Requirements to Become a Surrogate

What Are the Requirements for Being a Surrogate in New York and New Jersey?

There are strict requirements you must meet to be a surrogate in New York or New Jersey. Being a surrogate also requires a tremendous commitment of time and energy and not everyone is suited for the task. While matching programs may have slightly different requirements, there are a number of criteria every prospective surrogate must meet and which are set forth below.

ASRM Qualifications for Being a Surrogate

While there are no federal regulations and no governmental entity overseeing the surrogacy process across the United States, the American Society for Reproductive Medicine (ASRM) has established general guidelines for surrogacy. Most surrogacy matching programs, fertility clinics and attorneys follow the ASRM’s published best-practice guidelines before approving a surrogate. These criteria include the requirement that the surrogate:

Has completed a psychosocial evaluation and been counseled by a qualified mental health professional
Has undergone a personal and sexual history examination to screen for sexually transmitted infections and other infections
Has undergone a complete medical evaluation to ensure she is medically prepared for the surrogacy process
Is between the ages of 21 and 45 years old
Has carried at least one uncomplicated pregnancy to term
Has no more than a total of five previous deliveries or three deliveries via cesarean section
Has a stable family environment with adequate support to help her cope with the added stress of pregnancy

Read more about the ASRM qualifications to be a surrogate.

New Jersey Gestational Surrogate Requirements

The New Jersey Gestational Carrier Agreement Act only applies when the surrogate did not provide the egg used in conception. She must also meet the specific requirements set forth in the Act which includes that she:

Is at least 21 years of age
Has given birth to at least one child
Has completed a medical evaluation approving her suitability to serve as a gestational carrier
Has completed a psychological evaluation approving her suitability to serve as a gestational carrier
Has retained an attorney, independent of the intended parent, who has counseled her regarding the terms of the gestational carrier agreement and the potential legal consequences of being a gestational carrier

Whether you are considering an independent or agency-assisted surrogacy journey, you will need to meet the New Jersey gestational carrier qualifications. The purpose of these requirements is to determine whether you can safely carry a pregnancy to term and whether you are prepared for the path ahead. In short, these requirements are for your protection. When you work with a surrogacy attorney like those at Rumbold & Seidelman, your attorney will confirm whether these requirements are met before drafting a surrogacy contract.

New York Gestational Surrogate Requirements

New York law sets forth detailed gestational surrogacy eligibility criteria. These requirements are laid out in the Child-Parent Security Act (CPSA) but we’ve summarized them below. (here’s a link to the statute which outlines the below requirements):

The surrogate must be at least 21 years of age.
The surrogate must be a United States citizen or a lawful permanent resident.
The surrogate must be a New York state resident for at least six months- if neither intended parent has been a resident of New York for at least six months.
The surrogate must not have provided the egg used to conceive the child.
The surrogate must have completed a medical evaluation.
The surrogate must have given informed consent to the medical procedures after being informed of the medical risks including the possibility of multiple births, the risk of the medications to be taken, the risk of pregnancy complications, psychological and psychosocial risks, and the impact of the surrogacy arrangement on her personal life.
The surrogate, and her spouse, if applicable, must have been represented by independent legal counsel from the start of the contractual process and continuing until the surrogacy arrangement is complete. That attorney must be licensed in New York State, and the attorney’s legal fees shall be paid by the intended parents.
The surrogate must have a comprehensive health insurance policy that takes effect prior to taking any medication or commencing treatment to further the embryo transfer. The intended parents shall pay all co-payments, deductibles and any other out-of-pocket medical costs the surrogate incurs in connection with the surrogacy arrangement.
The intended parents shall procure and pay for a life insurance policy for the surrogate that takes effect prior to her taking any medication or commencing medical procedures to further embryo transfer. The life insurance policy should provide a minimum benefit of $750,000 or the maximum amount the surrogate qualifies for if less than $750,000.
The surrogate must meet all other requirements deemed appropriate by the commissioner of health.

Once you have been approved to become a surrogate and have been matched with intended parents, we can provide you with the legal services you require. To learn more, contact our law firm at 914-779-1050 or by using our contact form.