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: New York laws on surrogacy forbid them from locally undergoing the fertility treatments needed to have a baby. 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 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. Though the wait was long, the result is impressive: as Paulin explained, 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, as well as the Child-Parent Security Act and its details.
- 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 surrogates 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 birth
- 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 begin 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 rules regarding sperm donation also protect 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, as 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.
When Does the New York Surrogacy Law Go Into Action?
Though Andrew Cuomo signed the Child-Parent Security Act on April 3, 2020, it won’t actually go into effect for nearly another year. On February 15, 2021, CPSA will officially be legal.
I am Interested in Surrogacy. Where Can I Start?
February 2021 will be here before we know it! 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 around the world— and we’re so excited to finally 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 journey. 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.