Become a Surrogate in New York: Requirements, Pay and Process

Becoming a surrogate in New York can be a meaningful way to help an individual or couple grow their family while receiving compensation for your own family.

New York permits compensated gestational surrogacy under the Child-Parent Security Act, which took effect on February 15, 2021. The law also provides important protections for surrogates, including independent legal representation, insurance coverage, and control over their own medical decisions. View Reference: New York State Department of Health: Child-Parent Security Act

There are several ways to become a surrogate. You can work with a licensed surrogacy agency, pursue an independent arrangement, or carry a pregnancy for someone you already know.

Many surrogates choose to work with an agency because it can help coordinate screening, matching, medical care, legal agreements, compensation, travel, and communication with intended parents.

This article focuses on becoming a gestational surrogate through a surrogacy agency, using Surrogate Steps’ process and requirements as an example.

Requirements, compensation, and the exact process can vary between agencies and fertility clinics. The information below uses Surrogate Steps’ current standards and compensation structure as a real-world example.

Quick Answer: How Do You Become a Surrogate in New York?

To become a surrogate in New York, you generally need to meet eligibility requirements, complete screening, match with intended parents, and undergo an embryo transfer after the legal agreements are finalized.

The basic process includes five steps:

1. Apply and complete surrogate screening.
2. Match with intended parents.
3. Finalize the gestational carrier agreement with your own attorney.
4. Take fertility medications and undergo an embryo transfer.
5. Carry the pregnancy and deliver the baby.

New York also has specific legal requirements designed to protect surrogates throughout the process.

Each step involves additional medical, legal, and practical details, which we’ll explain below.

Apply to learn more and become a surrogate today!

What Is Gestational Surrogacy?

In gestational surrogacy, a surrogate carries a pregnancy created through in vitro fertilization (IVF). View Reference: IVF

The embryo is created using eggs and sperm from the intended parents or donors. The surrogate does not provide the egg, so she is not the baby’s genetic mother. In most cases, she is also not genetically related to the baby, although an existing biological relationship with an egg or sperm provider can be an exception. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

This is different from traditional surrogacy, in which the person carrying the pregnancy also provides the egg.

New York’s Child-Parent Security Act establishes a legal framework for gestational surrogacy arrangements in which the surrogate is not genetically related to the child. View Reference: New York Family Court Act § 581-402: Eligibility to Enter Surrogacy Agreement

Surrogate Steps works exclusively with gestational surrogacy.

Learn more about gestational surrogacy

What Are the Requirements to Become a Surrogate in New York?

Strict surrogacy requirements are generally established to help protect the health and well-being of the surrogate, pregnancy, and future child.

Requirements can come from several sources:

• New York State law
• The surrogacy agency
• The fertility clinic
• Medical and professional guidelines

For example, New York law requires a gestational surrogate to be at least 21 years old. However, agencies and fertility clinics may establish narrower age ranges and additional screening requirements. View Reference: New York Family Court Act § 581-402: Eligibility to Enter Surrogacy Agreement

Surrogate Steps’ Requirements

At Surrogate Steps, applicants generally must:

• Be 23 to 43 years old
• Have given birth to at least one child without significant pregnancy or delivery complications
• Have had their most recent birth within the past 10 years
• Have a BMI between 18 and 38
• Be in good general and reproductive health
• Have no history of drug or alcohol abuse
• Not currently use tobacco or marijuana
• Have a strong support system
• Be willing to travel
• Not receive Section 8 housing assistance
• Be a U.S. citizen or lawful permanent resident
• Have no felony record, including within the household
• Live in a state where Surrogate Steps can facilitate a surrogacy arrangement, like New York

Applicants must also complete medical, psychological, background, and other required screening.

These are Surrogate Steps’ requirements, not universal New York requirements. Other agencies and fertility clinics may use different standards.

The American Society for Reproductive Medicine (ASRM) recommends that gestational carriers be legal adults, preferably between 21 and 45 years old, have ideally experienced at least one uncomplicated pregnancy, and receive appropriate medical and psychological evaluations. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

See all current surrogate requirements

Are There Special New York Residency Requirements?

