Simple Surrogacy: Now Approved to Practice in New York State

The team at Simple Surrogacy is so excited to be able to work with Surrogates in the State of New York, as we were recently approved for our New York Surrogacy license and are ready to hit the ground running! There is much catching up to do for the Surrogacy community in the Empire State with compensated Gestational Surrogacy only just being legalized this past February.

New York’s history with Surrogacy is a complicated one; even now that the law has opened up to paid Gestational Surrogacy, thanks to the CPSA (Child-Parent Security Act), the state continues to have some of the most stringent laws in place for qualifying agencies. Here’s a quick overview of how the CPSA has opened up Surrogacy option in New York, as well as what restrictions are still in place:

• Married, unmarried, and single Intended Parents can be declared the legal parent of their child
• All parties of a surrogacy agreement in New York must be represented by separate licensed New York State legal counsel
• The CPSA only applies to Gestational Surrogacy; compensated Traditional Surrogacy is still prohibited under New York State law

In order to be a Surrogate in the state of New York, carriers:

• Must be over 21 years old
• Must be a US citizen or lawful permanent resident
• Did not provide the egg to be used in conception (cannot be Traditional Surrogacy)
• Must complete a medical evaluation by a health care practitioner
• Give fully informed consent
• Must be represented by New York legal counsel for the duration of the process
• Have health insurance coverage that begins prior to any medication or treatment in relation to the embryo transfer and continues for the duration of the pregnancy and twelve months after birth
• Have a life insurance policy that goes into effect prior to taking any medication connected to the process
• One of the IPs must reside in New York state, and a Surrogate must be a New York resident of at least 6 months

New York State Intended Parent requirements are as follows:

• At least one IP must be a US citizen or a permanent legal resident
• At least one IP has been a New York State resident for at least six months
• Has been represented by independent legal counsel in negotiating the contract and throughout the duration of the contract

This is not a complete list of requirements and restrictions, but our team is fully prepared to help you navigate the process successfully as either a New York State Surrogate or Intended Parents!