As of February 2021, New York joined the majority of states that allow for parties to contract and pay for a third party to carry their child to birth.

Many years ago, New York banned such contracts (Domestic Relations Law Article 8), but now has reconsidered and permitted such agreements in what is called the Child-Parent Security Act. Under this Act, a couple or individual seeking to be declared the legal parent of a child born by a surrogate, can petition the court before or after the child is born for a declaration adjudging them the legal parent(s). However, any such agreement for another to carry a child to birth must still comply with legal requirements to be found valid. For individuals having difficulty conceiving or adopting a child, this new legislation creates a previously unavailable option to become a parent.