In New York, surrogate parenting contracts are:

• A. Valid and enforceable
• B. Void and unenforceable
• C. Void but enforceable by the court
• D. Enforceable only with court approval

Answer: (B)

Surrogate parenting contracts are void and unenforceable in New York. The state treats these agreements as contrary to public policy because they attempt to buy, sell, or transfer parental rights and to control a pregnancy or its outcome. The law protects the pregnant person’s autonomy and the child’s welfare, preventing such contracts from coercing relinquishment or guaranteeing a transfer of parenthood through a contract. Since the agreement is void from the start, courts won’t enforce it to compel relinquishment or assign parental rights. If the parties want legal parentage, they must pursue post-birth legal steps—like a court order establishing parentage or adoption—separate from the invalid contract.