Surrogacy & Assisted Reproduction Attorney in Buffalo & Williamsville, NY
New York now permits compensated gestational surrogacy under the Child-Parent Security Act. Whether you are an intended parent, a gestational surrogate, or a donor, the law requires careful contracts and a clear path to legal parentage. We guide families through every step.
New York’s Child-Parent Security Act (CPSA)
For decades, paid surrogacy contracts were unenforceable in New York. That changed on February 15, 2021, when the Child-Parent Security Act took effect, making New York one of the most surrogacy-friendly states. The CPSA legalized enforceable compensated gestational surrogacy agreements, created the nation’s first Surrogates’ Bill of Rights, and established a streamlined court process for establishing parentage (Family Court Act Article 5-C).
The CPSA applies to gestational surrogacy, where the person carrying the pregnancy is not genetically related to the child. Genetic (“traditional”) surrogacy is treated differently and is not granted the same enforceable-contract status, so the structure of your arrangement matters a great deal.
Gestational Surrogacy Agreements & the Surrogates’ Bill of Rights
A valid New York surrogacy agreement must meet strict requirements designed to protect everyone involved:
- Independent counsel for each side. The person acting as surrogate must have her own attorney, paid for by the intended parents.
- Surrogate eligibility. She must be at least 21, and a U.S. citizen or lawful permanent resident.
- Residency. The surrogate or at least one intended parent must have been a New York resident for at least six months, and at least one intended parent must be a U.S. citizen or lawful permanent resident.
- Health and life insurance for the surrogate, and funds held in escrow.
- The Surrogates’ Bill of Rights — including the right to make her own health and welfare decisions during pregnancy and the right to end the agreement before becoming pregnant.
These protections are not optional. An agreement that fails to follow the statute may not be enforceable.
Establishing Legal Parentage (Judgments of Parentage)
When the CPSA requirements are met, the intended parents are the child’s legal parents by operation of law. A judgment of parentage confirms that status — and it can be obtained before the birth, so the child’s birth certificate names the intended parents from day one.
A confirmatory judgment is especially valuable when a family travels or moves to a state that does not automatically recognize their parentage. We prepare and file the parentage petition so your rights are secure and documented.
Donor Agreements & Second-Parent Adoption
Building a family through assisted reproduction often involves egg, sperm, or embryo donors. Clear donor agreements confirm that a known donor is not a legal parent and has no parental rights or obligations.
For some families — particularly where one partner has no genetic or gestational connection to the child — a confirmatory or second-parent adoption remains the gold standard, because an adoption decree is entitled to full faith and credit and is recognized in every state. We help you choose the combination of tools that gives your family the strongest protection.
Frequently Asked Questions
Is paid surrogacy legal in New York?
Yes. Since February 15, 2021, the Child-Parent Security Act has permitted enforceable compensated gestational surrogacy agreements in New York. The law applies to gestational surrogacy, where the surrogate is not genetically related to the child.
Who can be a gestational surrogate in New York?
Among other requirements, the person acting as surrogate must be at least 21 years old and a U.S. citizen or lawful permanent resident, must have her own independent attorney (paid by the intended parents), and must be provided health and life insurance. Residency requirements also apply to at least one party.
Do intended parents have to adopt their own child?
Generally no. Under the CPSA, intended parents who meet the requirements are the legal parents by operation of law, confirmed by a judgment of parentage rather than an adoption. In some situations a confirmatory or second-parent adoption is still advisable for nationwide recognition.
What is the Surrogates' Bill of Rights?
It is a set of legal protections, the first of its kind in the country, guaranteeing a surrogate rights such as her own legal counsel, health and life insurance, the right to make her own medical and welfare decisions during the pregnancy, and the right to end the agreement before she becomes pregnant.
Can we get a judgment of parentage before the baby is born?
Yes. When the statutory requirements are met, a judgment of parentage can be obtained before birth, so the intended parents are recognized as the child's legal parents and named on the birth certificate from the start.
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