Governor Cuomo Announces Gestational Surrogacy Now Legal in New York State

Gestational surrogacy is now legal in New York State. Gestational surrogacy was previously illegal there, making surrogacy agreements unenforceable. The new law allows gestational surrogacy on a commercial basis, involving a surrogate who is not genetically related to the embryo. An egg is removed from the genetic donor (either the intended parent who has viable eggs, but who will not be carrying the pregnancy or a donor), fertilized with sperm and then transferred to a surrogate — in contrast to so-called traditional surrogacy that involves an egg from the surrogate. The gestational option is welcomed by many LGBTQ people who want to be parents, as well as by couples struggling with infertility.


The new legislation creates a surrogate bill of rights, providing the nation’s strongest protections for women serving as surrogates. Among the provisions: the right to independent legal representation, a guarantee of comprehensive medical coverage, and the right to make their own health care decisions, including whether to terminate or continue a pregnancy. A streamlined process has also been created for adoptions under these circumstances. Read the article here.


Both traditional and gestational surrogacy are completely legal in Oregon and compensation is allowed.