Are Abortion Contracts or Surrogacy Contracts Permitted in New York City?

Typically, an abortion contract will involve the payment of money to either have or not have an abortion regarding a particular pregnancy. Circumstances that may result in a couple entering into an abortion contract might be when the woman becomes pregnant, she decides she wants to have an abortion and she wants the man to pay for the abortion. Other circumstances might involve a surrogacy contract. An abortion clause may be included in a surrogacy contract giving the surrogate the right to abort the pregnancy when the woman’s health or life is in jeopardy.

Abortion contracts separate from surrogacy contracts are rare. However, for an abortion contract to be valid, it must contain the elements of any contract-an offer, acceptance by the parties and an exchange of some sort of consideration.  Either party may initiate the contract as long as they both agree to the terms. If one party is coerced into signing the contract, then the contract would be considered void by a New York court.

If you are a New York resident and you are thinking about entering into a surrogacy contract, you should know that New York’s Domestic Relations Law § 122 makes surrogacy contracts void and unenforceable under New York law because they are considered against public policy. The law prohibits anyone from paying or accepting money under the contract except for medical and hospital fees. Also, if both the mother and the intended parents are New York residents, the biological mother does not have to give up the baby even if she signed the surrogacy agreement.
In order to enter into a surrogacy contract in New York, you would need the surrogate to be a family member who does not receive compensation, or  select a surrogate who lives in another state that recognizes surrogacy contracts and have the agreement drafted in that state.

If you wish to speak to a New York attorney about an abortion or surrogacy contract, call the Law Offices of Albert Goodwin at (212) 233-1233.