New York Surrogacy Laws

In New York, all compensated surrogacy contracts are against public policy and are illegal, whether the prospective parents have opted to use a traditional New York surrogate or a gestational New York surrogate (NY DOM REL § 123.).

New York surrogacy parenting contracts that do not provide for compensation are against New York public policy and are unenforceable. However, they are not illegal (NY DOM § 122.).

A surrogacy parenting agreement that is not compensated must be carefully written because only the payments and reimbursements that are allowed in New York adoptions are permitted (NY DOM REL § 123.).

Law Concerning Parentage Orders in New York

Because gestational surrogacy and traditional surrogacy are against public policy in New York, parents cannot obtain a New York pre-birth order for their child born as a result of surrogacy.

The New York surrogate is the “birth mother” of any child born to her, even if she is not genetically related to the child. The intended mother must adopt the child in order to place her name on the child’s birth certificate. The intended father, provided that he is genetically related to the child, may have his name placed on the birth certificate.

Egg and Sperm Donor Law in New York

A New York statute regarding the parentage of a child born to a married women who uses a sperm donor specifically states that any child born to a married woman by means of artificial insemination performed by a doctor is deemed to be the birth child of the husband and wife (N.Y. Dom. Rel. Law §73.).

Provided that these conditions are met, a sperm donor in New York is not the legal father of the child under New York law.

There is no like statute concerning New York embryo donors. There is no New York case law that interprets the statute as it concerns the rights of embryo donors in New York.

New York Stepparent and Second-Parent Adoption Law

New York allows for a stepparent in New York to adopt their partner’s child without requiring that the stepparent and biological parent be married (N.Y. Dom. Rel. Law §110). A New York stepparent adoption does require the termination of the other biological parent’s parental rights prior to adoption (N.Y. Dom. Rel. Law §111.).

Fertility Clinics in New York

Speak with Baby Steps Surrogacy Center, Inc.

The professionals at Baby Steps Surrogacy Center, Inc. are here to help you navigate New York’s surrogacy laws and become the parent of the child you’ve wanted for so long. To speak with us, call 412-884-2229 or reach us through the contact buttons at the top of this page.