New York offers some of the strongest legal protections for LGBT intended parents pursuing surrogacy in the United States. With the Child-Parent Security Act providing clear pathways to parentage and comprehensive regulations, same-sex couples can build their families with confidence when they work with experienced legal counsel and LGBT-friendly agencies.
Schedule a consultation today to connect with vetted surrogacy agencies who specialize in protecting LGBT parents’ rights throughout the surrogacy process.
This guide covers everything you need to know about LGBT surrogacy laws in New York and gay surrogacy laws, from pre-birth orders to birth certificate procedures, so you can make informed decisions about your family-building journey.
LGBT Surrogacy Laws in New York and Establishing Parentage: Will We Get a Pre-Birth Order?
New York courts do issue pre-birth orders (PBOs) for LGBT intended parents under the Child-Parent Security Act, which went into effect in 2021. This landmark legislation specifically protects same-sex couples and ensures equal access to surrogacy regardless of sexual orientation or gender identity.
Here’s what makes New York unique for LGBT surrogacy:
- Both intended parents can be declared legal parents even without a genetic connection to the child
- Pre-birth orders are available for married and unmarried LGBT couples
- The state recognizes surrogacy contracts as legally binding when properly executed
- Courts cannot discriminate based on sexual orientation, gender identity, or marital status
Important licensing requirement: New York is the only state that requires surrogacy professionals to be licensed. If you’re open to matching with a surrogate in another state, experienced agencies can help you navigate interstate surrogacy while ensuring your New York parental rights are protected.
The CPSA provides clear guidelines for establishing parentage, but legal requirements can be complex. Working with attorneys who specialize in LGBT surrogacy ensures all documentation meets court standards.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in New York?
Yes, New York law explicitly allows non-genetic parents in same-sex relationships to be declared legal parents through the surrogacy process.
The Child-Parent Security Act removed the previous requirement that at least one intended parent have a genetic connection to the child.
The legal pathway for non-genetic parents includes:
- Both intended parents must be named in the surrogacy contract, regardless of genetic contribution
- Pre-birth orders can name both parents as legal guardians before birth
- Courts may require proof of fertility treatments or medical necessity for surrogacy
- Male and female same-sex couples receive identical legal protections
For male couples using an egg donor and surrogate, both fathers can be named as legal parents from birth. Female couples using a sperm donor face no additional hurdles compared to different-sex couples.
What If We’re Not Married — Can We Both Be Legal Parents?
New York allows both partners in unmarried LGBT couples to be named as legal parents through surrogacy. Marriage is not required to obtain a pre-birth order or be listed on the birth certificate, though it can simplify some aspects of the legal process.
For unmarried LGBT couples, consider these factors:
- Both intended parents must jointly petition for the pre-birth order
- Courts may require proof of committed partnership and shared intent to parent
- A comprehensive surrogacy agreement protects both partners’ parental rights
I’m a Single Parent — Can I Still Be Declared the Legal Parent in New York?
Single LGBT intended parents have full access to surrogacy in New York and can obtain pre-birth orders just like couples.
Whether you’re using your own genetic material with a donor or using both donor eggs and sperm, New York law protects your right to pursue surrogacy.
The process includes:
- Medical necessity documentation
- Financial qualification proof
- Simplified legal process with only one intended parent
How Will Our Names Appear on the Birth Certificate in New York?
New York birth certificates for LGBT intended parents reflect the actual family structure without discrimination. The state allows flexible terminology that respects different types of families.
Birth certificate options include:
- Same-sex male couples: “Father” and “Father” or “Parent” and “Parent”
- Same-sex female couples: “Mother” and “Mother” or “Parent” and “Parent”
- Individual preference: Courts may accommodate requests for specific terminology
How Long Will It Take to Get the Birth Certificate?
New York typically processes birth certificates for surrogacy cases within 6 months after birth, assuming all legal documentation is properly completed.
Expedited processing is available for families who need certificates quickly for travel.
Do We Need a Second Parent Adoption After Surrogacy in New York?
Most LGBT intended parents do not need second parent adoption if they properly complete the surrogacy legal process in New York. The Child-Parent Security Act allows both intended parents to be declared legal parents from birth through pre-birth orders.
Second parent adoption may be recommended when:
- You live in a state that doesn’t recognize New York’s surrogacy laws
- Attorneys recommend adoption for extra protection when traveling internationally
- Employers or insurance companies require adoption documentation
Marriage is not required for second parent adoption in New York.
How Surrogacy Contracts Protect LGBT Parents in New York
A comprehensive surrogacy agreement serves as the foundation for protecting LGBT intended parents’ rights throughout the process. New York law requires specific contract elements that safeguard same-sex couples.
Essential contract protections include:
- Clear establishment of intended parents as legal parents regardless of genetic contribution
- Authority for intended parents to make medical decisions during pregnancy and birth
- Explicit protections against discrimination based on sexual orientation or gender identity
- Requirements for independent legal counsel for all parties
Why Work With a Surrogacy Agency If You’re an LGBT Couple in New York
Experienced LGBT-friendly surrogacy agencies provide invaluable support for same-sex couples navigating New York’s surrogacy laws. Their specialized knowledge can significantly improve your experience and outcomes.
- Connections with attorneys who specialize in LGBT surrogacy across multiple states
- Access to pre-screened surrogates who are enthusiastic about helping LGBT families
- Step-by-step support through medical, legal, and emotional aspects
- Experience handling unique challenges that may arise in LGBT surrogacy cases
Finding an LGBT-Friendly Surrogacy Attorney in New York
Working with an attorney experienced in LGBT surrogacy is crucial for protecting your parental rights. Here are qualified surrogacy attorneys in New York who have experience with same-sex couples:
- Alexis Cirel (New York): Specializes in ART (Assisted Reproductive Technology) law with extensive experience in LGBT surrogacy cases. Known for thorough pre-birth order preparation and strong advocacy for same-sex intended parents.
- Elizabeth Swire Falker (New York): ART law specialist with particular expertise in complex LGBT surrogacy arrangements. Experienced in both in-state and multi-jurisdictional cases involving New York residents.
- Gregory Franklin (Rochester): Specializes in both adoption and ART matters, with extensive experience helping LGBT couples navigate New York’s surrogacy legal requirements.
- Jennifer Mass (Hauppauge, New York): ART law specialist with focus on complex surrogacy cases. Known for detailed contract drafting and successful pre-birth order petitions for LGBT clients.
How to Get Started With LGBT Surrogacy in New York
Ready to begin your surrogacy journey with the confidence that comes from New York’s strong legal protections? The next step is connecting with professionals who understand LGBT surrogacy and can guide you through every aspect of the process.
Your path forward includes:
- Initial consultation with experienced agencies
- Legal review with qualified attorneys who specialize in LGBT surrogacy rights
Schedule a consultation with our specialists to explore how LGBT surrogacy laws in New York can help you build the family you’ve been dreaming of. Our network includes experienced agencies and attorneys committed to protecting your rights and supporting your journey to parenthood.