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Surrogacy in New York City

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With surrogacy, a woman, called a surrogate, carries a child for an individual or a couple.

There are two types of surrogacy: traditional and gestational.. Traditional surrogates are inseminated with sperm, which fertilizes their own eggs. The child that results would then be related biologically to the surrogate. A gestational surrogate is implanted with an embryo, created from the intended parents' egg and sperm and/or donor egg or donor sperm. In this case, the surrogate is not related to the child.

Surrogacy Laws in New York

In the state of New York, surrogacy agreements, referred to as “surrogacy parenting contracts,” are declared contrary to public policy. As a result, surrogacy contracts are considered void and unenforceable.

This law can be found in Article 8 of New York Domestic Relation Law. It also states that no person can pay or accept money in relation to a surrogacy agreement, except for medical fees and hospital expenses.

New York state law also penalizes surrogacy agreements. Those involved in a surrogacy agreement face fines up to $500, while those who arrange or assists in a surrogacy agreement can face fines up to $10,000.

Therefore, intended parents who live in New York may only work with a surrogate who resides in a state where surrogacy is allowed. All contracts will be drafted in the state in which the surrogate lives, and parentage is established in that state as well.

New York Surrogacy Agencies

Surrogacy agencies help to match potential surrogates with intended parents. Before the process can take place, surrogates are usually required to undergo physical and psychological screenings to make sure they are ready for the process.

The following are New York surrogacy agencies:

  • Growing Generations
  • Northeast Assisted Fertility Group

To find out if surrogacy is an option for you to build your family, please talk to a fertility doctor in your area.