Gestational Surrogacy Regulations in New York

Overview

Gestational Surrogacy is expressly permitted by New York’s Child Parent Security Act (NY CLS Family Ct. Act §581-401).

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Mental health counseling:
Yes
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Mental health counseling:
Yes
Resident status:
Yes*
Previous pregnancies:
at least one
Use of own embryos:
No
Independent legal counsel:
Yes
*at least one Intended Parent must be a resident of New York state for at least six (6) months; if no Intended Parent has been a resident of New York state, Gestational Carrier must be a resident of New York state for at least six (6) months

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in New York:
Yes
Birth outside of New York:
No

Pre-Birth Orders will be granted but will not be effective until the birth of the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will New York Vital Records honor a Pre-Birth Order from another state:
Yes* (Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney)
What is the typical time frame to obtain a birth certificate after delivery:
3 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
No
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
No

Second Parent and Stepparent Adoptions for New York Residents:

This situation typically arises if the child is born outside of New York. The parents then return to New York to obtain a second parent adoption or stepparent adoption in New York. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in New York?

Traditional Surrogacy is banned in New York and Parties entering into such agreements are subject to both criminal and civil penalties.
Legal content provided by:

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.