What you should know about, Surrogacy in New York.

January 10, 2024

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Many couples and individuals aspire to start and grow families, but for a variety of reasons—including infertility and medical conditions—natural conception can seem challenging. Thanks to developments in assisted reproductive technologies and fertility, intended parents can now successfully conceive through surrogacy. However, there are a few complex laws and regulations surrounding surrogacy, which makes it challenging to pursue the procedure domestically and necessitates travel abroad. Even so, opting for Surrogacy in New York might be the easiest and most convenient thing you’ve ever done.

The Child-Parent Security Act, which was passed in April 2020, made surrogacy in New York a lawful and binding procedure for both intended parents and surrogates. The Child-Parent Security Act is a state law in New York that permits gestational surrogacy and gives parents who use assisted reproductive technology (ART) to become parents an easy way to establish legal parental rights. Anybody, regardless of age, sexual orientation, or background, can expand their family through surrogacy in New York.

In this blog, we will guide you through everything that you must know about surrogacy in New York.

Surrogacy process in New York

Surrogacy laws in New York?

Surrogacy cost in New York

Advantages of opting for surrogacy in New York

Finding a surrogate in New York

FAQs about surrogacy in New York

Surrogacy process in New York

Before you meet your intended parents and deliver their child, there are a lot of things in your surrogacy journey. At Global Star Surrogacy, our knowledgeable staff will be at your side every step of the way. It is crucial that you comprehend and get ready for each of these steps.

Eligibility: Gestational carriers and prospective parents must fulfill specific requirements. In general, single people or couples—including same-sex couples—can be designated parents. Typically, gestational carriers must have experienced at least one pregnancy and delivery that went well.
Consultation: After you’ve made the decision to use a surrogate, the intended parent and surrogate first speak with a fertility center or specialist to learn about their options and to discuss the legal and medical rights associated with the process.
Matching and screening: Certain tests and screenings are conducted to make sure that there won’t be any issues during the pregnancy that the intended parents are able to participate in surrogacy and that the surrogate is both physically and psychologically prepared to become pregnant. After screening both the parties are matched based on their unique condition.
Legal Agreement: All parties involved, including the intended parents, surrogate mother, egg donor, and sperm donor, enter into legal contracts that outline their responsibilities, rights, and other details.
Embryo transfer: After the sperm and egg are fertilized in a lab, the developed embryo is given to the surrogate mother.
Pregnancy: The pregnancy journey starts after pregnancy is achieved and the surrogate and intended parent go to appointments together.
Delivery and parental rights: After the delivery of the baby, the custody of the baby and everything is handed over to the intended parent as they are the legal parents.

All these are the steps you must follow when considering surrogacy and starting your parenthood journey.

Surrogacy laws in New York

As was previously mentioned, surrogacy regulations have recently been updated in New York. Commencing on February 15, 2021, the recently enacted statute pertaining to gestational surrogacy will officially legalize commercial surrogacy for the first time. It repeals the state statute that declared paid surrogacy agreements unenforceable and illegitimate in New York.

Let us look through what the new law states.

What intended parents must know about the new law in New York

From the moment of birth, parents who conceive using third-party reproduction will have a safe and legal relationship with their child.
Legalizing commercial surrogacy.
A more straightforward procedure for non-biological parents to obtain parenthood
Removing legal ambiguity for intended mothers who are single and utilize sperm donors

What surrogates in New York must know about the new law?

All decisions pertaining to their welfare and health, including terminating the pregnancy, will be at the surrogate’s discretion.
Intended parents will cover the cost of surrogates’ own legal representation.
The intended parents will cover the cost of an insurance policy for surrogates.
There will be life insurance and counseling available to surrogate mothers.

Also Read: What is International Surrogacy and what does it mean?

Surrogacy cost in New York

The type of program you choose and whether you require an egg donor will determine how much surrogacy costs in New York.

5 major categories can be used to classify surrogacy costs:

Surrogate payment.
Medical expenses and insurance coverage.
Agency fees
Legal fees
Egg or sperm donation.

The fees for specific agencies will vary, depending on their laws and the service they provide.

