Surrogacy In New York: A Comprehensive Guide
The Child-Parent Security Act, enacted in April 2020, legitimized surrogacy in New York. This act ensures that both intended parents and surrogates can navigate the process ethically, legally, and safely. The key to a successful surrogacy journey in the Empire State lies in the expertise of qualified professionals.
Intended parents in New York can now expand their families without venturing out of state. They can collaborate with gestational carriers within the state, simplifying the process. Yet, it is crucial to understand the laws and procedures involved, akin to any state.
Gestational surrogacy is legally recognized in New York State under the Child-Parent Security Act (CPSA). This act also streamlines the legal recognition of parental rights for parents using assisted reproductive technology (ART) to conceive.
Intended parents, gestational carriers, and their spouses can legally enter into gestational contracts, provided they follow the law’s guidelines. The Child-Parent Security Act of 2020 introduced new safeguards and guidelines to ensure the process’s safety for all participants.
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An Overview Of Surrogacy In New York
Gestational agreements were once illegal in New York, but the Child-Parent Security Act of 2020 changed this. It introduced new rules and safeguards to protect all parties involved in the process.
Under the Child-Parent Security Act, gestational carriers and egg/sperm donors can receive compensation for their services. Compensation must be “reasonable” and negotiated in good faith between the parties.
Gestational carriers are entitled to compensation throughout pregnancy and for eight weeks post-delivery. Since the Child-Parent Security Act only covers gestational surrogacy, conventional surrogacy is only allowed in altruistic situations where the surrogate is not paid.
The typical surrogate is the child’s genetic mother, making her the child’s legal mother under New York law. She must agree to the child’s adoption by an intended parent who is not genetically related to the child.
All gestational surrogacy agreements in New York, whether for payment or altruism, are enforceable in court, provided they follow the rules. Second-parent adoptions are also permitted in New York, allowing unmarried intended parents to secure custody of their surrogate child.
In New York, the cost of a surrogacy procedure can range from $100,000 to $125,000. This includes the agency fee, the surrogate’s psychiatric exam, legal consultation, escrow management fee, and the compensation package for the surrogate.
Why Choose Surrogacy in New York?
- Surrogacy-Friendly Laws:
New York’s legal framework protects the rights of intended parents and surrogates alike, providing peace of mind throughout the journey. - Access to Top Fertility Clinics:
New York is home to world-class fertility clinics that offer advanced medical care and technology. - Robust Support System:
With experienced surrogacy agencies and legal professionals, intended parents can count on expert guidance every step of the way.
Legal Considerations for Surrogacy in New York
New York’s Child-Parent Security Act provides a robust legal framework for gestational surrogacy while ensuring protections for all parties involved. Here’s what you need to know:
- Gestational Surrogacy Only:
New York permits only gestational surrogacy, meaning the surrogate has no genetic connection to the child. - Comprehensive Agreements:
Surrogacy agreements in New York must meet strict legal requirements, including detailed compensation terms and surrogate protections. - Parental Rights:
The CPSA ensures that intended parents are recognized as legal parents of the child immediately upon birth. - Surrogate Protections:
Surrogates in New York are entitled to independent legal counsel, comprehensive health insurance, and mental health counseling.
Surrogacy Laws In New York: Child-Parent Security Act
New York’s surrogacy laws have recently undergone significant changes, making the state more surrogacy-friendly. Both gestational and conventional surrogacy arrangements are now permitted, unlike before when they were forbidden.
The Child-Parent Security Act (CPSA) of New York governs gestational surrogacy, offering legal protection to intended parents and surrogates.
Surrogacy Contracts
Surrogacy contracts are essential for a clear framework in any surrogacy journey. In New York, these contracts must adhere to the CPSA’s regulations. New York allows the gestational carrier to make decisions regarding her body during the procedure, without being bound by the contract.
To become a surrogate in New York, a woman must:
● Not be the child’s biological mother
● Age of majority is 21
● Finish the medical assessment
● Seek out independent legal advice
● Possess pregnancy-related insurance, which the expectant parents may purchase.