Yes. New York law has residency requirements that can affect whether a gestational surrogacy agreement qualifies under the state’s legal framework.

If neither intended parent has lived in New York for at least six months, the surrogate must have been a New York resident for at least six months when the agreement is signed.

The law also requires the surrogate to be a U.S. citizen or lawful permanent resident. View Reference: New York Family Court Act § 581-402: Eligibility to Enter Surrogacy Agreement

Your attorney should review these requirements before you enter into an agreement.

Step 1: Apply and Complete Surrogate Screening

The first step is to apply to become a surrogate.

The initial application generally asks about your age, pregnancy history, health, lifestyle, family situation, and other basic eligibility factors.

If you meet the initial requirements, you may be asked to complete a more detailed application and provide medical records from previous pregnancies.

At Surrogate Steps, the screening process can include:

• Detailed medical and pregnancy history
• Medical-record review
• OB-GYN pregnancy clearance
• Background screening
• Psychological evaluation
• Home study
• Fertility-clinic medical screening

Some screening steps take place before matching, while others, including fertility-clinic testing, may occur after you have matched with intended parents.

Screening helps determine whether you are medically and psychologically prepared for surrogacy.

It also gives you an opportunity to learn about the responsibilities, risks, and commitments involved before moving forward.

ASRM recommends medical evaluation, infectious disease screening, and psychosocial evaluation and counseling for prospective gestational carriers. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

Learn more about the surrogate screening and application process

Step 2: Match With Intended Parents

Once you have completed the initial screening, the next major step is finding intended parents who are a good fit for you.

Matching should be a mutual decision.

You should have the opportunity to review information about potential intended parents, discuss important expectations, and decide whether you feel comfortable moving forward.

A match meeting, often held by video call, allows both sides to get to know each other.

Important topics to discuss may include:

• Communication during pregnancy
• Involvement in prenatal appointments
• Medical preferences and expectations
• Prenatal testing
• Delivery-room preferences
• Travel
• Breast milk
• Contact after delivery
• Compensation and other expectations

It is especially important to discuss medical preferences before agreeing to a match.

New York law protects the surrogate’s right to make decisions about her own health and pregnancy. Intended parents and surrogates should therefore understand each other’s preferences before proceeding. View Reference: New York State Department of Health: Gestational Surrogates' Bill of Rights

At Surrogate Steps, prospective surrogates have a say in who they match with.

You should never feel pressured to accept a match that does not feel right.

Step 3: Finalize the Gestational Carrier Agreement

After you and the intended parents agree to move forward, the legal process begins.

A gestational carrier agreement is a legal contract between the surrogate and intended parents.

It outlines the parties’ rights and responsibilities and addresses important issues such as:

• Compensation and reimbursements
• Medical expenses and insurance
• Escrow arrangements
• Communication expectations
• Pregnancy and delivery plans
• Medical decision-making
• Legal parentage
• Responsibilities before and after delivery

Your Right to an Independent Attorney

New York requires the surrogate and intended parents to have separate, independent attorneys licensed to practice in the state.

In a compensated arrangement, the intended parents must pay for the surrogate’s independent legal representation. View Reference: New York Family Court Act § 581-402: Eligibility to Enter Surrogacy Agreement

Your attorney represents you, not the intended parents.

They should explain the agreement, answer your questions, negotiate terms when necessary, and make sure you understand your rights and responsibilities before signing.

When Must the Agreement Be Signed?

New York requires the surrogacy agreement to be executed before the surrogate begins medication or medical procedures intended to prepare for an embryo transfer.

For compensated arrangements, the required base compensation and reasonably anticipated additional expenses must also be placed in an independent escrow account before medical procedures begin, apart from evaluations needed to determine eligibility. View Reference: New York Family Court Act § 581-403: Requirements of Surrogacy Agreement

These requirements help ensure that the legal and financial arrangements are established before treatment begins.

The Advantage of Working With an Attorney-Led Surrogacy Agency

This is one area where working with Surrogate Steps can be especially valuable.

Our founder and CEO, Yifat Shaltiel, Esq., has specialized in reproductive law since 2010. Her experience, along with our team’s connections to reproductive attorneys, fertility clinics, and other professionals, helps us guide and coordinate the legal process.

