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lmnscc
LIF Adolescent
Member since 1/07 598 total posts
Name:
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Is surrogacy legal in NY?
We've been ttc for over two years, with one m/c and one c/p. I have an appt. today with the RE to see if the problem is that I can't sustain a pregnancy. My DH and I have been talking surrogacy. I never thought that it might not be legal. I would want it to be a family member and I doubt we would have to pay that person, just all medical related bills. Any info. would be great.
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Posted 5/15/07 10:56 AM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
Gertyrae
Peace out Homies!
Member since 5/05 20046 total posts
Name:
Gerty ®
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Re: Is surrogacy legal in NY?
Here is some info on it...
Apparently, you cannot draw up a surrogacy contract in NYS and must adopt the baby/babies after birth.
Surrogacy Article
NYS Surrogacy Law
Good luck with whatever your decision is.
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| Posted 5/15/07 11:01 AM |
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dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Re: Is surrogacy legal in NY?
Basically Yes its illegal but those links from Gerty are great at explaining it.
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| Posted 5/15/07 11:27 AM |
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shaye3
LIF Adolescent
Member since 2/07 696 total posts
Name:
Laura
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Re: Is surrogacy legal in NY?
I belive it is legal in new Jersey though so I have heard of some people doing it that way
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| Posted 5/15/07 12:51 PM |
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michele31
LIF Adult
Member since 5/05 3372 total posts
Name:
Michele
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Re: Is surrogacy legal in NY?
It is not legal NY. You should contact the major agencies that deal with this and they will help you navigate the system.
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| Posted 5/16/07 6:20 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Is surrogacy legal in NY?
Posted by shaye3
I belive it is legal in new Jersey though so I have heard of some people doing it that way
It's not legal in NJ. I looked into it awhile ago. You would probably need to claim residency in one of the states that do allow it but first thing to do would be to contact an attorney.
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Surrogacy Laws: State by State
The laws governing surrogacy agreements vary from state to state. State laws sometimes depend on the type of surrogacy agreement, such as gestational or traditional surrogacy. For more information about the types of surrogacy read the surrogacy basics article.
Permitted. Six states allow individuals and couples to enter into surrogacy contracts: Arkansas, California, Illinois (gestational surrogacy only), Massachusetts, New Jersey (uncompensated surrogacy agreements only) and Washington (uncompensated surrogacy agreements only).
Prohibited. The District of Columbia and 11 states prohibit surrogacy agreements in all or some instances. The District of Columbia and Florida prohibit surrogacy for all unmarried couples; Indiana and Louisiana prohibit traditional surrogacy; Michigan and Nebraska prohibit compensated surrogacy agreements; Nevada prohibits surrogacy for all unmarried couples; New York, North Dakota and Texas prohibit surrogacy for all unmarried couples; and Utah and Virginia prohibit surrogacy for all unmarried couples.
The remaining 34 states have mixed or unclear laws and/or court case rulings on whether surrogacy agreements are allowed.
Following is a list of the surrogacy laws in all 50 states and the District of Columbia.
Alabama Surrogacy Law
There is no provision on surrogacy in Alabama state law, but it appears to be permitted.
Alaska Surrogacy Law
There is no provision on surrogacy in Alaska state law.
Arizona Surrogacy Law
Arizona law is unclear on the issue of surrogacy agreements.
Arkansas Surrogacy Law
There is no provision on surrogacy in Arkansas state law, but it appears to be permitted.
California Surrogacy Law
There is no provision on surrogacy in California state law, but it appears to be permitted.
Colorado Surrogacy Law
There is no provision on surrogacy in Colorado state law.
Connecticut Surrogacy Law
There is no provision on surrogacy in Connecticut state law, but it appears to be permitted.
Delaware Surrogacy Law
There is no provision on surrogacy in Delaware state law, but it appears to be prohibited.
District of Columbia Surrogacy Law
District of Columbia law prohibits surrogacy agreements.
Florida Surrogacy Law
Florida law permits surrogacy agreements for married couples only.
Georgia Surrogacy Law
There is no provision on surrogacy in Georgia state law.
Hawaii Surrogacy Law
There is no provision on surrogacy in Hawaii state law.
Idaho Surrogacy Law
There is no provision on surrogacy in Idaho state law, but it appears to be permitted.
Illinois Surrogacy Law
Illinois law permits surrogacy agreements.
Indiana Surrogacy Law
Indiana law prohibits surrogacy agreements.
Iowa Surrogacy Law
There is no provision on surrogacy in Iowa state law.
Kansas Surrogacy Law
There is no provision on surrogacy in Kansas state law, but it appears to be prohibited.
Kentucky Surrogacy Law
There is no provision on surrogacy in Kentucky state law, but it appears to be permitted.
Louisiana Surrogacy Law
Louisiana law prohibits surrogacy agreements.
Maine Surrogacy Law
There is no provision on surrogacy in Maine state law.
Maryland Surrogacy Law
Maryland state law is unclear on surrogacy.
Massachusetts Surrogacy Law
Massachusetts law permits surrogacy agreements.
Michigan Surrogacy Law
Michigan law prohibits surrogacy agreements.
Minnesota Surrogacy Law
There is no provision on surrogacy in Minnesota state law.
Mississippi Surrogacy Law
There is no provision on surrogacy in Mississippi state law.