● In New York, prospective parents must:
● Seek out independent legal advice
● Both parties must sign the contract (if you’re a couple)
The gestational surrogate, her spouse (if applicable), and both intended parents must be signatories to the surrogacy contract. Prior to embryo transfer, a surrogacy contract must be signed, and if the surrogate is to receive payment, that money must first be placed in an escrow account.
Parentage Orders and surrogacy laws in New York
If at least one parent is genetically linked to the child, New York surrogacy law provides for both parents to obtain parental rights through a pre-birth order.
These orders, which are obtained through the family court system, are a crucial procedural step in ensuring the parental rights of the intended parents. By ensuring that the intended parents are legally acknowledged as the child’s parents from the time of birth, pre-birth orders facilitate the procedure.
Parentage decisions can be made before an infant is born, according to the Child-Parent Security Act, and they will be enforceable after the child is born. If the intended parent or surrogate has lived in New York for at least 90 days, a petition for a parentage ruling may be filed. The parentage order ends any presumed rights of a gestational carrier or egg or sperm donor and guarantees the intended parent’s rights to the child after birth.
The child parent security act stipulates that a copy of the parentage judgment must be provided to the Department of Health following the child’s birth in order to ensure that the intended parents are listed as the child’s parents on the birth certificate.
How much does surrogacy cost in New York?
New York has emerged as a surrogacy-friendly state since the enactment of the Child-Parent Security Act (CPSA) in 2021, allowing compensated gestational surrogacy. However, the cost of surrogacy in New York is higher than in many other states due to strict legal requirements, surrogate protections, and high living expenses.
Typically, the surrogacy cost in New York ranges from $120,000 to $200,000, depending on factors like medical needs, surrogate compensation, and agency fees.
We’ll provide a detailed breakdown of the surrogate cost in New York and discuss how to plan for this significant financial commitment.
Surrogacy Cost Breakdown in New York
Here is a breakdown of the primary expenses associated with surrogacy in New York:
- Agency Fees:
Surrogacy agencies assist with matching surrogates, coordinating medical and legal processes, and providing support throughout the journey. Agency fees in New York typically range from $20,000 to $40,000. - Surrogate Compensation:
Surrogate compensation is higher in New York due to the state’s high cost of living. Base compensation usually ranges between $50,000 and $65,000, with additional payments for milestones, maternity clothing, and other allowances. - Medical Costs:
IVF treatments, embryo transfers, prenatal care, and delivery expenses generally fall between $30,000 and $50,000. If multiple embryo transfers or other treatments are required, costs may increase. - Legal Fees:
Drafting and reviewing surrogacy agreements, parental orders, and other legal requirements cost between $12,000 and $20,000, reflecting New York’s detailed legal framework. - Insurance and Miscellaneous Expenses:
These costs include health insurance for the surrogate (if needed), travel expenses, and unforeseen expenses, ranging from $10,000 to $25,000.
Average Cost of Surrogacy in New York
| Expense Category | Estimated Cost Range (USD) |
| Agency Fees | $20,000 – $40,000 |
| Surrogate Compensation | $50,000 – $65,000 |
| Medical Costs | $30,000 – $50,000 |
| Legal Fees | $12,000 – $20,000 |
| Insurance & Miscellaneous | $10,000 – $25,000 |
| Total Estimated Cost | $120,000 – $200,000 |
Factors Affecting Surrogacy Costs in New York
- Surrogate’s Experience:
First-time surrogates may have slightly lower compensation compared to experienced ones, but this varies depending on the agency. - Medical Needs:
The need for additional fertility treatments, such as multiple IVF cycles or egg donor services, can significantly increase costs. - Insurance Coverage:
If the surrogate’s existing health insurance doesn’t cover surrogacy-related expenses, intended parents may need to purchase a specialized surrogacy insurance plan. - Additional Allowances:
Surrogates may receive additional payments for carrying multiples, undergoing C-sections, or covering lost wages during maternity leave.
Cost-Saving Tips for Surrogacy in New York
While the Price of surrogacy in New York is significant, the following strategies can help manage expenses:
- Use Frozen Embryos:
If you already have frozen embryos, you can save on egg retrieval and fertilization costs. - Work with a Known Surrogate:
Partnering with a friend or relative willing to act as your surrogate can reduce matching fees and compensation costs. - Shop for Affordable Insurance:
Consult with surrogacy insurance experts to find the best coverage for the surrogate’s medical expenses. - Seek Financing Options:
Many fertility clinics and surrogacy agencies offer financing plans to spread costs over time.
