Surrogacy, a complex yet increasingly common path to parenthood, is governed by specific laws and regulations in each state. For those considering surrogacy in New Jersey, understanding the legal landscape is crucial. Here are five key aspects of New Jersey surrogacy laws to consider:
- Gestational Surrogacy Contracts: In New Jersey, only gestational surrogacy contracts are enforceable under the Gestational Carrier Agreement Act of 2018. This means that the surrogate must not be genetically related to the child she carries. Instead, the embryo must be conceived using gametes from the intended parents or through gamete donation. Surrogacy arrangements where the surrogate is genetically related to the child are treated as adoptions, rendering any surrogacy contract unenforceable.
- Legal Requirements for Parties: Both intended parents and prospective surrogates must meet specific eligibility criteria. Intended parents must undergo a psychological evaluation and be represented by an attorney to discuss the terms of the agreement. Prospective surrogates must be at least 21 years old, have given birth to at least one child, and undergo medical and psychological evaluations. Each party must have separate legal representation to ensure their rights and obligations are protected.
- Compensation for Expenses: While surrogates in New Jersey cannot receive compensation for their services, they are entitled to reimbursement for reasonable expenses incurred during the surrogacy process. These expenses may include medical, legal, and living expenses. Surrogacy attorneys help outline permissible payments in the contract to ensure compliance with New Jersey law.
- Pre-Birth Parentage Orders: Intended parents can obtain pre-birth parentage orders if they adhere to the requirements of the New Jersey surrogacy act and enter into a legally compliant agreement. This order legally establishes the intended parents as the child’s legal parents before birth, facilitating the process of obtaining a birth certificate with their names.
- Legal Standards for Agreements: Gestational carrier agreements must adhere to specific standards to be legally enforceable. These agreements must be in writing and signed by all parties involved, including the gestational carrier, her spouse (if applicable), and each intended parent. The agreement must outline the responsibilities of the gestational carrier and the intentions of the intended parents regarding custody and support of the child.
Beyond these key points, understanding the broader legal framework and practical considerations is essential for navigating surrogacy in New Jersey:
- Legal Framework: New Jersey’s legal framework for surrogacy revolves around the Gestational Carrier Agreement Act of 2018, which aims to protect the rights of all parties involved.
- Gestational Surrogacy: New Jersey permits gestational surrogacy, where the surrogate is not genetically related to the child, making it a popular option for intended parents.
- Requirements for Intended Parents and Surrogates: Both parties must meet specific criteria and undergo evaluations to ensure their suitability for the surrogacy process.
- Compensation and Expenses: Surrogates can receive reimbursement for reasonable expenses, but commercial surrogacy is prohibited.
- Parental Establishment: Intended parents must take legal steps to establish their parental rights after the child’s birth, often through a court-issued parentage order.
- Surrogacy Agencies and Professionals: Many individuals and couples work with surrogacy agencies and professionals who provide support and guidance throughout the process.
- Public Perception and Acceptance: Surrogacy is gaining increased acceptance in New Jersey and across the United States as advancements in reproductive technologies continue.
