New York Consolidated Laws

N.Y. Domestic Relations Law § 122 (2026)

Public policy

✓ current as of May 2026

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§ 122. Public policy. Genetic surrogate parenting agreements are
hereby declared contrary to the public policy of this state, and are
void and unenforceable.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1996–2026 · leading case: T.V. v. New York State Dep't of Health, 88 A.D.3d 290 (N.Y. App. Div. 2011).

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T.V. v. New York State Dep't of Health, 88 A.D.3d 290 (N.Y. App. Div. 2011). · cites it 5× “It contended that such agreements, even when entered between friends with no compensation, were invalid pursuant to Domestic Relations Law § 122. *295 The DOH further maintained that the statutory scheme did not violate the Equal Protection or Due Process Clauses of the United…”

Kass v. Kass, 696 N.E.2d 174 (NY 1998). “[declaring surrogate parenting contracts contrary to policy, void and unenforceable]; Scheinkman, Practice Commentaries, McKinney’s Cons Laws of NY, Book 14, Domestic Relations Law § 122, 1998 Pocket Part, at 255 [“commercial surrogacy arrangements involve a form of procreation…”

In re Sebastian, 25 Misc. 3d 567 (N.Y. Sur. Ct. 2009). · cites it 2× “There is little statutory law directed at ARTs, and then only in the context of artificial insemination (Domestic Relations Law § 73 [severing any rights or responsibilities of an anonymous sperm donor and conferring paternal rights on the consenting husband of a woman…”

In re Doe, 7 Misc. 3d 352 (N.Y. Sur. Ct. 2005). · cites it 3× “Unlike California, it forbids recognition of surrogate parenting contracts, and considers them void and unenforceable (Domestic Relations Law § 122). Nonetheless, New York courts entertain petitions for declarations of maternity, and do not require parents to go through an…”

Itskov v. New York Fertility Inst., Inc., 11 Misc. 3d 68 (N.Y. App. Term. 2006). “The statute is intended to prohibit surrogate parenting contracts where the surrogate mother, at the time of insemination or impregnation, agreed to surrender the child for adoption and the insemination or impregnation was done specifically for the purpose of creating a child…”

In re the Adoption of Michael, 166 Misc. 2d 973 (N.Y. Sur. Ct. 1996). “Even *975 though surrogate parenting contracts are against the public policy of this State (Domestic Relations Law § 122), artificial insemination is not (see, Domestic Relations Law § 73).”

Matter of Giavonna F. P.-G. (Frank G.--Renee P.-F.), 142 A.D.3d 931 (N.Y. App. Div. 2016). “Surrogate parenting contracts have been declared contrary to the public policy, and are void and unenforceable (see Domestic Relations Law § 122). Moreover, Domestic Relations Law § 124 (1) expressly states that “the court shall not consider the birth mother’s participation in a…”

In re the Adoption of J.J., 44 Misc. 3d 297 (N.Y.C. Fam. Ct. 2014). “4 (See Domestic Relations Law § 122.) The court now holds that it can.”

Matter of John (Joseph G.), 2019 NY Slip Op 5132 (N.Y. App. Div. 2019). · cites it 3× “It is true that New York's present public policy, unchanged since 1993 [FN1] , is that all surrogate parenting contracts are against public policy and are void and unenforceable ( see Domestic Relations Law § 122). Surrogate parent contracts are defined for this purpose to mean…”

Matter of Baby Anonymous, 2026 NY Slip Op 26019 (N.Y. Sup. Ct., New York Cty. 2026). “of Health , 88 AD3d 290 [2d Dept 2011] [addressing request for declaration of maternity of child born by surrogacy, where genetic and gestational parents do not dispute genetic mother's parentage, notwithstanding prohibition of surrogacy contracts under former Domestic Relations…”

Itskov v. New York Fertility Inst., Inc., 4 Misc. 3d 874 (N.Y. City Civ. Ct. 2004). “*878 contrary to the public policy of this state, and are void and unenforceable” (Domestic Relations Law § 122), the alleged contract between the plaintiff and defendant was not a surrogate parenting contract.”

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