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.

Surrogacy is a complex and emotionally charged journey that offers intended parents the opportunity to have a child when they may not be able to do so through traditional means. In New Jersey, gestational surrogacy is a legally recognized and regulated process, providing a framework for intended parents and surrogates to navigate this unique path to parenthood.

What is Surrogacy?

In a surrogacy arrangement, a woman (called a surrogate) consents to bear and give birth to a child on behalf of another individual or couple (called the intended parents). Although the surrogate bears the pregnancy and gives birth, she is not the child’s genetic relative.In vitro fertilization (IVF) is used to develop an embryo using the intended parents’ or donor’s egg and sperm in gestational surrogacy, which is the most popular type of surrogacy in New Jersey. After that, the surrogate takes the pregnancy to term after receiving this embryo in her uterus.

How Does Surrogacy Work?

The surrogacy process typically involves several key steps:

Locating a Surrogate: To find possible surrogates, intended parents might use independent matching systems or surrogacy services. Although agencies frequently possess a pool of pre-screened applicants, independent matching offers greater flexibility but necessitates further screening.
Medical and Psychological Evaluations: To make sure they are emotionally and physically ready for the surrogacy process, both the intended parents and the surrogate go through extensive medical and psychological evaluations.
Legal Contract: Between the intended parents and the surrogate, a legally binding agreement is made that specifies the obligations, rights, and expectations of each party. This contract, which has to abide by state regulations, is an essential part of the surrogacy procedure in New Jersey.
In Vitro Fertilization (IVF) Process: Using donor gametes or the intended parents’ egg and sperm, embryos are created by IVF. When a viable embryo is obtained, the pregnancy is started by transferring it to the surrogate’s uterus.
Pregnancy and Delivery: Under the guidance and assistance of medical specialists, the surrogate takes the pregnancy to term. The surrogate gives up all parental rights upon delivery, and the intended parents are acknowledged as the child’s legal parents.

Surrogacy Laws in New Jersey

Since the historic Baby M case in 1988, which laid the groundwork for the state’s surrogacy rules and regulations, gestational surrogacy has been permitted in New Jersey. The state regulates surrogacy agreements with particular requirements, such as:

1. Surrogate Age and Requirements: The surrogate needs to have given birth before and be at least 21 years old. She also needs to be evaluated psychologically and medically to make sure she’s a good fit for the procedure.
2. Legal Contract: The prospective parents and the surrogate must enter into a binding legal agreement. This agreement covers all parties’ rights, obligations, and expectations. It also includes clauses on payment, health care costs, and any legal problems.
3.Traditional Surrogacy: New Jersey forbids the use of a traditional surrogate’s egg in surrogacy cases. It is only permitted to use gestational surrogacy, in which the intended parents or donors supply the egg and sperm.
4. Parentage Establishment: The intended parents are acknowledged as the child’s legal parents upon delivery, and the surrogate gives up all parental rights.

While surrogacy is legal in New Jersey, it’s crucial to remember that the state has complicated rules and regulations. To ensure compliance and safeguard everyone’s rights, it’s best to engage with knowledgeable reproductive law attorneys.

Surrogacy Agencies in New Jersey

Surrogacy organisations are vital to the surrogacy process since they offer resources, support, and direction to intended parents and surrogates alike. About 20 surrogacy firms are active in or provide services to the state of New Jersey, according to the American Society for Reproductive Medicine.
From matching to legal procedures and medical procedure coordination, these firms may help intended parents with every step of the surrogacy process. Typically, they have a pool of pre-screened surrogate candidates.

Finding a Surrogate

To discover a possible surrogate, intended parents in New Jersey have additional options besides working with surrogacy organisations. They might look into independent matching platforms or personal recommendations.
Online forums and support groups can be quite helpful for meeting possible surrogates and learning from other people who have been through the surrogacy process.
Whichever strategy you choose, it’s imperative to carefully screen possible surrogates, run background checks on them, and make sure they comply with all applicable laws in New Jersey.

Whose Egg is Used in Surrogacy?

The egg used in gestational surrogacy arrangements usually comes from an egg donor or the intended mother. Statistics show that the intended mother’s egg is used in around 80% of gestational surrogacy instances, with an egg donor being involved in the remaining 20% of cases.
The surrogate has no genetic ties to the kid she bears and does not supply the egg. This is a crucial contrast between traditional surrogacy—in which the surrogate’s egg is used—and gestational surrogacy.

Even though it’s still a rather uncommon practice, surrogacy has grown in popularity recently. In 2019, 350 gestational surrogate births were reported in New Jersey, accounting for approximately 4.5% of all gestational surrogate births in the United States, according to data from the Centres for Disease Control and Prevention (CDC).
It’s important to keep in mind that not all surrogacy agreements may be represented by these numbers because some may go unreported or entail intended parents from other states travelling to New Jersey for the surrogacy procedure.

Tag: Surrogacy Work

How Does Surrogacy Work? A Comprehensive Guide for New Jersey