Cost-Saving Strategies Table
| Strategy | Potential Savings (USD) |
| Use frozen embryos | $5,000 – $10,000 |
| Work with a known surrogate | $10,000 – $30,000 |
| Affordable insurance plans | $5,000 – $15,000 |
| Financing or payment plans | Flexible monthly payments |
The cost of surrogacy in New York is among the highest in the United States, ranging from $120,000 to $200,000, due to the state’s comprehensive legal protections and higher living costs. Despite the financial investment, New York offers a legally secure and supportive environment for building families through surrogacy.
Gestational Surrogacy Process In New York for Intended Parents.
The surrogacy process takes 18 months to 24 months depending upon the individual circumstances.
Outlines the surrogacy process timeline for intended parents:
| Stage | Description of Stage | Duration |
| Research Phase | Explore family building options and decide on surrogacy. | Personal timeframe |
| Consultation and Application | Choose a surrogacy agency, sign agreement, and start embryo creation (if needed). | 1-3 Months |
| Matching | Agency finds and presents potential gestational carriers. Meet and decide on a match. | 3-6 Months |
| Medical Screening and Contracts | Carrier undergoes medical and psychological screening. Sign surrogacy contract. | 1-2 Months |
| Embryo Transfer | Prepare for embryo transfer. Success may take multiple attempts. | 1-1.5 Months |
| Pregnancy | Gestational carrier’s pregnancy, approximately 40 weeks. | 9-10 Months |
| Birth and Postpartum | Baby’s birth, establish parental rights, and postpartum period. | 1.5-3 Months |
Please keep in mind that the durations mentioned in the table are approximate and can vary depending on individual circumstances and other factors. Always consult with a reputable surrogacy agency or professional to get personalized guidance throughout the surrogacy journey.
| Step | Description | Duration/Timeframe |
| Research Surrogacy | Learn about surrogacy and its benefits. | Varies based on individual readiness and research. |
| Plan for a Surrogacy Journey | Understand your starting point, set expectations, and create a custom roadmap. | Varies based on individual preparation. |
| Match With A Surrogate | Retain ConceiveAbilities to recruit and match you with a surrogate. | Varies based on surrogate availability. |
| Begin Pregnancy | Surrogate undergoes medical clearance and embryo transfer takes place. | Time needed for medical procedures. |
| Prepare for Your Baby’s Arrival | Surrogate’s obstetrician takes over medical care, and a birth plan is created. | During the middle of surrogate’s pregnancy. |
| Conclude Your Surrogacy Journey | Support for the surrogate post-pregnancy, settling financial matters, and considering future journeys. | Post-pregnancy period and individual decisions. |
Surrogacy process in New York with Timeline
- Consultation for requirements for a gestational surrogacy
To begin your journey, speak with our surrogacy agency for a consultation. We will discuss your objectives and expectations for the surrogacy process with you and answer any questions you may have. Feel emboldened by the dependability and efficiency of our method.
- Matching with a surrogate in New York
You are matched with a surrogate who shares your goals and values through our surrogacy agency. Surrogates play a vital and necessary role in this process. You can count on us to find the ideal match for you.
- Legal Process with gestational surrogacy agreement
In New York, the legal repercussions of surrogacy are clearly laid out. The surrogacy agency will help you navigate the legal arrangements to protect the rights and obligations of all parties involved.
- Medical Procedures
In vitro fertilization (IVF) is used to generate embryos, and then those embryos are transferred into the surrogate’s uterus.
- Pregnancy And Birth
Our surrogacy organization offers medical and emotional support to the surrogate during pregnancy. The intending parents then welcome their newborn into the world.
Finding A Surrogate Mother In New York
Locating a surrogate mother is crucial for successful surrogacy in New York. Various methods exist to find a surrogate, including:
➔ Surrogacy Agencies: Many companies specialize in matching intended parents with surrogate mothers. These firms handle the legal, medical, and matching aspects, making it a reliable option.
