New York's Child-Parent Security Act expressly authorizes compensated gestational-surrogacy agreements and a pre-birth parentage judgment. It does not require a genetic link and includes a single intended parent, spouses acting together, or adult intimate partners acting together, subject to citizenship or permanent-residence and New York nexus rules.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
Family Court Act §§ 581-401 and 581-403 authorize a compensated agreement when the carrier does not contribute the egg and the parties complete independent New York legal representation, screening, insurance, escrow, and signing formalities before medication or procedures. Compensation must be reasonable, negotiated in good faith, and may not be conditioned on a child's traits or treated as payment for a child or gametes.
An intended parent may be an adult individual, adult spouses together, or adult intimate partners together; at least one must be a U.S. citizen or lawful permanent resident, and genetics are not required. The residency rules depend on the carrier's New York residence: if the carrier lacks the statutory six-month residence, at least one intended parent must satisfy the six-month New York requirement.
After pregnancy is achieved, an intended parent may seek a judgment under Family Court Act § 581-203. The judgment may be issued before birth and takes effect at birth, declaring intended-parent status and directing the birth record without a genetic-link requirement.
Before matching, identify the qualifying citizen or permanent-resident intended parent and which party supplies the required six-month New York residence.
The carrier and intended-parent side need independent New York representation from the agreement's initiation through the required period, not only at signature.
Complete the statutory insurance review and place required compensation and expense funds with an independent escrow agent before medication or procedures begin.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Engage separate New York ART counsel before matching or medication to verify citizenship, relationship and residency eligibility, arrange screening, insurance and escrow, and sequence the Article 5-C parentage petition.
An intended parent may be an adult individual, adult spouses together, or adult intimate partners together; at least one must be a U.S. citizen or lawful permanent resident, and genetics are not required. The residency rules depend on the carrier's New York residence: if the carrier lacks the statutory six-month residence, at least one intended parent must satisfy the six-month New York requirement.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. Family Court Act §§ 581-401 and 581-403 authorize a compensated agreement when the carrier does not contribute the egg and the parties complete independent New York legal representation, screening, insurance, escrow, and signing formalities before medication or procedures. Compensation must be reasonable, negotiated in good faith, and may not be conditioned on a child's traits or treated as payment for a child or gametes.
After pregnancy is achieved, an intended parent may seek a judgment under Family Court Act § 581-203. The judgment may be issued before birth and takes effect at birth, declaring intended-parent status and directing the birth record without a genetic-link requirement.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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