If you are considering surrogacy in New York, it’s important to know who can legally serve as a surrogate. Since 2021, the Child-Parent Security Act (CPSA) has provided a legal framework for gestational surrogacy, making agreements enforceable while outlining protections for everyone involved. The law sets clear qualifications for who can serve as a surrogate so that the process is safe and transparent for both the person carrying the pregnancy and the intended parents.
Requirements to be a Surrogate
To qualify as a surrogate in New York, one must meet certain standards, including:
- Age: A surrogate must be at least 21 years old.
- Residency: A surrogate must be a United States citizen or lawful permanent resident. If neither intended parent has lived in New York for at least six months, then the surrogate must be a New York resident for at least six months before the surrogacy agreement is signed.
- Relation to the child: A surrogate cannot provide the egg used to conceive the child. In New York State, traditional surrogacy, where the surrogate provides the egg, is not legal.
- Medical requirements: Before moving forward, a surrogate must undergo a thorough medical evaluation with a qualified health care practitioner. This includes a review of her medical history to confirm she can safely carry a pregnancy without risks to herself or the embryo.
- Informed consent: A surrogate must provide informed consent. That means she agrees to participate voluntarily, with full understanding of the medical and psychological risks involved, and the personal and emotional impact of surrogacy. A health care practitioner must explain these risks before consent is given.
- Legal representation: Asurrogate is required to retain her own attorney, licensed in New York, who represents her interests throughout the process. The intended parents are responsible for paying her legal fees, but the surrogate chooses her own lawyer to ensure she receives independent counsel.
- Insurance requirements: A surrogate must have a comprehensive health insurance policy that covers medical care before, during, and after the pregnancy, and that continues for one year following birth. The intended parents must pay for the insurance, as well as any co-pays or out-of-pocket costs. In addition, they are required to provide a life insurance policy for the surrogate, offering further protection for her and her family.
Why the Standards Matter
By establishing clear medical, legal, and personal requirements, the law protects the rights and interests of both surrogates and intended parents. Intended parents can have confidence that the surrogate meets standards to safely carry the child, while the surrogate can be assured that her health, legal rights, and financial well-being are protected throughout the process.
If you are considering surrogacy in New York, our family law team is here to help you navigate the process. With experience in New York State surrogacy law, our attorneys protect the rights of parents and surrogates alike, guiding each party every step of the way until the day the baby is brought home.