The Cove state guide
Statutory frameworkNew York permits gestational surrogacy under the Child-Parent Security Act. Detailed agreement requirements and the Surrogate's Bill of Rights protect the parties and support a court judgment of parentage.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
An unmarried adult can qualify as a sole intended parent under New York’s Act. That parent must be a United States citizen or lawful permanent resident; the surrogate or intended parent must meet the six-month New York residence rule. A married person proceeding alone needs one of the statute’s specific separation exceptions.
Sources 13New York expressly allows adult intimate partners to enter a surrogacy agreement together without marrying. At least one must be a United States citizen or lawful permanent resident, and the surrogate or an intended parent must meet the six-month New York residence requirement. The statute does not describe every unrelated co-parenting arrangement as eligible.
Sources 13Two fathers who are spouses or intimate partners can qualify under New York’s gestational-surrogacy framework. Donor eggs do not themselves prevent parentage recognition. At least one intended father must be a United States citizen or lawful permanent resident, and the agreement must meet the residence, independent-counsel, insurance, and other statutory requirements.
Sources 13Two mothers who are spouses or intimate partners can use the gestational-surrogacy framework with a separate carrier. The parentage judgment can address both mothers and donor non-parentage. At least one intended mother must be a United States citizen or lawful permanent resident, and all agreement and residence requirements still apply.
Sources 13Living abroad is not an automatic bar, but at least one intended parent must be a United States citizen or lawful permanent resident. A New York-resident surrogate can satisfy the separate six-month state-residence condition; she cannot replace the intended-parent citizenship or permanent-residence requirement. Immigration, passports, and recognition abroad remain separate questions.
Sources 13How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Eligible intended parents include an unmarried adult, spouses together, or adult intimate partners together. A married adult may proceed without their spouse only under the specified legal-separation or three-year separate-living exceptions. Have counsel check the actual relationship structure rather than assuming any two adults can use one agreement.
The gestational framework requires that the surrogate did not provide the egg, but does not require the intended parents to supply the gametes. A parentage judgment can declare donors non-parents. Proof of donative intent matters because donors without adequate documentation may need to be made parties to the case.
At signing, the surrogate or at least one intended parent must have six months of New York residence. Separately, at least one intended parent must be a United States citizen or lawful permanent resident, and the surrogate must also be a citizen or permanent resident. Meeting one requirement does not waive the other.
The agreement must be signed before medication or procedures for embryo transfer, with separate New York legal counsel. The surrogate and at least one intended parent must each be a United States citizen or lawful permanent resident, and the agreement must meet insurance, disclosure and medical-autonomy requirements.
A proceeding may begin after pregnancy is achieved under §581-203. The petition includes the signed agreement, attorney certifications, voluntary-consent statements, and the six-month residence showing. A qualifying judgment establishes the intended parents’ exclusive parentage at birth.
Reasonable compensation may be negotiated in good faith. Base compensation and reasonably anticipated additional expenses must be placed with an independent escrow agent before covered procedures begin.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