➔ Online communities and classified advertisements for surrogacy: Social media groups, forums, and websites dedicated to surrogacy can help meet potential surrogates. Here, you can engage in discussions, post ads, and search for surrogates who meet your criteria.
➔ Altruistic Surrogacy: Sometimes, family members or close friends offer to carry a child. This is known as altruistic surrogacy, where the surrogate is someone you trust.
➔ Fertility Clinic: Many fertility clinics have internal surrogacy programs or can suggest qualified surrogates. These clinics often have a network of women interested in becoming surrogates.
➔ Online surrogacy agencies: There are numerous websites and discussion boards where prospective surrogates can be found. Surrogate profiles are available on these platforms, allowing you to select someone who shares your interests.
Top Affordable Surrogacy Destinations- Cheapest Countries for Surrogacy
Below is a look at some of the most cost-effective international surrogacy destinations, including their processes, costs, legal frameworks, and eligibility criteria.
1. Surrogacy in Mexico
- Process: Surrogacy is largely unregulated except in certain states like Tabasco. Surrogacy arrangements are conducted through private agreements with clinics.
- Cost: $60,000–$80,000
- Legal Framework: Only available for heterosexual married couples or single parents in certain states.
- Eligibility: Requires legal contracts; intended parents must work with experienced lawyers to ensure enforceability.
2. Surrogacy in Colombia
- Process: Altruistic surrogacy is allowed, with a focus on legally binding contracts. IVF treatments are accessible at reasonable rates.
- Cost: $60,000–$70,000
- Legal Framework: Open to heterosexual couples and single parents.
- Eligibility: No citizenship requirements; contracts must be reviewed to ensure compliance with Colombian law.
3. Surrogacy in Georgia (country)
- Process: Georgia has well-established surrogacy laws, and agreements are legally binding.
- Cost: $50,000–$70,000
- Legal Framework: Available only to heterosexual married couples. Parental rights are granted exclusively to the intended parents.
- Eligibility: Requires marriage certificates with at least one year of partnership.
4. Surrogacy in Ukraine
- Process: One of the most popular destinations before the geopolitical crisis, offering transparent processes and strong legal protections.
- Cost: $50,000–$70,000
- Legal Framework: Only heterosexual married couples are allowed. Surrogates have no parental rights.
- Eligibility: Only married hetero couples with proof of medical need are required.
5. Surrogacy in Armenia
- Process: Armenia’s surrogacy laws provide legal certainty, making it a growing destination for intended parents.
- Cost: $50,000–$70,000
- Legal Framework: Open to heterosexual married couples.
- Eligibility: Requires couple to be married hetero and age limit for female partner is 53.
6. Surrogacy in Argentina
- Process: Altruistic surrogacy is practiced, but contracts are not legally enforceable. Families work closely with surrogates and clinics.
- Cost: $50,000–$70,000
- Legal Framework: No specific laws on surrogacy, but recognized through family law. Open to all family types, including LGBTQ+ couples.
- Eligibility: Collaboration with legal experts is crucial to navigating the informal framework.
7. Surrogacy in India
- Process: India recently reopened surrogacy to Indian citizens only, with a focus on altruistic arrangements.
- Cost: $25,000–$40,000
- Legal Framework: Available only to heterosexual married Indian couples/ Surrogacy in India for NRI and Surrogacy in India for OCI is possible if thy fulfill all other conditios; commercial surrogacy is banned.
- Eligibility: Couples with citizenship of India/ NRI/ OCI card holder and medical need documentation are mandatory.
Comparative Table: Surrogacy Costs in the USA and Surrogacy Abroad Countries
| Country | Cost Range | Legal Framework | Eligibility Criteria | Key Feature |
| USA | $120,000–$200,000 | Fully regulated, binding | Open to all family types | High-quality medical and legal services |
| Mexico | $60,000–$80,000 | Semi-regulated, binding in parts | Heterosexual married couples, singles | Lower costs and proximity for Americans |
| Colombia | $50,000–$70,000 | Binding legal contracts | Open to heterosexual couples, singles | Affordable and accessible IVF treatments |
| Georgia | $40,000–$60,000 | Strict legal framework | Heterosexual married couples | Strong legal protection |
| Ukraine | $40,000–$70,000 | Strict legal framework | Heterosexual married couples | Transparent and reliable processes |
| Armenia | $50,000–$70,000 | Strong legal protections | Heterosexual married couples | Growing popularity with legal certainty |
| Argentina | $40,000–$60,000 | Informal, family law-based | Open to all family types | LGBTQ+ friendly with affordable options |
| India | $25,000–$40,000 | Strict, altruistic only | Indian citizens only | Most affordable option for eligible parents |
Looking for Best Surrogacy clinic / Surrogacy agency abroad?
