New Jersey Surrogacy Law: What You Should Know

The New Jersey Gestational Carrier Agreement Act (the Act) established a statutory framework that governs every aspect of a gestational surrogacy arrangement in the state. It sets out specific eligibility requirements for surrogates and intended parents, mandates the content of surrogacy agreements, and provides a court process for obtaining a judgment of parentage before the baby is born so that it is clear from birth that the intended parents are the child's legal parents.

New Jersey's law is notably inclusive. Intended parents regardless of marital status, sexual orientation, or genetic connection to the child may pursue surrogacy and obtain a pre-birth order of parentage recognizing the intended parents as the legal parents of the child, provided all statutory requirements are met. Under the Act, one party must reside in New Jersey or delivery must be expected to occur in the state for the legal proceedings there to be applicable.

Key legal considerations in New Jersey under the Act include:

• A judgment of parentage is obtained through a court process and is typically in place before the birth of the baby. A court hearing is not usually required and all records are sealed.

• The surrogacy agreement must be fully executed, with independent legal representation for all parties, after medical and psychological screenings are completed but before any medical procedures begin for an embryo transfer.

• The gestational surrogate must be at least 21 years of age and must have previously given birth to at least one child.

• Donor agreements covering egg, sperm, and embryo donations are drafted to comply with applicable law. These can usually be prepared for clients regardless of where the donor or donor program is located. Ask us about this.

• Post-birth legal parental rights confirmation proceedings are available as may be applicable and when needed, ensuring the intended parents' legal rights are fully recognized.

The Act also addresses in other cases how a parent-child relationship is established in various scenarios, including by birth, voluntary acknowledgement, court order of another state, adoption, presumption, and artificial insemination of a spouse or partner.

Meryl has guided New Jersey clients through the requirements of the Gestational Carrier Agreement Act since it took effect and stays current with any case law or procedural developments that may affect your arrangement.