Permissible Payments in New York
Gestational surrogates in New York may be compensated for “medical risks, physical discomfort, inconvenience and the responsibilities they are undertaking in connection with their participation in the assisted reproduction.” New York law further provides that the amount of the compensation a surrogate receives “must be reasonable and negotiated in good faith between the parties, and said payments to a person acting as surrogate shall not exceed the duration of the pregnancy and recuperative period of up to eight weeks after the birth of any resulting children”.
By contrast “traditional surrogates,” (meaning the surrogate provided the egg used in conception) are not permitted to be “compensated” and the only payments they may receive are limited to what would be permitted in a New York adoption. Payments which exceed these limitations are impermissible, illegal and subject to severe sanctions. Because of this, the traditional surrogacy arrangements taking place in New York are typically limited to those where the surrogate is a close friend or family member of the intended parents and is helping them strictly out of love and compassion.
New Jersey surrogacy law permits gestational surrogates to be paid “reasonable” expenses in connection with a valid gestational carrier agreement. These expenses include:
For guidance through the legal aspects of the surrogacy process, feel free to contact the surrogacy attorneys at the law firm of Rumbold & Seidelman by calling 914-779-1050 or completing our online form.
