New York Surrogacy Laws: Is Surrogacy Legal in NY? (2026)
Short answerYes. New York surrogacy laws allow paid and unpaid gestational surrogacy under the Child-Parent Security Act, which took effect February 15, 2021. Family Court Act §§ 581-402 and 581-403 require adult parties, independent lawyers for each side and a written agreement signed before any medical treatment. Genetic surrogacy is not covered.
Last verified: November 11, 2026 against Family Court Act §§ 581-402 and 581-403 (nysenate.gov) and the New York State Department of Health surrogacy pages
New York surrogacy laws now allow surrogacy, and the rules sit in a single state statute. Until 2021 the state barred paid surrogacy contracts, which made it one of the hardest places in the country to build a family this way. The Child-Parent Security Act (CPSA) changed that, and it now sets strict protections for the surrogate, the intended parents and the child. This page explains what the law allows, who qualifies, what an agreement must say and how parentage works. It is general information, not legal advice.
Key facts
- Status: gestational surrogacy, paid or unpaid, is legal under Family Court Act Article 5-C.
- Effective date: the CPSA went into effect on February 15, 2021.
- Who can be a surrogate: an adult at least 21 years old who did not provide the egg (
FCA § 581-402(a)). - Lawyers: the surrogate and the intended parents each need separate, independent New York-licensed counsel.
- Agreement timing: the written agreement must be signed before any medication or embryo transfer (
FCA § 581-403(b)). - Not covered: genetic (traditional) surrogacy, where the surrogate supplies the egg.
Is surrogacy legal in New York?
Yes. The Child-Parent Security Act legalized gestational surrogacy in New York State, and the Department of Health confirms the Act went into effect on February 15, 2021. It covers agreements that involve an agency and agreements made without one, including uncompensated arrangements.
The protections apply when the surrogate lives in New York, delivers the child in New York, or both. A surrogate who lives and delivers elsewhere is generally outside the Act, so the law of the other state matters in that case.
Why was surrogacy illegal in New York before 2021?
For decades the state treated compensated surrogacy as against public policy and refused to enforce those contracts. Lawmakers repealed that longstanding ban when they passed the CPSA, replacing it with a licensed, regulated model. The change followed a push to protect surrogates, who until then had no statutory guarantees on health care, insurance or decision-making.
In short, New York surrogacy laws did not appear by accident. The law paired legalization with a set of required protections, and an agreement that skips them does not qualify under Article 5-C.
What type of surrogacy do New York surrogacy laws cover?
The CPSA covers gestational surrogacy only. In that arrangement the surrogate carries an embryo created from other people’s egg and sperm. Under FCA § 581-402(a)(3) a surrogate cannot be the egg provider, and the Department of Health fact sheet says the changes do not cover genetic surrogacy.
| Type | Who provides the egg | Covered by the CPSA? |
|---|---|---|
| Gestational surrogacy | Intended mother or a donor | Yes |
| Genetic (traditional) surrogacy | The surrogate herself | No |
Who can be a surrogate or an intended parent under New York surrogacy laws?
Section 581-402 sets the eligibility tests. The surrogate must meet all of these:
- be at least 21 years old;
- be a United States citizen or lawful permanent resident, with six months of New York residence if neither intended parent has it;
- not have provided the egg;
- complete a medical evaluation, including a medical history screening;
- give informed consent after learning the risks, including multiple births and medication risks;
- have independent New York-licensed counsel of her choosing; and
- have comprehensive health insurance in place before any medication or embryo transfer.
At least one intended parent must be a citizen or lawful permanent resident, with six months of New York residence if the surrogate lacks it. Intended parents must also have their own independent New York lawyer. They can be one adult, spouses together or intimate partners together. A married person may proceed alone only when the couple is legally separated or has lived apart for at least three years.
What must an agreement under New York surrogacy laws include?
Section 581-403 lists the formalities. The agreement must be in a record, with every signature notarized or witnessed by two people who are not parties. It must be signed before any medication or embryo transfer, after the surrogate gives informed consent to those procedures.
- Separate counsel: each side has its own lawyer, and the agreement says so.
- Escrow: when the surrogate is paid, her base compensation and reasonable expenses go into escrow with an independent agent before any non-evaluation medical procedure.
- Medical costs: the agreement must explain how the intended parents will cover them and summarize what the insurance covers and excludes.
- Custody: the surrogate agrees to hand over custody immediately at birth, and the intended parents agree to take custody and support the child no matter the number, sex or condition.
- Guardian planning: before embryo transfer the intended parents sign a will naming a guardian for the children.
What is the Surrogates’ Bill of Rights?
