Gestational surrogacy is a type of surrogacy where the surrogate does not provide their own egg for fertilization. Gestational surrogacy provides an opportunity for New Yorkers to become parents despite circumstances in which pregnancy is either biologically not possible or medically contraindicated. Although gestational surrogacy increases opportunities for family building, it also involves medical, psychosocial, fiscal and ethical considerations, as well as legal complexities. These must be carefully considered by the surrogate and intended parent(s) in consultation with other professionals, including their healthcare providers and attorneys.
This fact sheet provides basic information about gestational surrogacy including some facts about:
The Child-Parent Security Act (CPSA) is a law in New York State that legalizes gestational surrogacy and provides a simple path to establish legal parental rights for parents who rely on assisted reproductive technology (ART) to have children.
Vital Records may amend the names of the intended parents on birth records for all of New York State except New York City. It does not have these records for New York City (the boroughs of Manhattan, Kings (Brooklyn), Queens, Bronx, and Richmond (Staten Island)).
New York State is the first state to license gestational surrogacy programs (sometimes called ‘matching programs’). This is an important step in ensuring that gestational surrogacy programs, assisted reproductive technology (ART) service providers, the practice of gestational surrogacy, and egg donation follow regulations that will help ensure the health and safety of the surrogate, the egg donor and the children born under gestational surrogacy agreements. Licensing gestational surrogacy programs through the Department of Health and establishing specific legal protections for gestational surrogates will also help ensure that the surrogacy agreement is ethical and fair to all parties involved. Additional information and resources are provided below about how to apply for a license as a NYS gestational surrogacy program.
Gestational Surrogacy Program Licensure Process. In order to operate a gestational surrogacy program in New York State, a person or entity must be currently licensed by the Department of Health. The link below provides specific information on the requirements for licensure and a link to the electronic application.
Surrogate Registry. Once licensed, gestational surrogacy programs must enroll in the Department of Health’s Surrogacy Registry. The Surrogacy Registry is the central tracking registry of gestational surrogates in New York State. Licensed gestational surrogacy programs will ask the surrogate at the completion of a surrogacy agreement if they would like to participate in the surrogate registry. Participation by a surrogate is voluntary.
Surrogacy Screening Guidelines. NYS Law requires health care providers who provide care to gestational surrogates to follow the Department of Health’s clinical best practices as set by national standards of professional medical organizations such as the American Society of Reproductive Medicine (ASRM) and the American College of Obstetricians and Gynecologists (ACOG).
Gestational Surrogates’ Bill of Rights. NYS Law also requires that providers abide by the New York State Gestational Surrogates’ Bill of Rights and ensure that gestational surrogates receive a copy of the New York State Gestational Surrogates’ Bill of Rights. This document describes the rights gestational surrogates have as they relate to their health and welfare, right to independent counsel, health insurance coverage and reimbursement for related medical costs, life insurance and contract termination protections.
Contact the NYS DOH Gestational Surrogacy Program
Assisted Reproductive Technology Service Provider Registration. New York State regulates Assisted Reproductive Technology Service Providers (ARTSPs) that perform any medical procedures for a gestational surrogacy agreement such as in vitro fertilization (IVF). Oversight includes registration of ARTSPs and requirements to help ensure the health, safety, and informed consent of those who donate their eggs and gestational surrogates. ARTSPs do not need to be licensed as gestational surrogacy programs if they are acting solely as ARTSPs.
The link below will take you to the registration site. Additional documents below provide information about egg donation for those considering donating their eggs and guidelines for ARTSPs.
Ova Donation Registry. Once registered, ARTSPs must enroll in the Department of Health’s Ova Donor Registry. The Ova Donor Registry is the central tracking registry of ova donors in New York State. ARTSPs will ask the donor who is not also the intended parent if they would like to participate in the ova donor registry. Participation by a donor is voluntary.
Ova Donation Fact Sheet. Some women choose to donate their own ova (eggs) to help others conceive. Tissue banks involved in the donation process must be licensed by NYS as tissue banks and comply with specific requirements. The document below is intended for those considering donation. It describes the donation process and some of the things a donor can expect. Some of these (for example, HIV testing) are required by law, while others will depend on the specific egg bank’s policies.
Ova Donation Guidelines. New York State regulates the process of evaluating and selecting ova (egg) donors to ensure the health and safety of both the donor and any recipient. Tissue banks involved in the donation process must be licensed by NYS as tissue banks and comply with specific requirements. In addition to these requirements, the guidelines below describe other factors that tissue banks should consider.