Gestational surrogacy now legal in NYS

Feb 17, 2021

New York's Child-Parent Security Act is now in effect, helping LGBTQ and other couples struggling with fertility start families, according to Gov. Andrew Cuomo.

Prior to this, gestational surrogacy was illegal in the state and surrogacy agreements were considered unenforceable. The law, passed in June 2019, creates legal criteria for such agreements and a Surrogates Bill of Rights. It also streamlines the "Second Parent Adoption" process -- for establishing parenthood when one of the individuals is a non-biological parent -- with a single visit to court while the child is in utero.

"With this law now in effect, no longer will anyone will be blocked from the joys of starting a family and raising children simply because of who they are," said Cuomo.

State Sen. Brad Hoylman (second from right) had two daughters born through surrogacy with his husband.
Credit Brad Hoylman / Twitter

"My husband and I had our two daughters through surrogacy—but we had to travel 3,000 miles to do it because our home state had banned the practice," said state Sen. Brad Hoylman of Manhattan, who chairs the Committee on Judiciary. "This legislation sets a new gold standard for surrogacy, providing women acting as surrogates with the strongest legal and health protections in the nation while also protecting intended parents and egg donors."

"I had fertility issues when I attempted to get pregnant with my second child, so I am well aware of the pain and suffering that is attached to wanting a child," said Assemblymember Amy Paulin of Scarsdale. "This law will allow families to avoid much of that pain by giving them the opportunity to have a family in New York and not travel around the country, incurring exorbitant costs simply because they want to be parents."

"Today we believe that New York leapfrogged to have the most comprehensive and ethical surrogacy laws ever drafted, with extensive protections to all involved, legal clarity and a streamlined process for parentage rights, and attention to long term physical and mental health outcomes," said Men Having Babies Executive Director Ron Poole-Dayan.