New policies allowing legal surrogacy in New York State start February 15

Posted at 12:49 PM, Feb 03, 2021
and last updated 2021-02-03 12:49:56-05

NEW YORK (WKBW) — New insurance protections and rights for surrogates and parents go into effect in New York State on February 15, 2021.

The new protections and rights were part of New York Governor Andrew Cuomo's fiscal year 2021 enacted budget which legalized gestational surrogacy in NYS.

"When we passed legislation lifting the antiquated ban on gestational surrogacy we included the nation's strongest protections for both surrogate mothers and parents alike," Governor Cuomo said. "I remind and encourage all New Yorkers to review these new insurance protections and rights as they go through this process."

Below you will find the new insurance protections and rights:

  • Life insurance for surrogates: Surrogates now have the right to life insurance coverage obtained and paid for by the parents;
  • Health insurance for surrogates: Surrogates now have the right to comprehensive health insurance that is paid for by the parents and must cover maternity care benefits and preventive care and screenings relating to pregnancy; and
  • Insurance for Parents: Parents can now purchase insurance that covers their financial losses if the surrogate fails to perform under the surrogacy contract, and also may purchase donor medical expense insurance.

"This administration has made it a priority to fight for and secure reproductive health rights for all New Yorkers. As this law takes effect, we remind surrogates and parents to know their rights for peace of mind during the family planning process," said Melissa DeRosa, Secretary to the Governor and Chair of the New York State Council on Women and Girls.