Can You Be a Surrogate in New York?

New York went from banning paid surrogacy to having one of the most protective surrogacy laws in the country. Here's who can be a surrogate there, what the intended parents have to pay for, and what your agreement must guarantee you.

Published October 19, 2026

Yes - compensated gestational surrogacy has been legal in New York since February 15, 2021, under the Child-Parent Security Act, which is part of the state's Family Court Act. New York's law is one of the most protective for surrogates in the country, requiring the intended parents to pay for your own attorney, a comprehensive health insurance policy and a life insurance policy of at least $750,000 (or the most you qualify for) before any medication starts.

For a long time, the honest answer to this question was no. New York treated paid surrogacy agreements as void and against public policy, and women in New York who wanted to carry for someone usually had to look across state lines. That changed when the Child-Parent Security Act took effect. Searches like "surrogacy laws in new york" still bring women to us who aren't sure which version of the rules applies, so here is the current picture in plain language.

Who can be a surrogate in New York

Section 581-402 of the Family Court Act sets out who can enter a surrogacy agreement. When the agreement is signed, you must:

• Be at least 21. That matches ASRM's Ethics Committee, which says carriers should be at least 21. Agencies and clinics set their own upper limit, typically around 42.
• Be a US citizen or lawful permanent resident.
• Meet a residency rule. If neither intended parent has lived in New York for at least six months, you must have lived there for at least six months yourself.
• Not be the egg provider. New York's law is written for gestational surrogacy, where your own eggs aren't used.
• Have completed a medical evaluation with a health care practitioner about the pregnancy, including a review of your medical history.
• Have given informed consent to the medical procedures after a licensed practitioner explains the risks, including multiple births, medication effects, pregnancy complications and psychological risks.
• Have your own attorney, licensed in New York, from the start of the process.

One thing the statute doesn't require is a previous pregnancy. Programs generally do. ASRM says that ideally a carrier has had at least one term, uncomplicated pregnancy, and agencies and clinics generally follow that, along with their own age, BMI (typically under 32, a few programs to 35) and health criteria. Our article on why a prior pregnancy matters explains the reasoning.

What the intended parents have to pay for

This is where New York goes further than most states. Unless you're an uncompensated surrogate who chooses to waive these protections, the law requires:

• Your attorney. The intended parents pay for independent counsel of your choosing, and a separate retainer must make clear that your lawyer represents only you (and your spouse, if you're married), not them.
• Comprehensive health insurance. A policy that takes effect before any medication or embryo transfer treatment and covers preconception, prenatal, major medical, hospital and behavioral health care, through the pregnancy and for 12 months after the birth, a miscarriage, a stillbirth or a termination. The intended parents also cover your out-of-pocket costs, like co-pays and deductibles, for that period.
• Life insurance. A policy with a minimum benefit of $750,000, or the most you qualify for if that's less, in effect before any medication starts and running on the same timeline. You choose the beneficiaries.
• Disability insurance, if you ask for it. On your request, the agreement must provide that the intended parents pay for a disability policy, and you can name the beneficiary.

Our guide to insurance and surrogacy covers how health coverage works in other states, where none of this is guaranteed by statute.

What your agreement has to say

Section 581-403 lists what a New York surrogacy agreement must include. The agreement has to be in writing and signed before you take any medication or begin embryo transfer procedures, with each signature notarized or witnessed by two people who aren't parties. Your spouse signs too, unless you're legally separated or have lived apart for at least three years.

If you're being paid, your base compensation and reasonable expenses have to be placed in escrow with an independent escrow agent before any medical procedure other than the evaluations that determine whether you're eligible. That means the money is set aside before your body is asked to do anything. Our article on how surrogacy escrow works explains the mechanics.

The agreement must also confirm that you keep the right to make all health and welfare decisions about yourself and your pregnancy, including whether to have a cesarean and whether to transfer more than one embryo, and any term that says otherwise is void. You can use a health care practitioner of your choosing, and you keep the right to continue or end a pregnancy and to reduce or keep the number of fetuses or embryos. On your request, the intended parents pay for counseling, including after delivery. The agreement also has to tell you that compensation may affect your eligibility for public benefits, and you must confirm that your attorney gave you a copy of the Surrogate's Bill of Rights.

How this lines up with ASRM

New York's law turns several of ASRM's recommendations into legal requirements. ASRM's Ethics Committee says carriers are the sole source of consent for their own medical care and "cannot be compelled to submit to or decline a procedure regardless of the contract." It says carriers should have access to counseling during and after participation, and that they require independent legal counsel. ASRM's practice guidance strongly recommends single embryo transfer in all gestational carrier cycles and calls for a fully executed agreement before any treatment begins.

On pay, ASRM's Ethics Committee says compensation should be aimed primarily at the time, inconvenience and risk of embryo transfer, pregnancy and delivery, and should not be contingent on the birth of a healthy child. First-time surrogates typically earn $60,000 to $75,000 in total compensation and experienced surrogates $75,000 to $100,000 or more, plus a monthly allowance commonly $250 to $350, with all medical costs covered, depending on the agency and contract.

The Surrogate's Bill of Rights

New York's health department publishes a Gestational Surrogates' Bill of Rights that your attorney gives you before you sign. It summarizes the protections above in one place: your right to make your own health decisions, to independent counsel paid for by the intended parents, to health and life insurance, and to end the agreement before you become pregnant through assisted reproduction. It's short and worth reading before your screening call, so you know which questions to ask.

Recent changes

The legislature amended the act in late 2024, and a follow-up amendment was signed on February 28, 2025 (chapter 98 of the Laws of 2025). Among other things, it restated the insurance requirements, changed how termination of an agreement works after medication has started, and extends the time intended parents have to notify the court after a birth, when a parentage judgment was issued beforehand, from 7 days to 14. Some of those changes phase in over time, so your attorney will work from the current text when drafting your agreement.

Where Borne fits

Our questionnaire asks where you live because state law shapes everything that follows. New York is one of the states we work with, and a couple of states don't allow surrogacy at all. If you're in New York, we'll talk through how its protections work on your screening call, and your partner agency and your own attorney typically handle the agreement, insurance and court steps with you.