An introduction to the laws of Assisted Reproductive Technology (ART) in the State of New York

Generally, is New York friendly to ART? New York is friendly to ART.

Is New York friendly to non-married couples? New York is friendly to non-married couples.

Is New York friendly to LGBT families? New York is friendly to LGBT families.

Is New York friendly to a single intended parent? New York is friendly to single intended parents.

Are there statutes in place for surrogacy?  New York has statutes for surrogacy.

Does New York have an embryo donation statute? New York has statutes for embryo donation.

Does New York have an egg donation statute? New York has statutes for egg donation.

Is gestational surrogacy (third party gamete use) permitted? Gestational surrogacy is permitted in New York.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Traditional surrogacy is NOT permitted in New York.

Is compensated surrogacy allowed by statute?  Compensated surrogacy is allowed by statute in New York.

Is un-compensated (expense reimbursement only) surrogacy allowed by statute?  Un-compensated surrogacy is allowed by statute in New York.

Are surrogacy agreements enforceable, void or prohibited? Surrogacy agreements are enforceable in New York.

Do both Intended Parents both have to be genetically related to the child? New York does not require both intended parents to be genetically related to the child.

Does New York require at least one Intended Parent to be genetically related to the child? New York does not require at least one Intended Parent to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child? A single intended parents does not have to be genetically related to the child in New York.

Do the Intended Parents have to be married? Intended Parents do not have to be married in New York.

Do two Intended Parents have to be opposite gender? Two intended parents do not have to be opposite gender in New York.

Does New York allow pre-birth parentage orders to be issued for surrogacy? New York allows a pre-birth parentage order for surrogacy.

Does New York only allow a post-birth parentage order to be issued? New York allows a post-birth parentage order.

Can you obtain both a pre and post birth order in New York for the same child? It is unknown if New York will allow a party to obtain both a pre and post birth order for the same child.

Can you obtain a parentage order if only the carrier resides in New York? A parentage order can be obtained in New York if the carrier resides in New York.

Can you obtain a parentage order if only the intended parents reside in New York? A parentage order can be obtained in New York if the intended parents reside in New York.

Can you obtain a parentage order if only the birth occurs in New York? It is not likely that a parentage order can be obtained if only the birth occurs in New York.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in New York? It is not likely that a parentage order can be obtained if only the medical procedures/IVF Clinic is in New York.

What is the basis for venue in New York? In New York, the choice of law is predicated on residency of the Intended Parents or residency of surrogacy or the county where baby is born. NOTE: Our statute allows for filing in NY Supreme Court or Family Court or Surrogates Court.

Do results vary by venue? It is possible for the results to vary by venue in New York.

Is a hearing required for a parentage order? It is not likely that a hearing will be required in New York.

Does New York have a passport office? New York does have a passport office.

How long does it take to obtain a birth certificate? It takes at least a month to obtain a birth certificate in New York.

Will your vital records honor a parentage order from another state? Yes, New York vital records will honor a parentage order from another state.

Does your vital records office require a parentage order from another state to be registered? No, the New York vital records office does not require a parentage order from another state to be registered.

How does the birth certificate list same-sex parents? A New York birth certificate puts the actual names of the parents.

Can the birth certificate be amended to include only the biological parent or both intended parents? A New York birth certificate can be amended to include only the biological parent or both intended parents.

Do your amended birth certificates say “amended” on them? A New York amended birth certificate does not say “amended”.

Can intended parents in a surrogacy obtain an adoption order? Yes, intended parents in a surrogacy can obtain an adoption order.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of New York should not rely exclusively on these printed responses.  All these issues should be discussed with a New York ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.