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Surrogacy in Brooklyn

Surrogacy is a complex assisted reproductive technology procedure in which one woman, called the surrogate, agrees to bear a child for another woman or a couple—known as the intended parent or parents.

Some women choose surrogacy if they have had their uterus removed or suffer abnormalities of the uterus, have been unable to carry a pregnancy through term and suffered repeated miscarriage, or have certain medical conditions that may make pregnancy dangerous or difficult. Surrogacy is also an option for gay couples looking to build their families.

Surrogacy can either be traditional or gestational. With traditional surrogacy, the surrogate is inseminated with sperm that fertilizes her own eggs, so the resulting child would be a biological relation to her. This can be more complex legally, so many prefer gestational surrogacy. This is a process by which the surrogate is implanted with an embryo, meaning that the child will not be genetically related to her.

What are the Surrogacy Laws in New York?

According to New York law, surrogacy contracts are void and unenforceable, and thus are subject to fines of up to $500 for parties involved in a contract, and up to $10,000 for those responsible for arranging the contract.

It’s important to note that intended parents in the state of New York can only work with a surrogate who lives in a state where surrogacy is allowed. All contracts will be drafted in that state, and parentage will be established there as well.

Finding a Surrogate

There is one fertility clinic in Brooklyn that works with surrogates, the Kofinas Fertility Institute.

Because surrogacy agreements are considered void in the state of New York, it is important to meet with a lawyer who specializes in reproductive technology law. He or she will be able to help you navigate through the process.

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