Surrogacy has been growing in popularity as a means for couples and single people, known as intended parents, to build their families. Gestational surrogacy (in which the woman who acts as the surrogate has no biological relationship to the child she is pregnant with) has become the norm, although traditional surrogacy agreements, in which the surrogate is the biological mother of the child, are still seen from time to time.

New York prohibits surrogacy agreements where the surrogate has received compensation for her services; however the intended parents can pay the costs of medical procedures and legal services for the surrogate. Compensated surrogacy agreements are permitted in other states, such as Illinois. For that reason many New York families pursuing surrogacy work with surrogates located in other states.

In the process of your surrogacy journey you will assemble a team that will include the surrogate, a fertility clinic, and possibly egg, sperm, or embryo donors, as well as agencies that will help you match with surrogates and donors. Involving a lawyer early in the process will help you locate members of your team, and ensure that they are located in states that are surrogacy friendly – and friendly to your family.

Once the intended parents and the gestational carrier are matched, undergo medical testing, and are fully screened, they enter into an agreement that spells out responsibilities and obligations of each party, as well as their agreements and intentions. A well-drafted agreement defines the financial payments to the carrier, including when and how they are paid, medical bills, and health and life insurance for the carrier. It should also anticipate how the parties plan to address issues such as the potential for a pregnancy that results in multiples and other difficult situations that may arise during the pregnancy.

Brian will also help you obtain a parentage order. The parentage order permits the intended parents to have their names placed directly on the birth certificate. Some states permit the entry of pre-birth orders, others require the intended parents to wait until a few days after the baby is born. In some instances, you may need to complete a second-parent adoption when you return to New York.

  • Brian can help you every step of the way in your journey including:
  • Finding a surrogate, egg, sperm or embryo donor, surrogacy agency, or fertility clinic
  • Assist in screening potential gestational carriers
  • Drafting a gestational carrier agreement
  • Obtaining legal parentage for the intended parents.