The US Surrogacy Law Map™
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.
New York law permits gestational surrogacy. NY Family Court Act §§ 581-203, 581-401, 581-406.
Can both Intended Parents be declared the legal parents in a pre-birth order, if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order in a compassionate surrogacy case if at least one parent is genetically related to the child?
What are the bases for venue?
Is a hearing required to obtain a pre-birth order?
Is a pre-birth order possible in New York based on a Gestational Carrier’s plan to deliver in New York, if no party lives in New York?
Will New York Vital Records honor a parentage order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father only?
Alternatively, can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in New York?
If no, will Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Note: This situation typically arises if the child is born outside the state. The parents then return to New York to obtain a second-parent adoption or stepparent adoption in New York. (It is also relevant for second-parent adoptions if the child was born in NY.)
Will courts in New York grant second-parent adoptions or stepparent adoptions to heterosexual couples living in New York?
Does the couple need to be married?
Will courts in New York grant second-parent adoptions or stepparent adoptions to same-sex couples living in New York?
Does the couple need to be married?
Is there a statute or published case law that addresses a donor’s rights over the resulting eggs, sperm, embryo or child?
If the statute only refers to sperm donors, is there a case law interpreting this statute to provide the same protection in the egg donor context?
The new NY law explicitly does not apply to a woman who uses her own egg to conceive. Traditional Surrogacy (or “genetic surrogacy,” as it is called in NY) agreements are still banned in NY and parties entering into such agreements are subject to both criminal and civil penalties. Non-compensated genetic surrogacy agreements are not enforceable, but parties to such agreement may establish parentage through an adoption (as the genetic surrogate would be treated as the birth mother).
Denise E. Seidelman, Esq.
Bronxville, NY
dseidelman@adoptionlawny.com
www.adoptionlawny.com
(914) 779-1050
Kathleen (“Casey”) Copps DiPaola
Joseph Williams
Albany, New York
kdipaola@theCDSLawFirm.com
jwilliams@theCDSLawFirm.com
www.thecdslawfirm.com
Amy Demma
East Hampton, NY
amy@lawofficesofamydemma.com
(516) 662-7532
Brian Esser
brian@esserlawoffice.com
www.esserlawoffice.com
Victoria T. Ferrara
Fairfield, CT
New York, NY
vferrara@theferraralawgroup.com
www.worldwidesurrogacy.org
Nina E. Rumbold, Esq.
nrumbold@adoptionlawny.com
www.adoptionlawny.com
Elizabeth Swire Falker
New York, NY
Liz@StorkLawyer.com
www.storklawyer.com
(877) 786-7552
Yifat Shaltiel
ys@yslawgroup.com
www.yslawgroup.com
Anthony M. Brown
brown@awclawyer.com
www.timeforfamilies.com
Melissa Brisman
Montvale, NJ
New York, NY
melissab@reproductivelawyer.com
(201) 505-0099
Robin Fleischner
robin@adoptsurrogatelaw.com
Gregory A. Franklin, Esq.
Rochester, New York
GFranklin@afylaw.com
Jennifer P. Maas, PLLC
New York, NY
Islandia, NY
www.jpmfertilitylaw.com
jennifer@JPMfertilitylaw.com
John Weltman
jweltman@weltmanlaw.com
www.weltmanlaw.com
617-439-9600
Janene Oleaga, Esq.
Huntington, New York
Portland, Maine
janene@mainereproductionlawyer.com
www.mainereproductionlawyer.com
207-200-6780
The Bill of Rights apply to any Person acting as Surrogate in the state of New York, notwithstanding any Surrogacy Agreement, judgment of parentage, memorandum of understanding, verbal agreement or contract to the contrary. Except as otherwise provided by law, any written or verbal agreement purporting to waive or limit any of the rights in the Bill of Rights is void as against public policy. The rights are not exclusive and are in addition to any other rights provided by law, regulation, or a Surrogacy Agreement that meets the requirements of the Bill of Rights.
Health & Welfare Decisions – A gestational Surrogate has the right to make all health and welfare decisions regarding themself and their pregnancy. This includes:
Independent Legal Counsel – A gestational Surrogate has the right to legal counsel of their choice, paid for by the Intended Parents (defined for purposes of this Bill of Rights to include a single legal parent).
Health Insurance & Medical Costs – A gestational Surrogate has the right to a comprehensive health insurance policy that covers preconception care, prenatal care, major medical treatments and hospitalization as well as a Surrogate pregnancy.
Life Insurance – A gestational Surrogate must be provided a life insurance policy that takes effect before starting any medication or any treatment in preparation for the embryo transfer.
Termination of Surrogacy Agreement – A gestational Surrogate has the right to end a Surrogacy Agreement before becoming pregnant by means of Assisted Reproduction.
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Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.