Surrogacy in New Jersey

Gestational Surrogacy in New Jersey

Surrogacy is legal in New Jersey. In 2018, the Gestational Carrier Agreement Act went into effect in New Jersey. The Act provided for enforceable gestational carrier agreements and pre-birth orders for all types of Intended Parents in accordance with specific conditions. For example, the gestational carrier agreement must be in writing, all parties must have completed mental health evaluations, and independent legal representation must have been provided for the gestational carrier and Intended Parents. These requirements and protections make New Jersey a very surrogacy friendly state.

Understanding Surrogacy Laws in New Jersey

Legal Parentage

Similar to many other states in the northeast, New Jersey’s law allows intended parents regardless of marital status, sexual orientation, or genetic relationship to obtain a pre-birth order granting parental rights so long as all statutory requirements are met. Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the New Jersey Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About New Jersey Surrogacy Law

Do You Need a Medical Need for Surrogacy in New Jersey?

No; no medical need required. New jersey allows for social surrogacy.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

New Jersey permits married couples, partners, and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In New Jersey, parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in New Jersey?

International parents can pursue surrogacy in New Jersey. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, New Jersey allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in New Jersey. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in New Jersey

Not necessarily. Intended parents do not need to be New Jersey residents to carry out a surrogacy journey in New Jersey. Similarly, gestational carriers are not required to reside in New Jersey. However, for the Act to apply, one of the parties must reside in New Jersey or the birth must occur in the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

New Jersey NJ Rev Stat § 9:17-65 (2018) outlines the rights and obligations of surrogates. Learn more about surrogate rights.