Since 1993, state law says that surrogate parenting agreements in New York are void, unenforceable and against public policy. So the safest way for a New Yorker who’s interested in gestational surrogacy, gestational surrogacy with an egg donor or traditional surrogacy is to go outside of the state.
The intended parent(s) should work with agencies and contract with surrogates (from states other than New York) where surrogacy is legal. Names should be put on birth certificates before birth out-of-state. The new parents can bring the child back to New York and obtain their second or step parent adoption in New York state.
By the way, there are no instances in which individuals have been prosecuted for violation of New York law, nor have any fertility clinics, attorneys or agencies been held to be in violation of this law.
Source: The American Surrogacy Center