Legal implications of surrogacy in New Jersey

Understanding Surrogacy Laws in New Jersey

Surrogacy, an arrangement where a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intended parents), has become an increasingly popular method of starting a family. However, this practice is governed by complex legal frameworks which vary significantly from state to state. In New Jersey, legislation has evolved to create a more favorable environment for surrogacy, but it still involves intricate legal considerations.

Legislative Evolution

The legal landscape of surrogacy in New Jersey has undergone significant change over the years. Historically, the case of Baby M (1988) was a landmark event that brought the issue of surrogacy contracts into the spotlight. In this case, the New Jersey Supreme Court declared surrogacy contracts to be against public policy, effectively banning compensated surrogacy agreements. However, this stance softened with the passage of time and evolving societal attitudes.

In 2018, the New Jersey Gestational Carrier Agreement Act was signed into law, which specifically allowed gestational surrogacy arrangements where the surrogate is not genetically related to the child. This act provided a framework for enforceable surrogacy agreements under certain conditions and offered clarity on the parental rights of the intended parents.

Key Legal Implications of Surrogacy in New Jersey

Gestational Carrier Agreements: In New Jersey, gestational carrier agreements must meet specific requirements to be considered valid and enforceable. The surrogate must have given birth at least once before and undergo a psychological evaluation. Additionally, both parties need independent legal counsel.

Parental Rights: The act simplifies the process of establishing parental rights for the intended parents. They can obtain a pre-birth order that will recognize them as the legal parents of the child immediately upon birth, avoiding the need for adoption proceedings.

Compensation: New Jersey law permits reasonable compensation for surrogates beyond medical and other expenses directly related to pregnancy and childbirth.

Surrogate's Rights: Surrogates retain the right to make decisions concerning their health and welfare during pregnancy. Furthermore, they cannot be compelled to terminate or continue a pregnancy against their wishes.

Intended Parents' Obligations: Intended parents are obligated to accept custody of and raise the resulting child or children, regardless of any genetic abnormalities or unforeseen medical conditions.

Navigating Surrogacy Arrangements

The complexities inherent in surrogacy arrangements necessitate careful navigation of legal channels. Intended parents and surrogates should engage attorneys who specialize in reproductive law to ensure all aspects of the agreement comply with New Jersey statutes and protect the rights of all parties involved.


Surrogacy in New Jersey is governed by laws designed to balance the interests and protect the rights of both intended parents and surrogates. As societal norms continue to evolve, so too does legislation surrounding this modern family-building avenue. Anyone considering surrogacy in New Jersey should stay informed about current laws and seek expert legal guidance.