Surrogacy in New Jersey: Legal Guide & Gestational Carrier Act

New Jersey legalized surrogacy in 2018 after a 29-year ban, following the landmark Baby M case. The Gestational Carrier Act now protects LGBTQ+ families, infertile couples, and surrogates. Surrogates must be 21+, have a prior birth, and undergo legal and medical evaluations.

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Key Takeaways

New Jersey Surrogacy Legal History: From Baby M Case to Gestational Carrier Act

The 1989 Baby M case outlawed surrogacy in New Jersey for 29 years. The 2018 Gestational Carrier Act reversed this, legalizing gestational surrogacy for couples, LGBTQ+ families, and singles while distinguishing it from genetic surrogacy.

Surrogate Eligibility Requirements in New Jersey

Surrogates in NJ must be at least 21 years old, have given birth before, and pass medical/psychological screenings. Agencies pre-screen candidates to ensure compliance with these legal requirements.

Surrogacy Contract Requirements for NJ Intended Parents

Contracts must include separate legal representation for intended parents and surrogates. Surrogates retain the right to choose their medical provider, and all fees must be specified in the agreement before embryo transfer.

NJ Pre-Birth Order (PBO) for Legal Parentage

Intended parents file a PBO with the Superior Court during the second trimester to secure legal rights. This order automatically lists their names on the birth certificate, bypassing adoption in most cases.

No Adoption Required for NJ Gestational Surrogacy

A pre-birth order (PBO) suffices to establish legal parentage in NJ. Adoption is unnecessary unless the PBO is contested, which is rare due to the Act’s comprehensive protections for intended parents.

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