New Jersey's Gestational Carrier Agreement Act provides intended parents with a clear and enforceable legal framework for gestational surrogacy. But taking full advantage of those protections requires careful attention to the Act's specific requirements at every stage of the process.

Meryl B. Rosenberg, Esq. provides dedicated legal services to intended parents throughout New Jersey, from the earliest stages of planning through the final recognition of parentage. Meryl has guided intended parents through this process since 1993 and brings clarity and calm to every step.

Surrogacy Agreements for Intended Parents

Your gestational surrogacy agreement is the legal cornerstone of your arrangement. Under New Jersey law, it must meet specific statutory requirements to be enforceable, and it must be fully executed after all required screenings are completed but before any medical procedures begin.

Ensuring that all rights and duties are clearly defined consistent with New Jersey law before medical procedures begin is essential in every case. Meryl drafts agreements that are comprehensive, personalized, and compliant with the requirements of the New Jersey Gestational Carrier Agreement Act. Every agreement is reviewed by the surrogate's independent attorney together with their client before being finalized and signed by all parties.

Parentage Judgments for Intended Parents in New Jersey

New Jersey provides a pre-birth parentage court process that results in a judgment of parentage typically obtained before the baby is born. Once in place, the judgment directs the New Jersey Office of Vital Statistics to issue a birth certificate naming the intended parents as the sole legal parents of the child. No adoption is required.

Court proceedings under the Gestational Carrier Agreement Act are expedited and conducted in closed session. All records are sealed. Meryl advises intended parents on the legal process that applies to their situation and handles all necessary court filings. 

Donor Agreements

When your family building involves an egg donor, sperm donor, or embryo donor, a carefully drafted donor agreement is essential. These agreements define each party's rights and intentions and are tailored to applicable law. Meryl drafts or negotiates egg donation, sperm donation, and embryo donation agreements for intended parents or donors, working with both identified and non-identified donors.

IVF Clinic and Agency Document Review

Intended parents working with IVF clinics or surrogacy agencies will encounter a range of informed consent documents, agreements, and forms throughout the process. Meryl reviews these with her clients to ensure that nothing is overlooked, that what you are agreeing to and consenting to is clear, and that your rights are protected before you sign any relevant document. This service is available to clients worldwide, regardless of where the agency or clinic is located.

Post-Birth Parental Rights, Confirmatory Adoption, Step and Second-Parent Adoptions

In some arrangements, a post-birth court proceeding is required or advisable to ensure that both parents are fully recognized. Under New Jersey law, a surrogacy agreement is not considered an adoption, and no adoption proceeding is required when a valid gestational carrier agreement is in place. However, where the arrangement does not fully satisfy the requirements of the Act, or where a second-parent adoption is the appropriate pathway, Meryl advises clients on the right approach for their specific situation.

International Intended Parents

International intended parents pursuing surrogacy in New Jersey face legal considerations that extend well beyond the surrogacy arrangement itself, including citizenship for their child, parentage recognition in their home country, and travel requirements for getting their newborn home. New Jersey's inclusive framework and clear statutory process make it a practical option for many international families. Meryl brings specific experience advising overseas clients on what must be addressed from the very start of the family building journey.