Yes, surrogacy is legal in New York under the 2020 Child-Parent Security Act (CPSA), which decriminalized compensated gestational surrogacy. The law requires enforceable contracts, mandates court approval pre-birth, and grants intended parents immediate legal parentage. New York’s Department of Health oversees surrogate registry compliance, while the Office of Court Administration monitors judicial oversight for pre-birth orders.
Key Regulations for Surrogacy in New York
- Enforceable Contracts: Surrogacy agreements must be executed before embryo transfer, with terms reviewed by independent legal counsel for all parties. Compensation must align with state guidelines to avoid exploitation risks.
- Pre-Birth Orders: Intended parents must petition a family court for a pre-birth order (PBO) no later than the 12th week of pregnancy, ensuring legal parentage is established prior to birth.
- Health Department Oversight: The NYSDOH maintains a surrogate registry, requiring all parties to register agreements within 30 days of execution. Violations may result in contract nullification or civil penalties.