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Additional guide for intended parents:
Gestational Surrogacy in Indiana
Gestational Surrogacy In Illinois
Gestational Surrogacy In Wisconsin
Conclusion
Both intended parents and surrogates find empowerment and fulfillment through surrogacy in New York. The state’s surrogacy laws have been significantly updated, enhancing accessibility and security for all parties. Gestational surrogacy agreements are now officially recognized, providing legal protection and clarity for everyone involved.
Our Complete Surrogacy Consulting Services /Case Management cover a wide range of services globally, including:
✓ Guide and Support to choose the secure and legal surrogacy program
✓ Surrogacy clinic and agency recommendations
✓ Legal support and referrals
✓ Logistic support/planning
✓ Surrogacy agency liaison
✓ Financial planning/financial aids
✓ Citizenship and passport assistance
✓ Case management
✓ Shipment assistance
✓ Collaborations with third-party support (if you have your own clinic/agency to make sure your program is done properly)
✓ Quick and transparent communication
At COMPLETE SURROGACY our goal is to ensure a affordable, reliable, smooth and supportive experience as you start this remarkable journey towards parenthood. If there are any specific questions, concerns, or details you’d like to discuss, please don’t hesitate to let me know.
We are happy to assist you with one of our global surrogacy programs best suited you your personal and legal needs. I am here to assist you every step of the way
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Frequently Asked Questions about Gestational Surrogacy In New York State
1. What is surrogacy?
Surrogacy is a legal arrangement where a woman carries and gives birth to a baby for another person or couple. In New York, specific laws govern surrogacy to safeguard the rights of all parties.
2. What is gestational surrogacy and how does it work in New York?
Gestational surrogacy is a type where the gestational surrogate is not biologically related to the child. In New York, a gestational surrogacy agreement must adhere to the Child-Parent Security Act and other relevant state laws to establish legal parental rights for the intended parents.
3. Who are the intended parents in a surrogacy arrangement?
Intended parents are those who will become the parents of the child born through surrogacy. They may seek the help of surrogacy agencies and legal counsel to navigate the surrogacy process and ensure compliance with New York law.
4. What are the legal requirements for surrogacy in New York?
Surrogacy in New York is governed by the Child-Parent Security Act and other state laws. The surrogacy agreement and the gestational surrogacy program must be legal in New York and comply with the specific regulations outlined in the Family Court Act to establish legal parental rights for the intended parents.
Disclaimer:
All legal information on this website is intended only as a guide and is not a replacement for the opinions of licensed legal professionals/Medical professionals. Some information may have changed since the time of publication. We advise you to consult a licensed attorney/Medical expert with authority in fertility/surrogacy processes.
About Author:
Neelam Chhagani, MA (Counselling Psychology), PGD (Mental Health), and Holistic Infertility and Third-Party Reproduction Consultant.
Member of the European Fertility Society (EFS) and European Society of Human Reproduction and Embryology (ESHRE), Best Surrogacy Blogger for surrogacy and infertility treatment.
Highly esteemed, authoritative, and trusted professional with a 15-year of experience in international surrogacy and fertility medical tourism. Advocate for Secure, Legal, and Affordable International Surrogacy Globally.
I was introduced to Neelam by a friend who worked with Neelam for surrogacy. Neelam is absolutely wonderful. I am a single male and the journey to fatherhood is not that easy. Neelam connected me to a program ideal for my circumstances. She was with me throughout the pregnancy providing advice and guidance along the way. I am so grateful I found her and am thrilled today that I have a beautiful daughter. I highly recommend Neelam to anyone who is on a journey to become a parent. Having a child has changed my world for the better. I wish others success with their own journey and recommend you connect with Neelam to find a path that is best for you.
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