New York State does not allow paid surrogacy. But, that hasn’t prevented 1,000s of people from pursuing surrogacy in other states and countries. Couples usually return to NY with their parental rights already finalized. However, for gay couples who pursue surrogacy in India, the non-biological father must undergo a step-parent adoption of the child back in NY. How did NY deal with this issue? In a recent court decision, the judge allowed a co-parent to adopt the child he and his partner brought about through a paid surrogacy arrangement even though it would have been illegal in NY. Hopefully, this will help lead the path to surrogacy-friendly legislation.
California is the friendliest state: A 1993 case, Johnson v. Calvert, ruled that paid surrogacy arrangements are legal and the intended parents of a child are the sole legal parents.
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