Missouri Surrogacy Law
Missouri state law is unclear on surrogacy.
Montana Surrogacy Law
There is no provision on surrogacy in Montana state law.
Nebraska Surrogacy Law
Nebraska law prohibits surrogacy agreements.
Nevada Surrogacy Law
Nevada law permits surrogacy agreements for married couples only.
New Hampshire Surrogacy Law
New Hampshire law permits surrogacy agreements for married couples only.
New Jersey Surrogacy Law
New Jersey law permits surrogacy agreements.
New Mexico Surrogacy Law
New Mexico law permits surrogacy agreements.
New York Surrogacy Law
New York law prohibits surrogacy agreements.
North Carolina Surrogacy Law
There is no provision on surrogacy in North Carolina state law, but it appears to be permitted.
North Dakota Surrogacy Law
North Dakota law prohibits surrogacy agreements.
Ohio Surrogacy Law
Ohio state law is unclear on surrogacy.
Oklahoma Surrogacy Law
There is no provision on surrogacy in Oklahoma state law, but it appears to permitted.
Oregon Surrogacy Law
Oregon law permits surrogacy agreements.
Pennsylvania Surrogacy Law
Pennsylvania state law is unclear on surrogacy.
Rhode Island Surrogacy Law
There is no provision on surrogacy in Rhode Island state law, but it appears to be permitted.
South Carolina Surrogacy Law
South Carolina state law is unclear on surrogacy.
South Dakota Surrogacy Law
There is no provision on surrogacy in South Dakota state law.
Tennessee Surrogacy Law
Tennessee law permits surrogacy agreements for married couples only.
Texas Surrogacy Law
Texas law permits surrogacy agreements for married couples only.
Utah Surrogacy Law
Utah law prohibits surrogacy agreements.
Vermont Surrogacy Law
There is no provision on surrogacy in Vermont state law, but it appears to be permitted.
Virginia Surrogacy Law
Virginia law permits surrogacy agreements for married couples only.
Washington Surrogacy Law
Washington law permits surrogacy agreements.
West Virginia Surrogacy Law
There is no provision on surrogacy in West Virginia state law, but it appears to be permitted.
Wisconsin Surrogacy Law
Wisconsin state law is unclear on surrogacy.
Wyoming Surrogacy Law
There is no provision on surrogacy in Wyoming state law.
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| Posted 5/20/07 8:57 AM |
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reggie
I love my boys!!
Member since 5/05 8044 total posts
Name:
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Re: Is surrogacy legal in NY?
Def not legal in Jersey.
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| Posted 5/20/07 3:37 PM |
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antoinette
boy mamma
Member since 5/05 2975 total posts
Name:
Antoinette
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Re: Is surrogacy legal in NY?
A person in my office just had twins, his sister carried them as his wife had problems. im not sure how it all worked but he has his babies and they are from his wife and himselfs embryo that was transferred.
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| Posted 5/22/07 11:02 AM |
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michele31
LIF Adult
Member since 5/05 3372 total posts
Name:
Michele
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Re: Is surrogacy legal in NY?
I am pretty sure that family surrgocracy is treated very differently than hiring a women to carry your chidren for money.
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| Posted 5/22/07 1:12 PM |
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mrsmck
Be a big girl!
Member since 5/05 4898 total posts
Name:
Donna
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Re: Is surrogacy legal in NY?
One of DH's coworkers was born without a uterus. Her eggs were fertilized with her DHs sperm. Her SIL carried the babies, but she had to adopt them after they were born, even though biologically they were hers and DHs.
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| Posted 5/22/07 1:34 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Is surrogacy legal in NY?
Posted by michele31
I am pretty sure that family surrgocracy is treated very differently than hiring a women to carry your chidren for money.
No, legally you must go through adoption in NY State.
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| Posted 5/22/07 1:35 PM |
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Sneezy
Thankful for my miracle!
Member since 5/05 1939 total posts
Name:
Jen
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Re: Is surrogacy legal in NY?
I know someone (the homosexual brother of a close family friend) who has a daughter by way of surrogacy in California. They live on LI.
It cost them $100,000 plus medical expenses, but it was legal. They had only to do an adoption so that both partners were legal parents. One of the men was listed on the birth certificate by the surrogate, so the child automatically "belonged" to him. I assume it would be the same in the case of a married couple.
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| Posted 5/22/07 8:12 PM |
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shaye3
LIF Adolescent
Member since 2/07 696 total posts
Name:
Laura
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Re: Is surrogacy legal in NY?
I just asked this question on another board and this is what 1 of the DR's responded with
I]Using a gestational carrier can be accomplished throught the NJ office. Yo may do everything up to retreival and transfer in NY if that is more convenient, but then retrieval and transfer would be done in NJ where it is legal.
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| Posted 5/23/07 8:01 PM |
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LisaW
Time for me to FLY!
Member since 5/05 13199 total posts
Name:
Did I ever tell you that I hate people?
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Re: Is surrogacy legal in NY?
Posted by shaye3
I just asked this question on another board and this is what 1 of the DR's responded with
I]Using a gestational carrier can be accomplished throught the NJ office. Yo may do everything up to retreival and transfer in NY if that is more convenient, but then retrieval and transfer would be done in NJ where it is legal.
I have spoken with my RE about it and was also told it can be done in NJ
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| Posted 5/23/07 8:25 PM |
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