You will still have your own independent attorney to review the agreement, answer your legal questions, and advocate for your interests. Meanwhile, Surrogate Steps provides additional guidance, coordination, and support to help the process move forward smoothly.

Step 4: Take Fertility Medications and Undergo an Embryo Transfer

After medical and legal clearance, you can begin the fertility clinic’s treatment protocol.

Fertility medications help prepare your uterus for the embryo transfer. The medications and timing depend on the clinic and your individual treatment plan.

During an embryo transfer, a fertility doctor places an embryo into your uterus.

The embryo was created through IVF using eggs and sperm from the intended parents or donors. Your own eggs are not used.

After the transfer, the clinic will monitor you and perform pregnancy testing to determine whether the procedure resulted in pregnancy.

Not every embryo transfer is successful.

If another attempt is needed, you may undergo another medication cycle and embryo transfer. The specific treatment plan will depend on your fertility clinic and the terms of your agreement.

At Surrogate Steps, surrogates receive qualifying medication-start and embryo-transfer payments even if an embryo transfer does not result in pregnancy.

See our surrogate pay guide for details about embryo-transfer payments

Step 5: Carry the Pregnancy and Deliver the Baby

Once pregnancy is established, you continue with regular prenatal care.

Your OB-GYN or another pregnancy-care provider remains responsible for your medical care.

Your surrogacy agency can help coordinate communication with the intended parents, appointments, travel, reimbursements, and other practical needs.

The intended parents may participate in parts of the pregnancy and delivery, based on your shared expectations.

How Are the Intended Parents Recognized as Legal Parents?

New York allows the intended parents to seek a judgment of parentage after pregnancy is achieved, including before the baby is born.

When the legal requirements are met, the court can issue an order establishing that the intended parents will be the child’s legal parents at birth and that the surrogate and her spouse, if applicable, will not be legal parents. View Reference: New York Family Court Act § 581-203: Judgment of Parentage Following a Surrogacy Agreement

The attorneys generally coordinate this process so the intended parents’ legal relationship with the child is established according to New York law.

After delivery, your recovery and any agreed postpartum support continue according to your medical needs and surrogacy agreement.

How Does New York Surrogacy Law Protect the Surrogate?

New York has a detailed legal framework for gestational surrogacy.

The Child-Parent Security Act legalized compensated gestational surrogacy arrangements that meet the state’s requirements and established a Gestational Surrogates’ Bill of Rights. View Reference: New York State Department of Health: Child-Parent Security Act

Several protections are especially important for anyone considering becoming a surrogate in New York.

Control Over Your Medical Decisions

New York protects your right to make decisions about your own health and pregnancy.

This includes decisions about medical treatment, pregnancy continuation or termination, cesarean delivery, and other reproductive care.

You also have the right to choose your own health care practitioner. A surrogacy agreement cannot override these protected rights. View Reference: New York State Department of Health: Gestational Surrogates' Bill of Rights

Independent Legal Representation

You have the right to an independent attorney of your choosing who is licensed in New York.

For a compensated surrogacy arrangement, the intended parents must pay for this representation.

Health and Life Insurance

New York requires comprehensive health insurance that covers the surrogacy pregnancy and extends for 12 months after delivery or another qualifying end to the pregnancy.

In compensated arrangements, the intended parents are responsible for the required insurance and covered out-of-pocket medical expenses.

The law also requires life insurance with a minimum benefit of $750,000, or the maximum amount the surrogate qualifies for if lower, covering the required period. View Reference: New York Family Court Act § 581-402: Eligibility to Enter Surrogacy Agreement

Financial Protections

When compensation is part of the arrangement, New York requires the base compensation and reasonably anticipated additional expenses to be funded in an independent escrow account before treatment proceeds, apart from eligibility evaluations.

This helps protect the funds needed to meet the financial obligations established in the agreement. View Reference: New York Family Court Act § 581-403: Requirements of Surrogacy Agreement

Licensed Surrogacy Agencies

New York requires gestational surrogacy organizations operating under its licensing framework to be licensed by the Department of Health.

