Learn About Third-Party Assisted Reproduction & Surrogacy Law in New York
Everything You Need to Know About Fertility Law in New York, Including Surrogacy, Egg Donation, Sperm Donation, and Embryo Donation.
By Alex Monk, Assisted Reproduction Attorney, Klein Fertility Law
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Several Key Legal Requirements for New York Surrogacy
- Only gestational surrogacy is permitted in New York. Traditional surrogacy (where the surrogate uses her own egg) is prohibited.
- A written, executed, and compliant surrogacy agreement must be signed before starting any IVF cycle medications.
- Surrogacy agreements must meet strict requirements under the Child-Parent Security Act (CPSA), including disclosures, decision-making authority, insurance, compensation details, and legal representation for all parties.
- Each party must have independent legal representation by an attorney licensed in New York.
- The surrogate must be at least 21 years old and have previously given birth.
- The surrogate must complete a medical evaluation, a mental health consultation, and receive legal advice.
- If the surrogate is married, spousal consent is not required unless the spouse is a party to the agreement.
- New York allows pre-birth parentage orders, even for intended parents who are not genetically related to the child.
- Intended parents of any sexual orientation, marital status, or gender identity may establish legal parentage in New York.
- Surrogates in New York are entitled to comprehensive health insurance coverage and life insurance, paid for by the intended parents.
- The surrogate must reside in the U.S., and at least one intended parent must be U.S. citizen or permanent residents.
- Either an intended parent or surrogate must reside in New York for at least 6 months prior to entering into a Gestational Surrogacy Agreement.
- For more information, refer to N.Y. Family Court Act § 581-101 et seq. (Child-Parent Security Act).
New York Surrogacy Law: What You Need to Know
New York is one of the most heavily regulated but progressive and surrogacy-friendly states following the passage of the Child-Parent Security Act in 2021. The law ensures protection for surrogates, donors, and intended parents and permits compensated gestational surrogacy.
New York Surrogacy at a Glance | Compensated Surrogacy | Allowed (must comply with CPSA) |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed for both genetic and non-genetic intended parents |
| Gestational Surrogacy | Allowed |
| Traditional Surrogacy | Prohibited |
| Surrogacy Agreement | Must be in writing and must meet strict CPSA compliance. Must be signed in the presence of a Notary Public or witness prior to an embryo transfer procedure |
| Legal Representation | Independent legal representation is required. All attorneys must be licensed in New York |
| Health Insurance for Surrogates | Required (medical, life, and disability insurance must be provided) |
| Eligibility for International Intended Parents | Allowed, if at least one intended parent is a US citizen or US permanent resident. Requires additional steps depending on the laws of their home country |
| Court Involvement | Required for establishing parentage |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate |
| Post-Birth Timeframe to Travel Home | Domestic: Immediately International: Dependent on birth certificate processing times which is 3-6 months |
Establishing Parentage Through Surrogacy in New York
Under the CPSA, parentage can be established before the birth of the child, regardless of genetic connection, marital status, or gender. A court order affirms the intended parents as the child’s legal parents. This pre-birth parentage process ensures legal clarity at the moment of birth and avoids the need for adoption or second-parent adoption proceedings.
The Role of Surrogacy Attorneys in New York
Surrogacy attorneys in New York are essential advocates for all parties involved. They ensure compliance with the CPSA, provide legal counsel, draft, negotiate and finalize the required surrogacy agreements, and handle the court process for establishing parentage. At Klein Fertility Law, we offer full-service legal guidance throughout the New York surrogacy journey.
Egg, Sperm, and Embryo Donation Law in New York
In New York, egg, sperm and embryo donation is legal and recognized, provided certain steps are followed. Importantly, donors do not have parental rights if proper documentation is in place. Donor agreements must:
- Be in writing;
- Clearly state the donor’s intent not to be a parent;
- Be signed before donation (strongly recommended based on laws surrounding informed consent, though not strictly required under law);
- Be executed with legal counsel for both the intended parents and the donor (strongly recommended, though not strictly required under law).
New York law respects unknown, known, open and semi-open donations, and the CPSA ensures that intended parents can establish legal parentage regardless of genetic connection. The state also supports transparency for donor-conceived persons, aligning with ethical guidelines.
The Role of Assisted Reproduction Attorneys in Egg, Sperm, and Embryo Donation
An assisted reproduction attorney plays a crucial role in simplifying the egg, sperm, and embryo donation processes in New York. They provide expert guidance in drafting legally sound contracts, ensuring that the rights and obligations of all parties involved are clearly defined and protected under New York law.
Learn More About Genetic Law in California
Same-Sex and LGBTQ+ Assisted Reproductive Law in New York
New York law ensures that same-sex and LGBTQ+ individuals have the same rights and protections under New York surrogacy and genetic donation law as heterosexual couples and individuals.
Key aspects of LGBTQ+ reproductive law in New York include:
New York Reproductive Law FAQ
Surrogacy attorneys like those at Klein Fertility Law establish and protect the rights of all parties involved in the family-building process in New York. We ensure legal compliance with New York law, manage trust accounts, and advocate for you.
About Klein Fertility Law
Klein Fertility Law has been representing clients in assisted reproduction law matters since 1987. During that time, our firm has witnessed the rapid advancement of medical technology and the steady acknowledgement of the need for this legal service by courts and legislatures throughout the United States, including New York. Now a nationwide law firm, every year, Klein Fertility Law represents thousands intended parents, surrogates, as well as recipients and donors of eggs, sperm, and embryos.
We are uniquely positioned to handle any third-party assisted reproduction matter throughout the U.S., including New York, and we are proud to assist with the creation of loving, happy families. We assist clients from all over the world, regardless of background, relationship status, sexual orientation, or citizenship. From our infancy in 1987 to today, we have matured into an experienced industry leader in fertility law, and we are here to help you grow your family in New York.
Klein Fertility Law is a trusted source for comprehensive guidance on reproductive law in New York. Our practice is dedicated to helping individuals and couples navigate the intricate legal landscape of family-building through surrogacy, egg donation, sperm donation, and embryo donation in New York.
Reproductive law encompasses a wide spectrum of legal considerations, with surrogacy being a prominent focus in New York. While our primary emphasis is on surrogacy, we also specialize in providing expert legal counsel for all facets of fertility law, including genetic donation in New York.
Choose Klein Fertility Law as Your Reproductive Lawyer in New York
When it comes to navigating the complexities of third-party assisted reproduction law in New York, Klein Fertility Law stands as your trusted partner. With a deep understanding of surrogacy, genetic donation, and LGBTQ+ family-building in New York, our experienced attorneys ensure that your journey is legally sound, transparent, and fully protective of your rights and interests under New York law.
Our commitment to inclusivity, legal expertise, and personalized support makes us the top choice for individuals and couples seeking to expand their families through assisted reproduction in New York. Contact us today to embark on your path to parenthood.