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New YorkS 8192025-2026 Regular SessionSenateWALLET

Relates to surrogacy programs and agreements

Sponsored By: Brad Hoylman-Sigal (Democratic)

Signed by Governor

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 2 benefits, 1 costs, 5 mixed.

Clear parentage and duties for intended parents

Surrogacy agreements can name one intended parent or multiple intended parents who meet the law's eligibility requirements. The court judgment must name them as the child's only legal parents at birth. It must state that the surrogate, their spouse, and any egg or sperm donor are not legal parents. The surrogate and their spouse must transfer the child to the intended parents. Intended parents must immediately take responsibility for the child's care and financial support at birth.

Ending surrogacy agreements leaves payment duties

After signing, the surrogate, their spouse, or any intended parent can end the agreement before pregnancy through assisted reproduction. This includes after embryo transfer when pregnancy has not occurred; notice must be given in a record to every other party. Intended parents still owe expenses covered by the agreement that the surrogate incurred through the termination date. If intended parents end it after medication or embryo-transfer treatment begins, they also owe related out-of-pocket medical costs and economic losses. That added duty covers losses incurred within 12 months after termination.

Health coverage for surrogates, costs for parents

Intended parents must pay for comprehensive health coverage and specified medical costs, including preconception screenings, medicines, transfers, and monitoring. Coverage starts before medication or embryo-transfer treatment and includes prenatal care, major medical treatment, hospitalization, behavioral health care, and surrogacy-related counseling. It lasts through the expected pregnancy and 12 months after birth, stillbirth, miscarriage ending pregnancy, or termination. An unpaid surrogate can waive the right to have intended parents pay for the policy and specified costs. Agreements must explain how the surrogate's and child's medical bills are covered, including pregnancy coverage and exclusions when using the surrogate's policy.

Surrogate insurance protections bring costs for parents

Intended parents must obtain and pay for surrogate life insurance before medication or embryo-transfer treatment begins. Coverage must be at least $750,000, or the lower maximum the surrogate qualifies for, and the surrogate chooses the beneficiary. It continues through pregnancy and 12 months after birth, stillbirth, miscarriage, or termination; an unpaid surrogate can waive premium payments. At the surrogate's request, intended parents must also provide paid disability insurance, and the surrogate may choose its beneficiary. If disability insurance is unavailable, intended parents must reimburse lost wages tied to participation in the surrogacy agreement.

Earlier family agreements gain legal recognition

Courts can apply specified rules retroactively in assisted-reproduction parentage cases and cases about enforcing agreements on embryo use or disposition. These are Family Court Act § 581-202 and article five-C, part three. Article five-C also applies to parentage cases involving unpaid surrogacy agreements made before February 15, 2021. Agreements signed from February 15, 2021, until the 2024 amendments took effect remain compliant under § 581-406 if they followed the earlier rules. This protection applies even when those agreements differ from today's requirements.

More oversight for surrogacy and fertility services

Surrogacy programs include agencies, agents, businesses, and individuals arranging or helping carry out surrogacy agreements, even agreements that fail legal requirements. The agreement's parties and their lawyers are excluded from that definition. The Health Department must consult financial regulators and issue rules requiring programs to monitor intended parents' and surrogates' eligibility. Its rules must also require assisted-reproduction providers to use informed-consent procedures that follow Public Health Law § 2599-cc regulations.

Earlier paid surrogacy faces court limits

Participants in surrogacy agreements with compensation paid before February 15, 2021, cannot use two routes to a parentage judgment. Those routes are Family Court Act § 581-203 and § 581-406. They retain the right to seek a parentage judgment under § 581-407.

Clearer birth records with access limits

After a pre-birth parentage judgment, petitioners have 14 days after birth to notify the court, up from 7 days. The court then amends the judgment to use the child's name on the birth certificate. Judgments must coordinate hospital reporting, birth-certificate updates, and notices to state health officials and the child-welfare registry. The law also provides expedited amendments and requires record updates across jurisdictions. Original birth certificates can remain sealed until the child turns 18 or relevant parents become eligible for access.

Sponsors & Cosponsors

Sponsor

  • Brad Hoylman-Sigal

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 205 • No: 20

House vote • 2/26/2025

Assembly floor vote

Yes: 125 • No: 18

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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