Surrogate Steps is listed as a licensed gestational surrogacy organization by the New York State Department of Health. View Reference: New York State Department of Health: Licensed Gestational Surrogacy Organizations

These protections are among the reasons New York can be a favorable state for gestational surrogacy.

Because individual circumstances matter, your independent attorney should explain how New York law applies to your agreement.

Read our complete New York surrogacy laws guide

How Much Do Surrogates Make in New York?

Surrogate compensation can vary based on previous surrogacy experience, location, current demand, and the details of an individual match.

At Surrogate Steps, surrogates generally receive $50,000–$80,000 or more in pay for a completed surrogacy journey.

That typically includes two main components:

• $45,000–$75,000 pregnancy distribution: The largest portion of pay, distributed in installments during pregnancy, with the final payment made shortly after delivery.
• Roughly $5,000 in additional pay: This commonly comes from the monthly allowance and key milestones, including medical clearance, legal clearance, starting embryo-transfer medications, and completing the embryo transfer.

A first-time surrogate generally starts with a $45,000 pregnancy distribution.

Surrogate Steps typically adds about $5,000 for each prior successful surrogacy journey, although location, demand, and match-specific factors may increase the amount further.

Additional pay may apply for another embryo transfer, twins, a C-section, certain medical procedures, or providing breast milk after delivery.

Surrogates are also reimbursed separately for qualifying expenses and financial losses, such as travel, childcare, medical expenses, and lost wages.

Because reimbursements are separate from surrogate pay, total compensation can be higher than the $50,000–$80,000+ paid directly for the journey.

See our complete surrogate pay and compensation guide for a detailed explanation of payment amounts, timing, benefits, and reimbursements.

What Does a Surrogacy Agency Do for a New York Surrogate?

You can pursue gestational surrogacy without an agency.

However, working with an experienced agency can make the process easier to manage because you are not responsible for coordinating every detail yourself.

A surrogacy agency may help with:

• Initial applications and screening
• Medical-record review
• Matching with intended parents
• Communication and relationship coordination
• Fertility-clinic appointments
• Psychological screening and home studies
• Legal referrals and coordination
• Compensation and escrow administration
• Travel arrangements
• Reimbursements
• Pregnancy and postpartum support

New York’s licensing requirements add another layer of oversight for agencies operating in the state.

At Surrogate Steps, applicants receive assistance throughout the process, from initial screening and matching through pregnancy and delivery.

How Long Does It Take to Become a Surrogate in New York?

There is no fixed timeline for every surrogate.

At Surrogate Steps, the process from application through delivery often takes approximately 12–15 months, although individual circumstances can make it shorter or longer.

The initial application and screening may move relatively quickly.

Matching depends on finding intended parents who are a good fit for you. After matching, additional medical screening, psychological evaluation, legal agreements, and fertility-clinic scheduling must be completed.

The pregnancy itself then takes approximately nine months.

Your timeline may be longer if you need additional testing, another embryo transfer, a rematch, or other services.

Hear From Rebecca: A Surrogate Steps Surrogate

Wondering what it’s really like to be a surrogate?

Hear Rebecca share her experience as a gestational surrogate with Surrogate Steps.

Can You Become a Surrogate in New York City?

Yes. Women living in New York City can apply to become gestational surrogates if they meet the applicable legal, medical, and agency requirements.

The Child-Parent Security Act applies throughout New York State, including all five New York City boroughs:

• Manhattan
• Brooklyn
• Queens
• The Bronx
• Staten Island

Surrogate Steps also accepts qualifying applicants from Long Island, Westchester, the Hudson Valley, and Upstate New York.

Your location may affect which fertility clinic you use, whether travel is required, and certain logistical arrangements.

However, the basic application, screening, matching, legal, and medical process remains similar throughout the state.

Apply to become a surrogate in New York

Frequently Asked Questions About Becoming a Surrogate in New York

How Do I Become a Surrogate Mother in New York?

The process generally involves applying to a surrogacy agency, completing screening, matching with intended parents, signing a gestational carrier agreement, undergoing an embryo transfer, and carrying and delivering the baby.

At Surrogate Steps, you can begin by submitting a surrogate application.

Is Paid Surrogacy Legal in New York?

Yes.

