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Surrogacy Laws in New York

All surrogacy contracts, no matter what the sexual orientation of the persons involved, are null and void and not enforceable in the state.


There is case law in New York that suggests that surrogacy agreements are against the public policy of the state. There was one case in 1990 that was weighed in upon prior to the statutory ban on surrogacy contracts was passed, and a couple who was married had entered into a surrogate contract, including $10,000 for a surrogate fee. There was a New York court that said that the surrogate’s dedication to relinquish the child she was carrying wouldn’t be truly her own choice. This would be because there was financial remuneration. The Court did say that their decision might be changed if the woman gave a sworn statement saying that the best interests of the child would be taken care of by the couple who was contracting with her, this option would probably be precluded by the next passage of the law that made surrogacy agreements null and void.

There was a case in 2004 where the intended mother of a set of triplets was not made to give DNA evidence to be given parental rights subsequent to the gestational surrogate giving up her parental rights.



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