New York Legislators Updated Surrogacy Law Terminology
The state has replaced the terms mother and father with gestating parent and non-gestating parent in surrogacy statutes.
Updated on Oct. 10, 2026 in Pregnancy

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New York state legislators have passed a bill that updates surrogacy laws by replacing the terms mother and father with gestating parent and non-gestating parent. The legislation also swaps the term paternity for parentage in legal proceedings.
Why it matters
The change is intended to modernize language in state surrogacy statutes to reflect updated legal frameworks for parentage hearings. The move has drawn attention from federal political figures during the current campaign cycle.
The legislation removes the terms mother and father in favor of gestating parent and non-gestating parent. Additionally, the term paternity has been replaced by parentage for all legal hearings.
The players
Donald Trump
Donald Trump is the current President of the United States who commented on the state legislation during a rally.
Kathy Hochul
Kathy Hochul is the incumbent Governor of New York currently leading in recent polling.
Bruce Blakeman
Bruce Blakeman is a candidate for office in New York currently trailing in recent statewide polling.
The details
The new bill standardizes the terminology used in state legal hearings to define parentage. President Donald Trump addressed the legislative changes during a recent public appearance in Syracuse.
Timeline
September 2026: Siena University released polling data showing the governor race gap.
October 7, 2026: The Marist poll was released showing an 11-point spread.
October 9, 2026: President Donald Trump held a rally in Syracuse.
Culture Shift
This legislative change reflects a broader movement to modernize statutory language within New York state surrogacy laws. It marks a departure from traditional legal gender-based terminology in favor of more inclusive definitions.
Residents involved in future surrogacy legal proceedings will see the new terminology reflected in all official documentation and court hearings. This shift standardizes how parentage is established under state law moving forward.
The takeaway
The update formalizes new language in the state legal code regarding birth and parentage designations. Individuals currently navigating the surrogacy process should consult with legal counsel to understand how these definitions impact their filings.
Further reading
For more information on legal developments in the state, visit Pregnancy.
Source note: This article includes information reported by New York Post.
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