New York Changed Surrogacy Terminology Laws
The state updated legal language to use inclusive terms for parents involved in surrogacy arrangements.
Updated on Oct. 10, 2026 in Pregnancy
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New York state legislators passed legislation that updates terminology in surrogacy laws to include the terms gestating parent and non-gestating parent. These changes also replace the term paternity with parentage for legal hearings.
Why it matters
The legislation reflects an effort to modernize legal language within state surrogacy statutes, shifting away from gendered identifiers to describe participants in reproductive arrangements.
The new legislation formally replaces mother and father with gestating parent and non-gestating parent within New York state surrogacy laws. The shift also updates the language for legal proceedings by replacing paternity with the term parentage.
The players
Kathy Hochul
The current Governor of New York who oversees state policy and administration.
Bruce Blakeman
The Nassau County Executive and current political candidate in New York.
Donald Trump
The current President of the United States who commented on the legislative changes at a recent event.
The details
The bill adjusts the legal framework governing surrogacy by moving toward terminology that specifies the biological or gestational role in a pregnancy rather than gender. By substituting references to paternity with parentage, the state aims to apply neutral, inclusive language to all legal hearings concerning parent-child rights in these arrangements.
Timeline
September 2026: A Siena University survey showed Bruce Blakeman trailing Kathy Hochul by single digits.
October 7, 2026: A Marist poll indicated Bruce Blakeman trailed Kathy Hochul by 11 points.
October 9, 2026: President Trump discussed the legislation during a rally in Syracuse.
Health Landscape
This move amends the language within the New York Child-Parent Security Act to reflect contemporary understandings of family structures. It updates state statute to better accommodate diverse parentage scenarios in modern reproductive law.
These changes reflect how the state classifies legal rights during the surrogacy process for prospective parents. Individuals engaged in or considering surrogacy arrangements in New York should discuss how these legal definitions may impact their specific parentage hearings with a qualified attorney.
The takeaway
The state has transitioned to neutral language in surrogacy law to better reflect the diverse nature of modern parenting arrangements. Those navigating reproductive legal matters should monitor official state guidance for how these term changes apply to current or future parentage filings.
Further reading
For more on the evolution of reproductive care laws, visit our Pregnancy section.
Source note: This article includes information reported by New York Post.
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Should state laws replace traditional family terms like mother and father with gender-neutral language?
