New York Surrogacy Laws 2026

Understanding surrogacy laws in New York

Welcoming a child through surrogacy is a profound and hopeful journey—one that deserves clarity, protection, and unwavering support. New York surrogacy laws have evolved to offer just that: a safe, transparent legal framework for Intended Parents and Surrogates alike. Whether you’re dreaming of growing your family or considering becoming a surrogate, you can feel confident knowing that New York’s laws are designed to safeguard your rights, your health, and your peace of mind.

Since the passage of the Child-Parent Security Act (CPSA) in 2021, compensated gestational surrogacy is fully legal in New York. This landmark legislation ensures that every surrogacy arrangement is built on clear consent, comprehensive legal agreements, and robust protections for all parties. The law continues to be refined, with updates through 2026 reinforcing New York’s commitment to ethical, inclusive, and family-centered surrogacy.

For anyone considering surrogacy in New York, understanding the legal landscape is the first step toward a secure and fulfilling experience. Let’s explore what these laws mean for you, and how Hatch stands ready to guide you with expertise and compassion.

Who can become a Surrogate or Intended Parent in New York

New York surrogacy laws set thoughtful eligibility criteria to ensure the safety and well-being of everyone involved. These requirements are not just legal checkboxes—they are safeguards that honor the emotional and physical investment of Surrogates and Intended Parents.

Surrogate eligibility

To become a Surrogate in New York, you must:

• Be at least 21 years old
• Have given birth to at least one child of your own
• Complete a medical and mental health evaluation
• Have independent legal counsel (separate from the Intended Parents)
• Be a U.S. citizen or legal permanent resident
• Be provided with the Surrogate Bill of Rights document by any agency licensed in New York you wish to work with

These criteria are in place to protect your health and ensure you are fully prepared for the surrogacy journey. Your well-being is always the top priority.

Intended Parent eligibility

Intended Parents in New York can be:

• Married or unmarried couples, or single individuals
• Of any sexual orientation or gender identity
• U.S. citizens or legal residents

There are no restrictions based on marital status or sexual orientation, reflecting New York’s commitment to inclusivity and family diversity. Intended Parents must also undergo background checks and, in some cases, counseling to ensure readiness for the responsibilities of parenthood.

These requirements are designed to foster trust, transparency, and mutual respect—values at the heart of every successful surrogacy partnership.

Types of surrogacy recognized in New York

New York recognizes and regulates only gestational surrogacy arrangements. This means:

• Gestational surrogacy: The Surrogate has no genetic connection to the child. The embryo is created using the Intended Parents’ or donors’ egg and sperm, then transferred to the Surrogate’s uterus.
• Traditional surrogacy: Not permitted under New York law. In traditional surrogacy, the Surrogate’s own egg is used, making her the biological mother. This type of arrangement is not legally recognized or protected in New York.

Both altruistic (unpaid) and compensated (paid) gestational surrogacy are legal, provided all legal requirements are met. Compensation is carefully regulated to ensure fairness and transparency, covering the Surrogate’s time, effort, and medical expenses.

By focusing on gestational surrogacy, New York law prioritizes clear parentage and minimizes legal and emotional risks for everyone involved.

Legal requirements for surrogacy agreements

A surrogacy agreement in New York is more than a contract—it’s a comprehensive roadmap that protects the rights, responsibilities, and expectations of all parties. New York surrogacy laws require that every agreement include:

• Full informed consent: All parties must receive independent legal counsel and have the agreement explained in detail.
• Clear terms of compensation: The agreement must specify all payments and reimbursements to the Surrogate.
• Medical and psychological screening: Both Surrogate and Intended Parents must complete thorough evaluations.
• Health insurance coverage: The Surrogate must have health insurance that covers pregnancy and postnatal care, as well as a separate policy for life insurance with a minimum of 750k for the Surrogate’s named beneficiary.
• Dispute resolution process: The agreement must outline how any disagreements will be handled, prioritizing the best interests of the child and the well-being of the Surrogate.

These requirements are not just legal formalities—they are essential protections that ensure every surrogacy journey in New York is built on trust, respect, and mutual understanding.

Parentage orders and establishing legal parenthood

One of the most reassuring aspects of New York surrogacy laws is the clear, court-backed process for establishing legal parenthood. This process ensures that Intended Parents are recognized as the child’s legal parents from birth—providing security and peace of mind for everyone.

Pre-birth parentage orders

• Intended Parents can obtain a pre-birth parentage order from a New York court.
• This order declares the Intended Parents as the legal parents before the child is born, allowing their names to be placed directly on the birth certificate.
• The Surrogate and her spouse (if any) are not listed as legal parents.

Why this matters

• Intended Parents can make medical decisions for the child immediately after birth.
• The Surrogate is protected from any unwanted legal or parental responsibilities.
• The child’s legal status is clear and secure from day one.

These legal safeguards are a testament to New York’s commitment to protecting families and honoring the intentions of everyone involved in the surrogacy process.

Take the next step with confidence

Begin your surrogacy journey in New York today

Choosing surrogacy is a life-changing decision—one that deserves expert guidance, heartfelt support, and absolute transparency. At Hatch, we’re here to walk beside you every step of the way, ensuring your journey is safe, legally secure, and deeply respected. Whether you’re an Intended Parent or a potential Surrogate, you can trust our team to provide the knowledge, care, and advocacy you need to move forward with confidence.

Ready to explore surrogacy in New York?
Connect with Hatch today and let us help you build your family with compassion, expertise, and unwavering commitment to your safety and success.

Frequently Asked Questions

• Is compensated surrogacy legal in New York?
  Yes, compensated gestational surrogacy is fully legal under New York surrogacy laws, provided all legal requirements are met.
• Can LGBTQ+ individuals or couples pursue surrogacy in New York?
  Absolutely. Surrogacy laws in New York are inclusive and allow individuals and couples of any sexual orientation or gender identity to become Intended Parents.
• What protections exist for Surrogates in New York?
  Surrogates are protected by requirements for independent legal counsel, comprehensive health and life insurance, and clear compensation terms.
• Are traditional surrogacy arrangements allowed in New York?
  No, only gestational surrogacy is recognized and protected by New York law.
• How is legal parenthood established for Intended Parents?
  Intended Parents can obtain a pre-birth parentage order, ensuring they are recognized as the child’s legal parents from birth.