Compensated gestational surrogacy is legal in New York under the Child-Parent Security Act when the applicable requirements are met.

The law also establishes protections for surrogates and a legal process for recognizing intended parents. View Reference: New York State Department of Health: Child-Parent Security Act

How Old Do You Have to Be to Become a Surrogate in New York?

New York law requires gestational surrogates to be at least 21 years old.

However, individual agencies and fertility clinics can have narrower requirements.

At Surrogate Steps, applicants generally must be between 23 and 43 years old.

Do You Have to Have Had a Baby Before Becoming a Surrogate?

At Surrogate Steps, yes.

Applicants must have previously given birth without significant pregnancy or delivery complications.

A prior pregnancy helps medical professionals evaluate your pregnancy history and determine whether another pregnancy may be appropriate.

ASRM also recommends that gestational carriers ideally have experienced at least one uncomplicated, full-term pregnancy. View Reference: ASRM: Recommendations for Practices Using Gestational Carriers

How Much Do Surrogates Get Paid in New York?

At Surrogate Steps, surrogates generally receive $50,000–$80,000+ in pay for a completed journey.

This typically includes a $45,000–$75,000 pregnancy distribution plus roughly $5,000 in expected milestone payments and monthly allowances.

Additional payments and reimbursements can increase total compensation.

Read our full surrogate pay guide.

Can I Choose the Intended Parents?

Yes.

At Surrogate Steps, you have a meaningful role in deciding whom you match with.

You can review information about potential intended parents, meet with them, discuss expectations, and decide whether to proceed.

You should never feel obligated to accept a proposed match.

Do Surrogates Have Their Own Attorney in New York?

Yes.

New York requires independent legal representation for the surrogate and intended parents.

For compensated arrangements, the intended parents must pay for the surrogate’s independent attorney.

Your attorney represents your interests and helps explain and negotiate your gestational carrier agreement.

Who Pays the Surrogate’s Medical Expenses?

In a compensated New York surrogacy arrangement, the intended parents are responsible for the required health insurance and qualifying medical expenses associated with the surrogacy pregnancy.

New York also requires coverage extending for 12 months after delivery or another qualifying end to the pregnancy. View Reference: New York Family Court Act § 581-402: Eligibility to Enter Surrogacy Agreement

What Happens if an Embryo Transfer Does Not Work?

An unsuccessful embryo transfer does not necessarily end the surrogacy arrangement.

Depending on the medical plan and agreement, another embryo transfer may be attempted.

At Surrogate Steps, a surrogate receives $300 for starting qualifying embryo-transfer medications and $1,000 for completing the embryo transfer, even if pregnancy is not achieved.

If another transfer is attempted, the applicable medication-start and embryo-transfer payments may be earned again.

Learn more about compensation for unsuccessful embryo transfers.

Can I Become a Surrogate for Someone I Already Know?

Yes.

You may be able to carry a pregnancy for a friend, family member, or another person you already know.

However, you must still meet the applicable medical and legal requirements.

A properly drafted gestational carrier agreement and independent legal representation remain important, even when everyone involved has an established relationship.

Can I Become a Surrogate Without an Agency?

Yes.

Some people pursue independent gestational surrogacy arrangements.

However, New York’s requirements for medical screening, legal agreements, insurance, financial protections, and legal parentage still need to be addressed.

If you choose to work with a surrogacy agency, New York requires covered gestational surrogacy organizations to be appropriately licensed.

The Bottom Line: How to Become a Surrogate in New York

Becoming a surrogate in New York involves medical screening, matching with intended parents, legal agreements, fertility treatment, pregnancy, and delivery.

New York’s Child-Parent Security Act provides important protections for your health, legal rights, insurance, and compensation. At Surrogate Steps, our experienced, attorney-led team provides additional guidance and support throughout your journey.

Being a surrogate can be one of the most rewarding experiences of your life. You have the opportunity to help someone experience the joy of parenthood while making a meaningful difference for your own family.

At the same time, surrogacy is a significant physical, emotional, and time commitment. Understanding what to expect and choosing a team you trust can help you decide whether it’s the right experience for you.

When you’re ready, apply to become a surrogate and take the first step toward helping another family grow.