Surrogacy is an increasingly popular option for individuals and couples who cannot conceive or carry a pregnancy themselves. In New Jersey surrogacy is legally recognized and governed by specific laws designed to protect all parties involved. This article provides a detailed overview of how surrogacy works, including the legal, medical, and financial aspects, with a focus on the laws and regulations in New Jersey.
What Is Surrogacy?
Surrogacy is an arrangement where a woman (the surrogate) carries and delivers a child for intended parents. There are two main types of surrogacy:
- Gestational Surrogacy – The most common form today, where an embryo created via in vitro fertilization (IVF) is implanted into the surrogate’s uterus. The surrogate has no genetic connection to the baby.
- Traditional Surrogacy – The surrogate is artificially inseminated with the intended father’s or a donor’s sperm and is genetically related to the child. This type is rarely used due to legal and emotional complexities.
In New Jersey, only gestational surrogacy is legally permitted under the New Jersey Gestational Carrier Agreement Act (2018).
Who Uses Surrogacy?
Surrogacy is an option for various individuals and couples, including:
- Couples struggling with infertility
- Same-sex couples (especially male couples)
- Single parents
- Women with medical conditions preventing pregnancy
- Women who have had a hysterectomy
According to the Centers for Disease Control and Prevention (CDC), about 5% of couples in the U.S. face infertility issues, and surrogacy provides a viable solution.
How Surrogacy Works in New Jersey
1. Finding a Surrogate
Intended parents can find a surrogate through:
- A surrogacy agency, which screens and matches surrogates with parents.
- A friend or family member willing to carry the pregnancy.
In New Jersey, a surrogate must meet certain requirements, including:
✅ Being at least 21 years old
✅ Having previously given birth to at least one child
✅ Undergoing medical and psychological screenings
2. Legal Process
Surrogacy agreements must comply with the New Jersey Gestational Carrier Agreement Act (2018). This law ensures that:
- The intended parents are legally recognized as the child’s parents.
- The surrogate has no parental rights over the child.
- The agreement is legally binding and must be established before embryo transfer.
- Both the surrogate and intended parents must have separate legal representation.
New Jersey is considered a surrogacy-friendly state, unlike some states where surrogacy is restricted or illegal.
3. Medical Process
The medical process involves several key steps:
- Embryo Creation – Eggs and sperm from the intended parents or donors are combined via IVF.
- Embryo Transfer – The healthiest embryo is implanted into the surrogate’s uterus.
- Pregnancy and Monitoring – The surrogate receives prenatal care and regular check-ups.
- Delivery and Parental Rights – Upon birth, legal documents ensure that the intended parents are recognized as the baby’s legal guardians.
4. Financial Considerations
Surrogacy can be expensive, with costs ranging from $90,000 to $150,000 in the U.S. In New Jersey, the total cost includes:
- Surrogate Compensation ($40,000–$60,000)
- Agency Fees ($20,000–$30,000)
- Medical Expenses (IVF and prenatal care)
- Legal Fees ($5,000–$10,000)
- Insurance Costs (maternity insurance for the surrogate)
Some insurance policies cover parts of surrogacy costs, but intended parents should check specific coverage options.
New Jersey Surrogacy Laws
The New Jersey Gestational Carrier Agreement Act (2018) legalizes and regulates gestational surrogacy. The key provisions include:
- Surrogacy contracts are enforceable if all legal criteria are met.
- Intended parents must be named on the birth certificate immediately after birth.
- Surrogates cannot be compensated beyond medical and pregnancy-related expenses unless otherwise agreed in the contract.
- Traditional surrogacy (where the surrogate is biologically related to the baby) is not legally recognized.
New Jersey offers strong legal protection for both surrogates and intended parents, making it one of the most surrogacy-friendly states in the U.S.
Ethical Considerations
Surrogacy raises ethical and emotional questions, including:
✔ Exploitation concerns – Ensuring that surrogates are fairly compensated and not financially coerced.
✔ Parental attachment – Managing emotional bonds between surrogates and the baby.
✔ Cultural and religious views – Some communities have ethical objections to surrogacy.
However, with proper legal protections, surrogacy can be a rewarding process for all parties.
