Intended parents pursuing gestational surrogacy in New York must complete specific medical clearances before an embryo transfer can take place. These requirements come from two sources: New York’s Child-Parent Security Act (CPSA) and the fertility clinic managing the transfer. Understanding both helps intended parents prepare for the process.
Two sources of clearance requirements
Some clearances are required by law under the CPSA. Others are clinical protocols set by the fertility clinic. Both must be satisfied before a surrogacy arrangement can move forward.
Infectious disease testing
All intended parents must complete infection testing before creating or transferring embryos. The tests check for:
- HIV
- Hepatitis B
- Hepatitis C
- Other infections that can spread
Passing these tests is one required step, but intended parents must complete other requirements as well.
Other medical clearances clinics typically require
Fertility clinics also ask intended parents to complete the following:
- Genetic carrier screening to check for inherited conditions that could affect the child
- Sperm analysis for intended fathers using their own genetic material
- Reproductive health assessments including ovarian reserve testing for intended mothers using their own eggs
- Psychological evaluations to assess emotional readiness for the surrogacy process
Clinics may request additional evaluations based on individual medical history. If a result raises a concern, the medical team will discuss options before the process continues.
What New York’s Child-Parent Security Act requires
The CPSA sets rules for all surrogacy agreements in New York. Under the law:
- All parties must have their own lawyer before they sign
- The surrogate must complete medical and mental health evaluations (FCA § 581-402)
- The agreement must include health care and insurance for the surrogate, paid by the intended parents (FCA § 581-604)
- The surrogate keeps the right to make her own health care decisions (FCA § 581-602)
These rules help all parties know their rights before they sign.
Clearance timeline
The medical clearance process typically takes two to four weeks. Test results must be current at the time of the embryo transfer. Some clinics require updated testing if significant time has passed since the initial clearance.
Working with a surrogacy attorney in New York
Completing medical clearances is a required step before any gestational surrogacy arrangement can begin in New York. An attorney who focuses on reproductive law can help intended parents understand and meet all requirements under the CPSA.