§ 581-603 Independent legal counsel

If you agree to be a surrogate in New York, you have the right to your own lawyer. This lawyer must be licensed in New York and cannot be the same lawyer representing the intended parents. Your spouse also has this same right if they are involved in the agreement.

This lawyer's job is to look out for your interests only. They can help you understand the contract, negotiate terms, and protect your rights from the very beginning of the process all the way through until the surrogacy agreement ends.

The intended parents, meaning the people who want to have the child, are required to pay for this lawyer. You should not have to pay out of your own pocket to get legal advice and representation during this process. This rule exists to make sure surrogates are not pressured into signing agreements without someone on their side explaining what the contract means and making sure it treats them fairly.