First-time surrogates in New York earn $60,000–$80,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $60,000 – $80,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $67,000 – $98,000 |
| Base Compensation | $70,000 – $95,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $77,000 – $113,000 |
New York has the strongest statutory protections for surrogates in the United States. The Child-Parent Security Act (Family Court Act Article 5-C), effective February 15, 2021, legalized compensated gestational surrogacy and created a codified, non-waivable Surrogates' Bill of Rights — the first law of its kind in the country.
Every surrogacy contract in New York must include a summary of these rights, and you cannot be asked to waive them:
• Health and welfare decisions (§581-602). You have the sole right to decide whether to consent to a cesarean section, whether to accept a multiple embryo transfer, which health care practitioners to use, whether to terminate or continue the pregnancy, and whether to reduce or retain the number of fetuses you are carrying.
• Independent legal counsel of your own choosing, paid by the intended parents.
• Comprehensive health insurance covering preconception through 12 months postpartum, paid by the intended parents.
• Life insurance of at least $750,000, in force from before medical treatment through 12 months post-pregnancy, paid by the intended parents.
• Psychological counseling on surrogacy-related matters, paid by the intended parents.
• The right to terminate the agreement before pregnancy, without penalty.
FCA §581-401 expressly provides that a surrogacy agreement may include compensation. Your counsel must be licensed in New York, experienced in surrogacy, and may not simultaneously represent the intended parents (§581-402).
Under FCA §581-402 you must be at least 21 years old, a US citizen or lawful permanent resident, and have completed a medical evaluation and given informed consent. On residency: you must have lived in New York for at least six months if neither intended parent has — the connection to New York can be satisfied by either side, which is the single most common point of confusion. You may not provide the egg.
Pre-birth orders are available: under FCA §581-203 the proceeding may begin any time after pregnancy is achieved, and the judgment takes effect at birth. Intended parents need not be married to each other (§581-204).
Source: NY Family Court Act Article 5-C.
New York sets real eligibility rules by statute. Family Court Act §581-402 requires you to be at least 21, a US citizen or lawful permanent resident, and to satisfy a six-month New York residency requirement if neither intended parent does. Those are legal requirements. The criteria below are the agency and clinic screening standards applied on top of them.
Final eligibility is determined by the agency's medical team.
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Yes. New York's Child-Parent Security Act legalized compensated gestational surrogacy in 2021 and created a Surrogates' Bill of Rights that cannot be waived. Traditional surrogacy, using your own egg, remains prohibited.
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for New York-specific guidance.
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
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