Gov. Cuomo is proposing a new law that will lift the ban on surrogacy contracts — enabling New Yorkers for the first time to pay a woman to have a baby for them through in-vitro fertilization.

The ban has been in place since 1992.

“New York’s antiquated laws frankly are discriminatory against all couples struggling with fertility, same sex or otherwise” Cuomo said in a statement to The Post.

“This measure rights this wrong and creates a new and long-overdue path for them to start families and also provide important legal protections for the parents-to-be and the women who decide to become surrogates.”

The move comes after Cuomo and the Democratic-run state Legislature last month approved a law updating and expanding New York’s abortion rights law, angering Timothy Cardinal Dolan and the Catholic Church.

The church also opposes the legalization of commercial surrogacy as “human trafficking.”

“This is so appalling. This is the buying and selling of children and the exploitation of women. There are going to be poor women exploited by wealthy couples,” said Kathleen Gallagher, the Catholic Conference’s director of pro-life activities.

The Child-Parent Security Act, included in the governor’s executive budget plan, has been a top priority for couples facing infertility and same-sex couples trying to have kids following the legalization of gay marriage.

Under surrogacy, a woman is artificially impregnated through in vitro fertilization.

The carrier or surrogate is typically paid between $45,000 and $50,000.

New York is one of only four states — Arizona, Michigan and Nebraska are the others — that explicitly ban surrogacy contracts.

The New York ban doesn’t affect surrogacy where money doesn’t change hands.

But there’s a catch — such deals are not considered enforceable contracts under state law.

So if there’s a dispute that ends up in court, custody and parental status decisions would be made family law, not contract principles.

A top fertility doctor lauded the proposed new law.

“It would be great for patients who now have to go to other states. New York has an unfortunate ban that creates more harm than benefits. It’s just punitive,” said Jamie Grifo, head of the NYU Fertility Center.

“It makes having a child through surrogacy more difficult and expensive,” he said.

Grifo said under the current law he can only create embryos in New York and then has to ship them to other states for a surrogate pregnancy.

A lawyer who handles surrogacy cases agreed.

“Why should people living in New York not be allowed to do something that’s permitted in other states?” asked Sanford Benardo, a lawyer with the Northeast Assisted Fertility Group based on the Upper East Side.

Cuomo’s legislation mirrors bills advanced over the years by Sen. Brad Hoylman (D-Manhattan) and Assemblywoman Amy Paulin (D-Westchester).

Hoylman, who has two children through surrogacy from out of state, said he was “hopeful” the New York legislation will pass this year with the governor’s support.

“For the first time I’m seeing movement,” the senator said.