How Much Do Surrogates Get Paid in NY and NJ?

Women considering becoming surrogates in New York or New Jersey often have a few big questions:

How much do surrogates make?

Is compensated gestational surrogacy possible in New York or New Jersey?

Deciding to carry a baby for another person is a big decision which comes with legal, emotional and medical risks. It can be personally fulfilling and rewarding but should only be undertaken if it is an appropriate choice for you and your family.

Although it is illegal in New York for a surrogate to receive a fee for her services, intended parents are permitted to pay the surrogate’s medical, legal and counseling expenses in addition to her housing expenses for the same limited period that would be permitted in a New York adoption.

In New Jersey, a gestational carrier is entitled to receive payment of her reasonable living expenses throughout her pregnancy and postpartum recovery period. In addition, the intended parents will also pay the surrogate’s legal fees, as well as her counseling and medical expenses. Although the New Jersey Gestation Carrier Agreement Act does not permit surrogates to receive “compensation,” the payments surrogates receive for their reasonable living expenses are typically comparable to the amount of compensation received by surrogates in states where that is permitted.

If your primary motivation for becoming a surrogate is to receive surrogate mother pay, this may not be the right path  for you. This is because the decision to be a surrogate carries emotional and medical risks and, for that reason, it’s important that your decision to be a surrogate is not unduly influenced by your financial circumstances. While surrogates are entitled to be paid for their time, effort and the risks they’re assuming, most surrogates are primarily motivated by their desire to help someone else have a child. Women seeking to become surrogates are screened by the professionals to ensure that they are not experiencing financial or other hardships which are unduly influencing their decision.

For guidance through this legal aspect of the surrogacy process, feel free to contact the surrogacy attorneys at the law firm of Rumbold & Seidelman by calling 888-962-3001.

How Much Does a Surrogate Make in NY and NJ?

In many parts of the United States, a woman who chooses to become a surrogate has the right to receive a base compensation, or an agreed-upon fee, for her services. This compensation is paid directly to her and is based on the surrogate’s time and effort in becoming pregnant and carrying the pregnancy to term, as well as the lifestyle changes she will need to make to ensure a healthy pregnancy. Accordingly, compensation is typically paid over the course of the pregnancy. Many surrogates use these funds to reach financial goals like paying off student loans, putting a down payment on a house, or saving for future education. While the amount of compensation received is often not life-changing, it can be very helpful for surrogates and their families.

While gestational carrier compensation in New York is not permitted, the gestational surrogate NJ legislation permits surrogates to receive payment of their reasonable living expenses for approximately 10 months. That amount is often comparable to the amount of compensation received by surrogates in states where compensation is permitted.

As mentioned above, surrogacy for a fee is illegal in New York.  Although there is no surrogate mother income, intended parents are permitted to pay the surrogate’s medical legal and counseling expenses in addition to her housing expenses for the limited period that would be permitted in a New York adoption.

Laws Regarding Surrogate Mother Compensation in NY and NJ

Surrogacy laws in New York and New Jersey typically ensure that surrogates are not financially burdened by their decision to help another family have a child. Accordingly, surrogates do not incur any costs or expenses in connection with their decision. New York and allow for the payment of a surrogate’s expenses in a way similar to the payment of birth mother expenses in an adoption.

The recently passed New Jersey surrogacy law allows for certain “reasonable” expenses in connection with a valid gestational carrier agreement. In fact, surrogacy contracts must address these financial aspects before a contract can be deemed valid. These reasonable expenses include:

  • medical, hospital, counseling or other similar expenses incurred in connection with the gestational carrier agreement
  • reasonable attorney fees and costs for legal services in connection with the gestational carrier agreement
  • and the reasonable living expenses of the gestational carrier during her pregnancy, including payments for reasonable food, clothing, medical expenses, shelter, and religious, psychological, vocational, or similar counseling services during the period of the pregnancy and during the period of postpartum recovery.

The law further states that the “payment” for being a surrogate can be made directly to the gestational surrogate, or on the gestational surrogate’s behalf to the supplier of the goods or services.

Although New York law prohibits surrogate mother compensation, the intended parents are permitted to pay those expenses which would be permitted in a New York adoption. Because this issue is complicated, all surrogates and intended parents are well-advised to consult with an experienced surrogacy attorney to ensure that the anticipated payment would be legally permissible. The attorneys at Rumbold & Seidelman can advise you regarding the applicable law and negotiate on your behalf the expenses and payments which you are permitted and entitled to receive for your efforts.

Your NY or NJ Surrogacy Will Always Be Free

If you decide to be a surrogate, you will not incur any expenses beyond the time, energy and effort you put into bringing a child into the world. All medical and legal costs will be paid by the intended parents. Because you will be carrying the pregnancy and are therefore the patient receiving the medical services, it is important for you to legally protected from the risk that you could be held responsible for any uncovered medical expenses. For that reason, you are well-advised to work with surrogacy professionals who can make sure that your financial interests are protected.

The attorneys at  Rumbold & Seidelman have the experience necessary to do that, and their legal services will always be free to you. To learn more about surrogate mother compensation in New York or New Jersey, please contact our law firm at 888-962-3001.

  • 116 Kraft Avenue, Suite 3
  • Bronxville, NY 10708
  • Tel: 914-779-1050


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