Which states license surrogacy agencies?
Reviewed by counsel [name], [date]. Every statement about New York licensing law on this page is pending review by New York counsel, and no statute numbers are cited until counsel signs off.
One. New York is the only state that licenses surrogacy agencies. Under the Child-Parent Security Act, in force since February 15, 2021, any surrogacy program that matches or manages surrogates or intended parents in New York must hold a license from the New York State Department of Health.
Other states regulate the agreement and parentage, not the agency. Illinois, for example, makes gestational surrogacy agreements enforceable under the Gestational Surrogacy Act but does not license agencies. California regulates how surrogacy facilitators hold client funds, but does not license agencies the way New York does.
Outside New York, no state agency checks a surrogacy agency before it takes your money. That is the gap this page is about.
Jan Telman Berman, Global Surrogacy Coordinator at Private Label Surrogacy, wrote this page. Jan manages national and international cycles and has more than 18 years in the field. It is general information, not legal advice.
What does the New York license require?
To be licensed, an agency submits ownership and financial disclosures, written policies on screening, escrow and the Surrogates' Bill of Rights, and proof that client funds are held in an independent escrow account. It must renew on a set cycle.
| Requirement | What the agency provides | How you can verify it |
|---|---|---|
| Disclosure | Ownership and financial disclosures to the Department of Health | Ask the agency who owns it and who controls client funds, in writing |
| Escrow | Proof that client funds are held in an independent escrow account | Ask for the escrow company's name and confirm your account directly with that company |
| Policies | Written policies on screening, escrow and the Surrogates' Bill of Rights | Ask for the policies themselves, not a summary |
| Renewal | Renewal on a set cycle; the length of the cycle is being confirmed with counsel | Check the Department of Health's list of licensed programs, not a badge on the agency's website |
| Penalties | Penalties for operating without a license are being confirmed with counsel | Ask your New York attorney before you sign anything |
An unlicensed agency cannot legally operate a New York match.
Why New York chose licensing after legalizing surrogacy
New York legalized compensated gestational surrogacy and created the licensing requirement in the same law, the Child-Parent Security Act, which also created the Surrogates' Bill of Rights.
Read together, the requirements address three risks: who runs an agency, whether surrogates are screened and protected, and where client money is. The license makes an agency answer all three on paper. The legislative reasons for the licensing requirement are being confirmed with counsel; this section describes what the requirements address, not the legislature's stated intent.
The money risk is not theoretical. The Surro Connections agency collapsed in late 2025, leading to a federal indictment in August 2026, and the SEAM escrow failure involved more than $16 million.
How to check whether an agency is licensed in New York
The New York State Department of Health publishes the list of licensed surrogacy programs. The current address of that list is being confirmed with counsel.
Three checks, in order:
- Find the agency on the Department of Health list under its exact legal name.
- Ask the agency for its license status in writing, including the date it was granted.
- Confirm your escrow independently. Call the escrow company yourself, using contact details you find on your own.
If an agency says it is "licensed" but does not appear on the state's list, ask your New York attorney before you go further.
What the license does and does not guarantee
The license means the agency has filed ownership and financial disclosures, has written policies on screening, escrow and the Surrogates' Bill of Rights, holds client funds in independent escrow, and keeps the license current.
It does not guarantee:
- How long matching takes
- That a transfer results in a pregnancy
- That a particular surrogate or intended parent is the right fit for you
- That the agency's medical review is physician-led; that depends on the agency
Confirm with New York counsel what oversight the Department of Health applies between renewals. A license is a minimum, not a rating. You still need your own attorney, and you still need to read the agreement.
Where PLS's New York application stands
Private Label Surrogacy is applying for its New York surrogacy program license. Until the license is granted, PLS does not match New York residents. Application status as of [date], confirmed with Nancy Block, RN.
New York surrogates can join the PLS New York waitlist now; matching begins once the license is granted. Confirm with New York counsel what PLS may do for New York residents before its license is granted.
Much of what the license asks for is already how PLS operates. Parents fund an independent licensed escrow agent and may choose their own escrow company. PLS does not employ attorneys, psychologists or escrow staff. For more on the state itself, see surrogacy in New York.
What licensing suggests for parents in states without it
If you live outside New York, no state licenses your agency. You can still ask the questions the license asks:
- Who owns the agency, and who controls client funds?
- Is every dollar held by an independent licensed escrow agent, and can I choose my own?
- Are screening and surrogate-protection policies written down, and can I read them?
- Who reviews the surrogate's medical records, and what are their credentials?
How to vet a surrogacy agency's finances walks through the money questions in detail. PLS answers those questions in public: the PLS Standard sets out its ethical and medical rules in writing. Surrogacy laws by state shows what each state regulates.
If you have a question about a specific agency or state, SurrogacyHotline.com, PLS's sister site, answers expert questions free within 24 to 48 hours.
Sources
- Child-Parent Security Act (in force February 15, 2021), New York State Legislature. Pending review by New York counsel.
- New York State Department of Health, surrogacy program licensing and list of licensed programs. Pending review by New York counsel.
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending review by counsel.