proceed with gestational surrogacy in New York for a long time, that changed this past spring…and it was a long time coming. Amy Paulin, co-sponsor of the New York surrogacy bill, known as the Child-Parent Security Act, has been working towards this victory for over a decade. Andrew Cuomo signed the Child-Parent Security Act on April 3, 2020, and it took nearly a year to actually take effect. Therefore, on February 15, 2021, CPSA was officially made legal. Though the wait was long, the result is impressive. As Paulin explains, this bill includes “the strongest protections in the nation for surrogates.”

?What is the Child-Parent Security Act?

If you’re (finally) considering surrogacy in NY, it’s important for you to be aware of both national surrogacy requirements and the details of the Child-Parent Security Act. According to The Child-Parent Security Act, New York surrogacy law requires and ensures that:

A baby will be legally bound to their intended parents from the moment they are born
All surrogates are at least 21 years of age
A surrogate is both emotionally and physically equipped to undertake her role
The surrogate will have complete agency over her own health-related decisions during pregnancy
Intended parents will pay for their surrogate’s choice of legal counsel
Intended parents will cover the health insurance costs of their surrogate throughout pregnancy and for a year (12 months) after the bi
rth
If necessary, the intended parents will cover the costs of any mental health care required by the surrogate, should related issues arise
The surrogate has rights to a life insurance policy, which will be paid for by the intended parents and will span from before treatments begins through a year after birth
The surrogate can walk away from the agreement any time until she is actually pregnant
The child born from this agreement will be legally protected in terms of financial and overall care.

Though unrelated to surrogacy, CPSA also allows LGBTQ couples to have an easier experience with family building. With this bill, if someone gives birth to a baby who is not biologically related to their partner, that child will still automatically belong to the couple. This rule applies even if the couple is unmarried. The rule regarding sperm donation also protects single mothers, as it legally binds their child to them from birth.

What is the Cost of Surrogacy in New York?

The exact cost of surrogacy will ultimately depend on several circumstances and decisions. However, most families can expect to pay somewhere between $80,000 and $250,000, though it may cost more in the long run. The surrogate compensation elements of the new laws do require intended parents to pay for some services for a year after the birth takes place.

Where can I Start if Interested in Surrogacy?

If you want to get started on planning and preparing for your surrogacy journey, we fully support that. In fact, that’s what we do. At Extraordinary Conceptions, we’ve been helping families from all over the world for 15 years. We have helped countless intended parents build their families and make their dreams come true — and we’re so excited finally to welcome New Yorkers to join us. Whether these new laws allow for you to carry a child for another family, or for you to start your own with the helping hands of a surrogate, we’re thrilled that you can finally begin your journey in the state you call home.

If you’re ready to start speaking to someone about your options for growing your family through surrogacy, we’re here to help you navigate your way. Get in touch with us today, and we’ll be happy to answer any questions you might have. We’re excited for you— and honored to be by your side as you begin this exciting journey.