A Guide to Surrogacy in New York

Step 1: Make Sure You Meet the Requirements to Become a Surrogate in New York

To be a surrogate in New York, you should:

• Be between 21 and 43 years old
• Have a body mass index (BMI) between 18 and 32
• Have a history of full-term, uncomplicated pregnancies
• Have had no more than 5 deliveries or 3 c-sections
• Be a U.S. citizen or legal permanent resident living in New York
• Not smoke or vape or have a history of drug or alcohol abuse
• Not be treated for or on medication for serious depression or anxiety or another psychological disorder
• Be financially stable and not receiving government cash assistance

If you want to know more about whether you would qualify to be a surrogate in New York, take our short quiz or contact us.

Step 2: Educate Yourself about Being a Surrogate in New York

Surrogacy is not a quick and easy process, but it will be one of the most rewarding things you do in your life. There are countless parents (including many New Yorkers) who turn to surrogates each year to build their families because of repeated pregnancy losses, devastating cancer diagnoses, or an inability to have a biological family any other way (i.e., same-sex male couples).

It’s important to understand exactly what to expect from the surrogacy process in New York, from screening to matching to contracts to pregnancy.  You can read more about each step here. If you have specific questions that are not answered on our extensive FAQ page, please reach out to us. An experienced surrogate on our team will clarify things and walk you through the process.

Step 3: Choose a Licensed New York Surrogacy Agency

Surrogates in New York State looking for agency support are required to work with a surrogacy agency or “matching program” licensed by the New York State Department of Health (DOH).  These restrictions ensure that agency policies and procedures are vetted by regulators and that they are operating according to the highest ethics and standards written into New York law. Brownstone Surrogacy is proud to be among the first agencies in the country to receive a governmental license and one of the select few based in New York.

We can match you with intended parents in New York and provide truly local support. We are familiar with New York fertility clinics, doctors, and mental health professionals, and surrogacy lawyers with deep expertise in our state’s laws. Your agency should empower you – not make decisions for you. At Brownstone, we are your trusted advocates and we practice surrogacy the right way.

Step 4: Choose an Experienced New York Surrogacy Lawyer

Once you are matched with intended parents, you will need to select an experienced surrogacy lawyer to form a contract. Our New York-based, attorney-led agency stands ready to refer you to the best surrogacy lawyers in the Empire State.

At Brownstone, we are attuned to the details of New York’s surrogacy law – the Child-Parent Security Act – and make sure you know your rights.  As a surrogate in New York, you are entitled to all of the rights in the Surrogate’s Bill of Rights.  That includes:

• The right to make your own health and welfare decisions
• The right to independent legal counsel paid for by the intended parents
• The right to a comprehensive health insurance plan throughout the pregnancy and during the postpartum period paid for by the intended parents
• The right to psychological counseling paid for by the intended parents
• The right to life insurance providing a benefit of $750,000 paid for by the intended parents

With the right surrogacy agency and surrogacy lawyer in your corner, you’ll always have folks that are advocating for you.