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State law route

New York surrogacy laws and planning route

Explore surrogacy guidance for New York, find local professionals, and prepare questions for your attorney and care team.

New York surrogacy state illustration
Friendly state posture Last updated October 8, 2025 Organization-reviewed

Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.

NY
New York
Friendly state posture
Legal Status Gestational surrogacy permitted under the New York Child-Parent Security Act and related Family Court Act provisions (including §§ 581-203, 581-401, and 581-406).
Pre-Birth Orders Available
Compensated Surrogacy Permitted
Residency Requirement Required
On this page
What to confirm next

Before acting on New York surrogacy law

Use this page to decide who should own the next step — your attorney, clinic, or coordinator.

Independent reproductive attorney
What must counsel confirm?

Confirm the New York parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.

Read legal summary
Clinic and screening team
What must the clinic confirm?

Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.

Review requirements
Patriot coordination
What should be routed next?

Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the New York route needs a backup jurisdiction.

Talk to our team
Before you proceed
✓ Review New York parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary

The New York law, section by section

Category

Surrogacy-Friendly

Gestational Surrogacy

New York allows gestational surrogacy under the Child-Parent Security Act and related statutes (NY Family Court Act §§ 581-203, 581-401, 581-406).

Traditional Surrogacy

Agreements in which the surrogate is genetically related (“traditional” or “genetic” surrogacy) are prohibited under NY law. Even if uncompensated, such agreements are not enforceable; intended parents can establish parentage via adoption instead.

Pre-Birth Parentage Orders

Courts grant orders of parentage before birth, as long as at least one intended parent is genetically related. These orders only take full effect after the child is born.

Residency Requirement

To use pre-birth orders, either the gestational carrier or one intended parent must have been a NY resident for at least six months at the time the surrogacy agreement is signed.

Venue

Courts consider the county where the intended parents live after agreement, where the carrier lives after the agreement, or where the child is born after birth.

Same-Sex Parents

New York law allows same-sex couples to be listed as “Parent and Parent,” “Mother and Mother,” or “Father and Father” on the birth certificate once parentage is established. There is a 90-day window for filing a second-parent or stepparent adoption following birth in the county where the child is born.

Birth Certificate Timing

Can take up to 6 months in New York City; 3-6 months in upstate or other areas

Overall

New York provides a robust legal framework for gestational surrogacy. Pre-birth parentage orders are available under certain residency conditions. Traditional surrogacy is not permitted. If pursuing a second or step-parent adoption or confirmatory adoption, it is a lengthy process, especially depending on the county. It does have a residency requirement, usually requires a home study, and an in-person hearing.

Legal Resource

Primary source
New York source used for this summary

This summary is based on the primary source listed for New York. Confirm your situation with a reproductive attorney licensed in that state.

Source
Kathleen A. DeLisle, Esq.
Legislation · Accessed May 31, 2026
Partner with our legal network

We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.

✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
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Clinic layer

Fertility clinics in New York

The law sets the parentage route. The clinic sets medical clearance, transfer timing, and monitoring — so both calendars have to be planned together. These are public Atlas profiles, not recommendations.

47 New York clinic profiles

Showing 1–6 of 47 published New York clinic profiles, ordered by how complete each public record is.

Atlas clinic facts reviewed October 29, 2026. Patriot does not rank or endorse clinics — each profile links to its own public sources and a correction path. Confirm screening, transfer timing, and carrier requirements with the clinic directly.

Funds custody

How escrow works in New York

In New York, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.

Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.

✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
See how your law firm uses TrustUS

Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.

Explore more states

Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.

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Need legal guidance?

Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.

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Learn + resources

Planning surrogacy in New York?

Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.

Talk with a reproductive attorney licensed in New York before you act on any detail here.