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New York surrogacy law has undergone a considerable change in the past few years. For hopeful parents in this state, the change introduces new opportunities to explore options beyond more traditional fertility treatments and adoption. The Child-Parent Security Act of 2021 (CPSA) marked a paradigm shift from complete prohibition to acceptance of compensated gestational surrogacy.

People in New York can now work with licensed surrogacy agencies to navigate the path toward parenthood. If you live in the state and have questions about how this can affect your dreams and goals, read on to explore the specific details. A New York surrogacy agency can help you understand everything and facilitate the process.

Is Surrogacy Legal in New York?

Yes. With this legislative reform, the state of New York has become places where surrogacy is legal in the United States. This offers new opportunities and pathways for couples and families who want to expand through assisted reproduction. Navigating the landscape of surrogacy remains a somewhat complex endeavor. There are many specific New York surrogacy requirements to understand and follow. These include specific eligibility criteria for intended parents and surrogate mothers as well as the legal procedures necessary to complete the process.

The CPSA offers many provisions for everyone involved. However, it is necessary to understand the intricacies and follow them carefully to avoid potential legal issues. This is one reason why it is important to work with a surrogacy agency who understands the law and offers legal assistance for the entire process.

New York Laws Surrounding Gestational Surrogacy 

The only type of surrogacy that is currently legal in New York is called gestational surrogacy. This involves using the intended mother’s egg that is fertilized and then implanted in the surrogate. Genetic surrogacy using the surrogate’s egg is not covered by the Child-Parent Security Act. Inability to successfully carry and help a fetus develop is one of the common reasons for hiring a surrogate.

The CPSA has distinct rules about surrogacy matching programs, agencies and similar organizations, egg and sperm donors, healthcare providers, mental health professionals, and legal counsel.

Specific New York Rules About Surrogacy

One of the specific New York surrogacy law changes focuses on the agencies that offer these services themselves. This is the first state to offer and require licensing to these organizations. While this puts more control in the hands of the state itself, it also helps ensure compliance with the law and operational excellence to protect parents and surrogates. These rules include safeguards for everything from health and safety to fair compensation and more.

  • Surrogates have the sole right to make decisions about their health care, welfare, and birth plan. They can, for example, decide whether they will allow multiple embryo transfer, use a specific OB/GYN, or consent to a cesarean if necessary.
  • Surrogates have the right to seek out their own legal counsel, whose services will still be paid for by the intended parents.
  • Surrogates will receive comprehensive health insurance throughout the conception, pregnancy, and post-label. For up to 12 months after giving birth.
  • Surrogates have the right to psychological counseling or therapy of their choosing, which will likewise be paid for by the intended parents.
  • Surrogates can choose to receive a life insurance policy provided by the intended parents that is in place for up to 12 months after birth.
  • Surrogates have the sole discretion on whether they can cancel a surrogacy agreement or get out of the contract with no legal or financial penalties.

Of course, the intended parents also have considerable protections under New York law. These include:

  • Assurance that the surrogate has been thoroughly investigated and found to be medically, psychologically, and legally appropriate for the process.
  • The establishment of a legal relationship between the newborn infant and the parents.
  • In situations with eggs or sperm donors, similar legal protections are in place and that the child is 100% the parental, legal, and financial responsibility of the parents named in the surrogacy contract.

The Department of Health provides these gestational surrogacy program licenses. The agency must apply and receive one successfully well before they begin to offer services in New York. Each one is given a unique identifier for the surrogates that they enter into agreement with. They must also follow specific screening guidelines based on health department best practices and national medical standards.

Surrogate Cost in NYC and NY State Explained

Since compensated surrogacy is now legal in New York, many intended parents have questions about the overall cost and where their money goes according to these contracts. It is very difficult to quote an exact price for every parent-surrogate situation. This depends on a wide variety of factors including location, surrogacy agency reputation and services provided, any special medical care needed, legal conditions, and more.

How Much Is Surrogacy in New York?

Hiring a surrogate legally in New York can cost anywhere from around $60,000 to $150,000. As this represents a considerable expense, intended families have a variety of options for affording these life-changing services. Most personally finance the process or engage in friends and family fundraising from people who care enough to contribute to the dream of having a new baby. Some unique grants exist to provide financial assistance for families associated with specific religious faith who are struggling with infertility. Also, some insurance providers help with the expenses.

What Do the Surrogacy Expenses Cover?

The New York surrogacy costs cover everything associated with the entire process. This includes but is not necessarily limited to:

  • Legal expenses related to surrogacy contracts, parenthood, and more
  • Surrogacy agency fees, services provided, and administrative expenses
  • Direct compensation to the surrogate for her generous contribution
  • Medical expenses not otherwise covered by insurance or other means
  • Fertility treatments and embryo creation if needed
  • Initial screening of surrogates and ongoing support


It is possible that other expenses are covered in relation to the licensed agency’s contracts or that unexpected expenses arise due to complications or other specific details.

Surrogacy in New York FAQs

Intended parents and surrogates have innumerable questions before they begin the process of working together toward family fulfillment. These are some of the most commonly asked ones specifically related to New York surrogacy laws and the process itself.

How Do You Become a Surrogate in New York?

In this state, women who want to offer surrogacy services can either do so independently or work through a reputable agency. The first method is less protected and much more difficult to manage even though the CPSA covers this option. It makes more sense to work with an organization already approved by the gestational surrogacy program. This helps ensure more protection under the law and more guidance throughout this potentially challenging experience.

After submitting an application or communicating with a New York surrogate agency, the process of approval involves many steps. Some include medical history examinations, psychological evaluations, interviews, and background checks to make sure you are suitable for the role of gestational surrogate.

How Do Intended Parents Hire a Surrogate?

Couples who want to welcome a new baby to their family through gestational surrogacy should likewise work with an approved New York agency to make their dreams come true. Begin by contacting one or more organizations to find out what they have to offer intended parents. The process of hiring a surrogate often carries many concerns and questions. Experienced professionals should help you answer them and make everything as comfortable and clear as possible.

Rest assured that if you work through one of the organizations licensed by the NY gestational surrogacy program, all potential surrogates are carefully vetted for a variety of essential characteristics. Informed consent at every step along the way is one of the legal rights of intended parents under this 2021 law.

What Types of Surrogacy Does the CPSA Cover?

The only legal form of surrogacy in New York is gestational surrogacy in which the egg comes from the intended mother or a registered ova donor. The egg is fertilized externally and implanted in the surrogate for carrying and nurturing until the natural birth process. Compensated surrogacy is likewise legal in the state.

However, traditional surrogacy in which the surrogate’s own egg is fertilized through nontraditional means is not covered by the Child-Parent Security Act. The only way for this to be legal is if the surrogate and intended parents choose to do this privately in an altruistic manner with no compensation involved. The legal transfer of parentage would require a consensual adoption from the surrogate, who is the biological mother, to the intended mother and father.

What Is the Best New York Surrogacy Agency?

It takes a lot of research and careful consideration to find the best New York surrogacy agency for you. Surrogacy by Faith can help you find a surrogate or intended parents in New York. It offers comprehensive services that align with the most supportive, ethical, and legal gestational surrogacy practices required by multiple locations throughout the United States.

With the passage of the Child-Parent Security Act in 2021, gestational surrogacy became legal in New York State. In order to successfully navigate the process as an intended parent or a surrogate, it is necessary to work with a state-approved surrogacy agency or organization. There are many protections put into place for everyone involved in the process to ensure safety, health, legal protection, and a positive outcome for all.

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