Understanding Surrogacy in New York

Legal as of February 2021

We’re coming to New York!

As of Feb, 15th, 2021 compensated surrogacy will be legal in New York state, and we have the highlights from the released New York Child-Parent Security Act. Surrogacy is a complicated process between two parties – the surrogate and the intended parent(s) – both of whom benefit from expert advice, separate legal teams, and a deep understanding of the law to benefit both sides.

If you are looking for a surrogate or would like to become a surrogate in New York state, Alcea Surrogacy is one of the few agencies proactively specializing there. Please don’t hesitate to reach out to us with any questions or concerns you may have – we’re here to help!


  • Surrogates and intended parents must have their own attorneys, and the surrogate’s attorney must be paid for by the intended parents
  • Intended parents cannot use the surrogate’s own eggs (known as traditional surrogacy)
  • Embryos can be created from the intended parent’s egg/sperm or donor egg/sperm.
  • The surrogate must be over 21 and a US citizen or legal permanent resident (LPR)
  • If the surrogate is married, her spouse must be a party to the agency agreement (unless separated)
  • A surrogate receiving public assistance is not a bar to surrogacy, but she must be advised on the potential loss of such public benefits
  • Intended parents must be US citizens or legal permanent residents, and one or both must have been a resident of New York for at least six months
  • Intended parents can be a married couple (or separated), an unmarried couple, or an individual
  • The surrogate must undergo a medical screening prior to the embryo transfer
  • The surrogate’s health insurance, pregnancy-related medical and counseling expenses must be covered by the intended parents for one year following the pregnancy
  • Intended parents must purchase a $750,000 life insurance policy for their surrogate
  • Intended parents must have wills in place naming a guardian and directing their executor to carry out their obligations under the surrogacy agreement
  • Surrogate compensation cannot extend beyond eight weeks after the end of the pregnancy
  • Surrogate base compensation and reasonable anticipated expenses must be held with an independent escrow agency prior to the embryo transfer
  • Uncompensated surrogates can waive the payment of life insurance, health insurance, and medical expenses by intended parents
  • The surrogate makes all medical decisions for herself during the pregnancy
  • Pre-birth orders are available, resulting in intended parents being listed on the child’s original birth certificate
  • The surrogate is entitled to “surrogate’s bill of rights” which outlines all protections afforded to a surrogate under NY law