Surrogacy provides an incredible opportunity for those who are unable to carry a child.
Sometimes those who wish to have a baby will need the help of a gestational carrier — often called a surrogate — to make their family possible. A gestational carrier is a woman who agrees to carry a pregnancy on behalf of the intended parents. In New York, under the Child-Parent Security Act (effective February 15, 2021), intended parents in a compensated gestational surrogacy arrangement can be recognized as the child's legal parents at birth through a pre-birth order of parentage — no post-birth adoption is required.
What is Gestational Surrogacy?
Gestational surrogacy is a form of IVF in which an embryo — created from the intended parents' own or donor gametes — is transferred to a gestational carrier who is not genetically related to the child. The process has two steps: first, embryos are developed through IVF; second, an embryo is transferred to the gestational carrier. Because parentage law varies by state, intended parents should confirm which state's law will govern the arrangement and the parentage order. In New York, the Child-Parent Security Act provides a clear legal path for intended parents to be recognized from birth; traditional (genetic) surrogacy, where the carrier's own egg is used, remains prohibited in New York.
At Chelsea Fertility of New York City, we specialize in providing customized advice, support and consultation to help intended parents find a gestational surrogate. We work with reputable partners in securing resources, all of which follow FDA and national ASRM standards and guidelines for gestational carriers. We can help you find and/or screen a surrogate mother, and provide legal consultation referrals to specialized reproductive health lawyers.
When Is a Surrogate Mother Recommended?
Surrogacy is recommended for two major groups:
- If a woman has a contraindication to carrying a pregnancy such as a medical condition, absence of the uterus, or a non-treatable pregnancy loss disorder then a gestational carrier for her embryo is indicated.
- If a man is single or in a same sex relationship, then a surrogate is required to build a family.
Gestational Surrogacy, Traditional Surrogacy, and Adoption
Gestational surrogacy is the pathway we offer, and — under New York's Child-Parent Security Act — the one with the clearest legal footing in this state. Traditional surrogacy, in which the carrier is inseminated and uses her own egg so the child is genetically hers, is a different arrangement; it is prohibited in New York and treated differently in other states, so we do not perform it. Adoption remains a distinct and meaningful way to build a family — separate from surrogacy — and is a good option for many couples and individuals, fertile or infertile.
IVF with a Gestational Carrier
Once the embryo is developed, it can be transferred to the gestational carrier immediately during a "live cycle" whereby the carrier is treated with hormones (estrogen and progesterone) to be synchronized with the production of the embryo. An alternative, that is logistically preferred, is to freeze the embryo once developed, and then thaw at the time when the gestational carrier is prepared appropriately with hormones. This allows for greater flexibility in scheduling for the gestational carrier.
Surrogacy for Gay Family Building
Every year, thousands of singles and gay and lesbian couples attempt fertility treatment in order to start a family. The physicians and staff of Chelsea Fertility NYC offer an open, welcoming environment for gay couples. We know that family building can be a long journey, but our compassionate specialists work hard to ensure a straightforward and rewarding experience. Chelsea Fertility NYC offers multiple third-party agents like surrogacy agencies, donor egg agencies and sperm banks, and reproductive attorneys. For gay couples interested in using gestational surrogacy to build their family, we invite you to visit our page on LGBTQ & Gay Parenting.
International Surrogacy
The fertility specialists at Chelsea Fertility of NYC are experienced in providing treatment options for international patients requiring surrogacy with gestational carriers. Our New York City-based program was designed with the difficulties of long distance management and travel in mind, and offers patients considerable flexibility to minimize the need for additional overseas travel. We specialize in local, national and international surrogacy matching gestational carriers for our patients, having worked professionally with surrogates from the Northeast and Western U.S., as well as Europe (Italy, England) and Asia (Singapore, Thailand).
Frequently Asked Questions about Gestational Surrogacy
How long does the Surrogacy Process normally take?
Once the surrogate is selected, the process is the same as an IVF treatment; 1-2 months.
How Much Does Gestational Surrogacy Cost?
Medical fees would be similar to an IVF cycle and its associated embryo transfer to another female patient. Additional major expenses include the obstetrical fees for the gestational carrier and legal fees for the surrogacy agreement and the pre-birth order of parentage. Under New York's Child-Parent Security Act, the intended parents also pay for the gestational carrier's independent legal counsel.
What Are the Surrogacy Laws in New York?
New York's Child-Parent Security Act took effect on February 15, 2021. It legalized compensated gestational surrogacy in New York, made those agreements enforceable, and allows intended parents to obtain a pre-birth order of parentage that recognizes them as the child's legal parents at birth. The law is gender- and marriage-neutral, does not require a genetic connection to the embryo, and applies to married and unmarried couples and single people alike. Both parties must have independent legal counsel, and the intended parents pay for the gestational carrier's attorney.
CPSA protections apply when the gestational carrier resides in New York and/or delivers in New York. For a New York parentage order, at least one party must have lived in New York for six months before signing the agreement. Traditional (genetic) surrogacy, using the carrier's own egg, remains prohibited in New York. We recommend working with a New York family-law attorney experienced in assisted reproduction; this is general information and not legal advice.
How do I find the right Surrogacy agency? Are there any agencies that you recommend?
Our professional team at Chelsea Fertility NYC is well experienced in making sure services are fully comprehensive and of the highest standard in the field. There is now a specialty of law called reproductive law.
Who is responsible for surrogate mother compensation?
There is usually a legal contract making the intended parents responsible. This is variable and would normally include medical costs for obstetrical care and a fee for service.
Are there any requirements for those who want to become surrogate mothers?
ASRM guidelines recommend a pre-conceptual visit with a mental health specialist to consider impact of using donor gametes or surrogacy in family building as well as medical screening for infectious diseases.