Every surrogate receives a Surrogates’ Bill of Rights, and the agreement must confirm her lawyer gave her a copy. The Department of Health lists these core rights:
- to make her own health and welfare decisions, including whether to have a cesarean or a multiple embryo transfer;
- to choose her own health care practitioner;
- to continue or end a pregnancy, and to keep or reduce the number of embryos or fetuses;
- to independent counsel paid for by the intended parents, unless an uncompensated surrogate waives it;
- to health insurance through the pregnancy and 12 months after it ends, paid for by the intended parents; and
- to life insurance of at least $750,000, or the maximum she qualifies for, with beneficiaries she picks.
Any contract term that tries to override her medical decisions is void and unenforceable. The law does not reduce her rights over her own pregnancy, a point that connects to our guide on abortion law in New York.
How do intended parents become the legal parents?
A compliant agreement is the base of the process. The Department of Health describes the CPSA as a streamlined path for establishing parenthood, including when an intended parent has no genetic link to the child. Without a compliant written agreement, a court may have to decide who the legal parent is.
The statute also plans for a worst case. If no intended parent is living, the executor named in the intended parents’ will can seek a judgment of parentage under FCA § 581-203. The Department of Health’s Vital Records pages explain the acknowledgment and order of parentage steps, so check the current forms before you file.
How do New York surrogacy laws use the Department of Health?
The Department of Health licenses gestational surrogacy organizations that match surrogates and intended parents, and it regulates the clinics that perform IVF and embryo transfers. Licensed programs enroll in a Gestational Surrogate Registry, give surrogates the Bill of Rights and follow state screening guidelines. A surrogate’s own participation in the registry is voluntary.
New York City and New York surrogacy laws
New York City note: the CPSA is a state law, so the same New York surrogacy laws, eligibility rules and agreement terms apply in the five boroughs and upstate. The one difference the Department of Health notes is administrative: Vital Records can amend the intended parents’ names on birth records everywhere in the state except New York City, so New York City families should check the city records process.
Real-life scenarios
- A couple in Brooklyn works with a licensed program: each side hires its own lawyer, the agreement is signed before any medication, and the surrogate’s pay goes into escrow.
- A single parent in Rochester: one adult can be an intended parent, as long as the other eligibility tests are met.
- A friend offers to carry for free: the CPSA still applies to uncompensated arrangements, and an uncompensated surrogate can waive paid counsel.
- A cousin wants to use her own egg: that is genetic surrogacy, which New York surrogacy laws do not cover, so the family needs legal advice before proceeding.
Myths and facts about New York surrogacy laws
- Myth: New York still bans paid surrogacy. Fact: The ban ended when the CPSA took effect on February 15, 2021.
- Myth: The surrogate can be forced to follow medical terms in the contract. Fact: She alone makes decisions about her health and pregnancy, and contrary terms are void.
- Myth: The same lawyer can handle both sides to save money. Fact: The law requires separate, independent counsel for each side.
- Myth: A handshake deal with a relative is enough. Fact: A written, witnessed or notarized agreement signed before treatment is required.
Frequently asked questions
Is surrogacy legal in NY for single people?
Yes. Under New York surrogacy laws, section 581-402(b) lets an intended parent be one adult, spouses together or intimate partners together. The usual citizenship or residency and legal counsel requirements still apply.
Is surrogacy illegal in New York if the surrogate is paid?
No. Paid gestational surrogacy has been legal since February 15, 2021. Compensation must be held in escrow before any non-evaluation medical procedure, and the agreement must meet every Article 5-C requirement.
When did surrogacy become legal in New York?
The Child-Parent Security Act went into effect on February 15, 2021. That is the date the Department of Health gives for legal gestational surrogacy in New York State.
Who makes medical decisions during a surrogate pregnancy?
The surrogate does. Section 581-403 says she makes all health and welfare decisions about herself and the pregnancy, and any contract term to the contrary is void and unenforceable.
Does the surrogate have to be a New York resident?
Not always. New York surrogacy laws require six months of New York residence for the surrogate or an intended parent when the other lacks it. The protections apply when she lives or delivers in New York.
Do I need a lawyer to arrange surrogacy?
Yes. The surrogate and the intended parents each need independent New York-licensed counsel, and the agreement must state that. The intended parents pay for the surrogate’s lawyer unless an uncompensated surrogate waives it.
What changed on this page
- November 11, 2026: first publication, checked against
Family Court Act §§ 581-402 and 581-403and the New York State Department of Health surrogacy pages. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
Before you sign anything under New York surrogacy laws, read the New York State Department of Health surrogacy pages, which list licensed programs and the Surrogates’ Bill of Rights. Each side needs its own New York-licensed attorney with surrogacy experience, and the New York State Bar Association lawyer referral service can help you find one. For related topics, browse marriage, family and kids laws.
