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New YorkS 8192025-2026 Regular SessionSenateWALLET

Relates to surrogacy programs and agreements

Sponsored By: Brad Hoylman-Sigal (Democratic)

Became Law

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 4 benefits, 0 costs, 4 mixed.

Intended parents must cover surrogate insurance and costs

Intended parents must buy and pay for a full health plan for the surrogate. It must start before any medication or embryo treatment and cover preconception, prenatal, hospital, and behavioral health care. They must pay all co-pays and deductibles for up to 12 months after birth, stillbirth, miscarriage, or termination. They must also buy life insurance of at least $750,000 (or the most the surrogate can qualify for) lasting through pregnancy and 12 months after. If the surrogate asks, they must buy disability insurance; the surrogate may pick beneficiaries. If intended parents end the deal after treatment starts, they must cover related medical costs and other economic losses for up to 12 months. A surrogate who is not paid may choose to waive some of these payments.

State oversight of surrogacy programs

The Health Department, working with the Financial Services Department, must set rules for surrogacy programs and clinics. Rules must include checking eligibility and using informed consent that meets state standards. The law also defines “surrogacy program” to include agencies and intermediaries that arrange or help with surrogacy, but not the parties or their lawyers.

Parentage rulings and birth records process

If a court issues a parentage judgment before birth, the petitioner must tell the court within 14 days after the birth. The court then issues an amended judgment with the child’s name and birth date. Hospital registrars must record parentage to match the judgment. Health officials must quickly amend and seal the old birth certificate; the sealed record is available to the child at 18 or to the legal parent(s).

Clear medical cost terms in agreements

Surrogacy agreements must clearly state how medical costs for the surrogate and the child will be paid. If a health plan will be used, the agreement must include a review and summary of the policy’s coverage and exclusions before it is used.

Key definitions for surrogacy and parentage

The law defines key terms used in surrogacy. “In vitro fertilization” means forming a human embryo outside the body for assisted reproduction. An “intended parent” is a person who agrees to be the child’s legal parent after assisted reproduction. A “surrogacy agreement” is a contract between an intended parent and a surrogate to have a live birth and make the child the intended parent’s legal child.

Rules when a surrogacy ends early

After signing but before pregnancy, any party can end the agreement with written notice. Intended parents must reimburse the surrogate for expenses already incurred under the agreement. Unless the contract says otherwise, the surrogate keeps payments already received through the end date.

Older surrogacy deals: what counts now

Courts may apply these parentage rules to older assisted‑reproduction cases. Unpaid surrogacy agreements made before February 15, 2021 can use this law to decide parentage. Paid surrogacy agreements made before that date cannot use some parentage routes, but can still seek a judgment under a different process. Deals signed on or after February 15, 2021 and before the 2024 update stay valid if they met the earlier law.

When these surrogacy changes take effect

Sections 1–12 of this law take effect on the same day as the 2024 surrogacy chapter. Some listed amendments start three years after this act becomes law.

Sponsors & Cosponsors

Sponsor

  • Brad Hoylman-Sigal

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 80 • No: 2

Senate vote • 2/10/2025

FLOOR Vote

Yes: 59 • No: 2

committee vote • 1/13/2025

Rules Committee Vote

Yes: 21 • No: 0

Actions Timeline

  1. SIGNED CHAP.98

    2/28/2025Senate

  2. DELIVERED TO GOVERNOR

    2/28/2025Senate

  3. RETURNED TO SENATE

    2/26/2025House

  4. PASSED ASSEMBLY

    2/26/2025House

  5. ORDERED TO THIRD READING RULES CAL.58

    2/26/2025House

  6. SUBSTITUTED FOR A2057

    2/26/2025House

  7. REFERRED TO JUDICIARY

    2/10/2025House

  8. DELIVERED TO ASSEMBLY

    2/10/2025Senate

  9. PASSED SENATE

    2/10/2025Senate

  10. ORDERED TO THIRD READING CAL.93

    1/13/2025Senate

  11. REFERRED TO RULES

    1/8/2025Senate

Bill Text

  • Original

    1/6/2025

    PDF

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