Can I Become a Surrogate Mother in New York?

Laws in the United States are predominantly pro-surrogacy. Most states make it easy for those who choose surrogacy as their method of assisted reproduction to experience a successfully completed surrogacy. Unfortunately, that is not true for all states. New York is known to have some of the most restrictive regulations when it comes to surrogacy.

Surrogacy in New York

While it is completely possible for a woman to become a surrogate if she resides in New York, it is illegal for her to enter into a compensated contract with the child’s intended parents. This means that surrogates that reside in the state of New York cannot be paid for their service as a surrogate.
Additionally, New York state law considers the woman who gives birth to the child the birth mother and grants her parental rights, regardless of whether or not she is biologically related to the child. New York does not issue pre-birth orders, so it is not wise to pursue any surrogacy arrangement in the state as intended parents are not given preferential parental status.
For these reasons, the majority of intended parents seek surrogates that reside in surrogacy-friendly states. These states allow intended parents to be granted pre- or post-birth orders. They are also allowed to compensate surrogates which helps to increase the number of possible surrogates that they have to choose from.

Is Surrogacy Legal in New York?

While New York is known for its restrictive laws regarding surrogacy, it does not completely prohibit the practice of surrogacy in the state. Surrogacy in New York state is legal only in cases of “compassionate surrogacy.” New York has a strict ban on compensated surrogacy. Surrogates are only allowed to be compensated for medical expenses related to their pregnancies and living arrangement fees for 90 days. This payment structure mimics that of adoption agreements in the state.

Why does New York prohibit paid surrogacy contracts?

New York surrogacy laws reflect a time in the past. The infamous Baby M case of 1985, shaped American views on surrogacy in a negative way. Most people became acquainted with the concept of surrogacy through the case of a surrogate who changed her mind. While the case of Baby M recounts a traditional surrogacy, when the child bears genetic relation to the surrogate, most surrogacies that take place today are gestational surrogacies. Most people with knowledge of surrogacy agree that the law needs to change.

Will New York allow compensated surrogacy in the future?

Earlier this year New York Governor Andrew Cuomo introduced a bill called the “Child-Parent Security Act” that would lift New York’s ban on compensated surrogacy. The bill was passed in the New York Assembly and now awaits approval from the Judiciary Committee.

Conclusion

Although compensated surrogacy contracts may soon be legal in New York, it is not a great idea to pursue surrogate status as a resident of the state. Unfortunately, New York’s laws are too restrictive and do not offer surrogates or intended parent’s legal protection in the same way that other states do.