New York was one of the few states that banned the process of compensated surrogacy; making it illegal. Many residents in New York have had to travel cross country to arrange for a surrogate mother. This has required intended parents to find fertility practices outside of their state. This law made an arduous, expensive and emotional process a lot more difficult and costly for New York residents. Now, after a nine-year legal struggle, surrogacy is allowed!

The state’s ban on commercial surrogacy stemmed from the case of Baby M. In a publicized court battle. Mary Beth Whitehead argued that she should be allowed to keep the child she carried for William and Elizabeth Stern. In this case, Mary Beth was the biological mother as she provided the egg. This type of surrogacy is called traditional surrogacy versus gestational surrogacy. Nonetheless, the New Jersey Supreme Court gave custody to the intended parents, the Sterns, saying this was in the best interest of the child.

The new law that took effect on February 15th, 2021 only allows for gestational surrogacy. This means that surrogates are not genetically related to the embryo. Instead, the embryo is created by in vitro fertilization (IVF) using the eggs and sperm of the intended parents or donors and is then transferred to the surrogate. This option is welcomed by anyone who desires to become parents, including couples that are struggling with infertility and the LGBTQ community.

The state employed a surrogates’ bill of rights protecting women who become surrogates. This includes requiring the intended parent to pay for health and life insurance, and an attorney of her own, and ensuring that she has control over medical decisions related to the pregnancy. At the same time, it protects the intended parents by establishing their parental rights as soon as the baby is born. There is no longer a need for costly adoption proceedings, whether there is a single intended parent, couple, or same-sex couple.

The decision or point where one has to consider using a gestational carrier is a difficult one. This is usually made after a difficult personal journey through infertility. Of course, same-sex couples also choose this avenue to help build their own family.

With this change in New York law, surrogacy advocates see hope that more laws will fall into place for ethical gestational carrier agreements, making surrogacy a more viable option for the many who are unable to create a family on their own. The United States is by far the leading provider of surrogacy services because it is considered the safest and offers more legal protections for both intended parent and surrogate.

If you have ever considered becoming a surrogate, call us for a no pressure, informative conversation. Your journey can begin by filling out an application request form. Visit for more information.

If you are interested in having a surrogate, let Shared Conceptions make your dreams of a family a reality. Give us a call today and we will help you get one step closer to the child you have always wanted. Visit for more information.