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Talmud Law, PLLC The Law Offices of Rebecca J. Talmud

Surrogates must make sure they are protected under the law

On Behalf of | Aug 18, 2025 | Adoption

In New York, surrogacy is a common way for people who are facing difficulty in having a biological child to become parents. For the surrogate, it is an opportunity to help these prospective parents and to receive compensation for it. However, there are laws regulating surrogacy. They are in place to protect everyone involved and prevent disputes throughout the process.

For surrogates, it is particularly important that they understand what benefits they are supposed to receive. The state provides a fact sheet for those considering surrogacy. While this can give people a basic understanding of the myriad issues that can arise, it is also wise to have legal protection.

Key points surrogates should understand from the outset

The surrogate will undergo a medical examination and a thorough look at their past. They should have had a previous, successful pregnancy. The people for whom they are carrying the child can be friends, relatives or people they did not know previously.

Their examination will be comprehensive and go beyond assessing their physical condition. They will take part in psychological examinations to ensure they are aware of the process For example, it is important to avoid the possibility of a dispute as to whether they can keep the child after birth.

There will be a legal contract called a surrogacy agreement. Surrogates will have insurance coverage. It with begin when they receive and take medications before the embryo is implanted, continue while they are pregnant, and for the year after the end of the pregnancy. They also receive a disability insurance and life insurance policy, and health coverage that extends to mental health. They will receive payments for any legal fees they accrue.

Regarding the health care coverage, the surrogate picks their own medical provider. It is imperative that the surrogate and the prospective parents understand that the surrogate is not legally obligated to carry the pregnancy to term.

Know the law and rights when it comes to surrogacy

Surrogacy is a positive and helpful thing to do. However, there can be complications and those involved need to be protected. This is especially true for the surrogate since they might not fully understand the challenges that can arise. It is crucial to be protected from the start to make sure the surrogate gets everything they are entitled to. Having comprehensive guidance is key.