New York, NY
Location checked Gestational-carrier servicesCDC 2022: 1,022 ART cycles
Google Business Profile 4.5/5 as of May 30, 2026 · 3 references checked.
State law route
New York surrogacy laws and planning route
New York law permits gestational surrogacy (NY Family Court Act §§ 581-203, 581-401, 581-406).... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
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.
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 summaryClinic 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 requirementsPatriot 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 teamBefore 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
- Kathleen A. DeLisle, Esq. The Fertility Law Center P.C. https://www.fertilitylawcenter.com
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.
SourceKathleen 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.
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.
24 New York clinic profiles
New York, NY
Location checked Gestational-carrier servicesSART memberCDC 2022: 3,436 ART cycles
Google Business Profile 4.4/5 as of May 30, 2026 · 3 references checked.
New York, NY
Location checked Gestational-carrier servicesSART memberCDC 2022: 1,231 ART cycles
Google Business Profile 4.4/5 as of May 30, 2026 · 3 references checked.
Location checked Gestational-carrier servicesSART memberCDC 2022: 5,117 ART cycles
Google Business Profile 4.3/5 as of May 30, 2026 · 3 references checked.
New York, NY
Location checked Gestational-carrier servicesSART memberCDC 2022: 2,176 ART cycles
Google Business Profile 4.1/5 as of May 30, 2026 · 3 references checked.
Melville, NY · Long Island
Location checked Gestational-carrier servicesSART memberCDC 2022: 2,242 ART cycles
Google Business Profile 3.8/5 as of May 30, 2026 · 3 references checked.
Showing 1–6 of 24 published New York clinic profiles, ordered by how complete each public record is.
Atlas clinic facts reviewed June 2, 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.
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.
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.
Become a SurrogateLearn + 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.
State law route
New York surrogacy laws and planning route
New York law permits gestational surrogacy (NY Family Court Act §§ 581-203, 581-401, 581-406).... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
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.
State snapshot
- 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
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 summaryClinic 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 requirementsPatriot 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 teamBefore 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
- Kathleen A. DeLisle, Esq. The Fertility Law Center P.C. https://www.fertilitylawcenter.com
Primary source
New York source used for this summary
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.
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.
24
New York clinic profiles
Kofinas Fertility Group
New York, NY
Location checked Gestational-carrier servicesCDC 2022: 1,022 ART cycles
Google Business Profile 4.5/5 as of May 30, 2026 · 3 references checked.
Columbia University Fertility Center
New York, NY
Location checked Gestational-carrier servicesSART memberCDC 2022: 3,436 ART cycles
Google Business Profile 4.4/5 as of May 30, 2026 · 3 references checked.
Extend Fertility
New York, NY
Location checked Gestational-carrier servicesSART memberCDC 2022: 1,231 ART cycles
Google Business Profile 4.4/5 as of May 30, 2026 · 3 references checked.
Location checked Gestational-carrier servicesSART memberCDC 2022: 5,117 ART cycles
Google Business Profile 4.3/5 as of May 30, 2026 · 3 references checked.
CCRM New York
New York, NY
Location checked Gestational-carrier servicesSART memberCDC 2022: 2,176 ART cycles
Google Business Profile 4.1/5 as of May 30, 2026 · 3 references checked.
RMA of New York - Long Island IVF
Melville, NY · Long Island
Location checked Gestational-carrier servicesSART memberCDC 2022: 2,242 ART cycles
Google Business Profile 3.8/5 as of May 30, 2026 · 3 references checked.
Showing 1–6 of 24 published New York clinic profiles, ordered by how complete each public record is.
Atlas clinic facts reviewed June 2, 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.
Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
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.