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Surrogacy in New York

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If first-line fertility treatments have not been successful, some women turn to surrogacy as a way to build their family. Surrogacy can be an option for women with abnormalities of the uterus, recurrent miscarriages, or who may have difficulty carrying a pregnancy to term.

In surrogacy, a woman called a surrogate carries a child for another woman or a couple. You can choose a traditional surrogate or a gestational surrogate. A traditional surrogate is inseminated with sperm, which can come from the male partner or a donor. Because her own eggs are used in the conception, the child is biologically related to the surrogate. A gestational surrogate is implanted with an embryo, which can come from the couple or donors. Her eggs are not used, so the child is not related to her biologically.

Surrogacy Laws in New York

In New York, surrogacy agreements are considered against public policy and are void and unenforceable.

This information is found in Article 8 of the New York Domestic Relation Law. It further specifies that monetary exchanges that exceed medical bills or hospital stays are not allowed. Anyone found to be involved in a surrogacy agreement is punishable with up to a $500 fine. For those found responsible for arranging the agreements, the fines grow to up to $10,000.

Surrogacy agreements for monetary gain are against public policy, but New York courts have ruled in favor of intended parents of children born through surrogacy. The 1994 case McDonald v. McDonald ruled that an intended mother of a child born through gestational surrogacy was to be considered that child’s natural parent.

Albany Surrogacy Agencies

Surrogacy agencies match together prospective parents and surrogates. While surrogacy agencies vary depending on their requirements, most require strict psychological and physical screening before the surrogacy process begins.

While there are no surrogacy agencies located directly in Albany, the following agencies work with New York residents:

  • Growing Generations
  • Northeast Assisted Fertility Group

Many couples prefer to work directly with a fertility clinic for their surrogacy needs, since everything is handled in one location, from the original diagnosis to the surrogacy screening, and the actual process to the follow up. In Albany, the CNY Fertility Center works with surrogates.