To find out the most recent and accurate information on surrogacy costs in New York or anywhere else, it is imperative to conduct research and speak with experts in the field. Legal factors, such as surrogacy regulations, can differ from state to state, so it’s critical to be informed and collaborate with seasoned industry experts.

All you need to know: How much does Surrogacy cost?

Advantages of opting for surrogacy in New York

One of the best surrogacy services is provided by New York Surrogacy, along with a host of other advantages that the general public is unaware of. Let’s examine the various benefits that this nation provides to surrogacy programs for intended parents from overseas.

Legal Framework: New York has enjoyed more benevolent legal surrogacy conditions than certain other US states.
Advanced medical facilities: New York has a large number of top-notch hospitals and reproductive clinics and advanced and successful in-vitro fertilization-based fertility clinics.
Variety of Surrogacy Choices: Traditional and gestational surrogacy are both allowed in New York.
Professional Services: New York has a well-established network of experts and professionals experienced in surrogacy arrangements, including fertility clinics, legal experts, and surrogacy agencies.
An extensive range of accessibility for egg donors and surrogate mothers: Many women are willing to help and support intended parents to conceive a healthy child.
Success rates: The success rates of surrogacy programs are higher.
Laws and regulations: Proper laws and regulations governing surrogacy also ensure that the child born through surrogacy becomes a citizen of the nation without any further complications.
Availability for intended parent: Surrogacy programs are available for everyone who wishes to conceive irrespective of marital status and sexual orientation.

Finding a surrogate in New York

Matching with a surrogate is a thrilling step on your path to parenthood. Intended parents must look out for certain things when looking for a surrogate. Such as;

Level of communication they would like to have with their surrogate
Where the surrogate mother is located
What kind of relationship do they want to maintain with the surrogate
What do you expect from your surrogacy journey?

The requirements of becoming a surrogate are as follows, the requirements may vary depending on the agencies you are going to work with. These are the general requirements that are considered

You have to be in the age range of 21 to 40.
Both your physical and mental well-being should be excellent.
It might be necessary for you to have had one or more healthy pregnancies and deliveries.
For surrogates to carry a child to term for the intended parents, they must all have a healthy body mass index (BMI).

Also Read: BMI requirements for Surrogate Mothers and Egg Donors

FAQs about surrogacy in New York

Who in New York may serve as a surrogate?
The eligibility requirements for gestational surrogates are generally outlined by law. They must have undergone a thorough medical and mental health evaluation, be at least 21 years old, and have given birth to at least one child in the past.

In New York, can same-sex couples opt for surrogacy?
It is true that all intended parents, including LGBTQ couples, and people who are experiencing infertility problems, everyone regardless of sexual orientation, can use surrogacy in New York.

Is surrogacy permitted in New York?
Yes, As long as they fulfill the legal requirements, intended parents, gestational carriers, and their spouses are permitted by law to enter into enforceable gestational contracts in New York (more on that below). Although gestational agreements were illegal in New York for a long time, the Child-Parent Security Act of 2020 established new rules and safeguards to ensure that the process is safe for all parties.

Is traditional surrogacy legal in New York?
Traditional surrogacy laws in New York are intricate. Only gestational surrogacy agreements are protected by the Child-Parent Security Act; traditional surrogacy is only permitted in charitable situations in which a surrogate does not get payment.

Does pursuing surrogacy in New York require intended parents to be residents of the state?
No, in order to pursue surrogacy in New York, intended parents are not required to be locals. They may be foreign nationals or from anywhere in the United States.

Does New York have any age restrictions on intended parents?
In New York, there are typically no age limitations for intended parents. Reproductive clinics, however, might have their own policies.

What is the duration of the surrogacy procedure in New York?
The duration of the surrogacy process can vary, but it typically takes between 12 and 18 months from the beginning of the surrogate match to the child’s birth.

Conclusion

For many years, straight and LGBTQ+ singles and couples in New York have benefited from surrogacy and egg donation as they began their families. In New York, prospective parents can have a safe pregnancy. Working with a respectable surrogacy agency such as Global Star Surrogacy is essential as we can help you through the process and make sure all legal and medical requirements are fulfilled. Additionally, with high success rates, our surrogacy programs are made to meet your hopes and dreams and enable you to welcome your baby as soon as possible through simple, stress-free procedures.