Modernizing Surrogacy Laws for a Safe and Regulated Path to Parenthood
Legislative Milestone in New Jersey’s Surrogacy Landscape:
May 30, 2018
The New Jersey Gestational Carrier Agreement Act was signed into law, marking a significant legal shift in surrogacy within the state.
Surrogacy Contracts
Must meet certain requirements as stipulated by the New Jersey Gestational Carrier Agreement Act.
Should establish rights and obligations of each party.
Traditional surrogacy contracts remain unenforceable, and Surrogates can only be compensated for "reasonable".
Parental Rights
Intended Parents can obtain a pre-birth order in a gestational surrogacy, regardless of their marital status or genetic connection to the child, as long as they have an enforceable contract.
Legal Rights of Surrogates:
Have the right to choose own medical provider.
Must complete medical and psychological evaluation.
Can only receive the reasonable expenses, which doesn’t include a base payment.
Who Can Benefit from Surrogacy in NJ?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in New Jersey
New Jersey being a surrogate-friendly state with a well-defined legal framework for surrogacy might contribute to a favorable environment for surrogacy arrangements.
Advantages of Surrogacy in NJ
The New Jersey Gestational Carrier Agreement Act has brought New Jersey into the modern age of surrogacy, providing a legal framework for gestational surrogacy agreements. This legal shift has opened up surrogacy as a viable family-building option for many Intended Parents and Gestational Surrogates in the state.
