Surrogacy is a complex and emotionally charged process that allows individuals or couples who are unable to carry a pregnancy to have a child. In New Jersey, surrogacy has been legal since 2018, when the state enacted the New Jersey Gestational Carrier Agreement Act. This comprehensive guide will walk you through the steps of becoming a surrogate in New Jersey, providing essential information, facts, and figures to help you make an informed decision.
Understanding Surrogacy in New Jersey
Before diving into the process of becoming a surrogate, it’s crucial to understand the legal landscape in New Jersey. The state recognizes two types of surrogacy:
- Gestational surrogacy: The surrogate carries a child created using the intended parents’ or donors’ genetic material. The surrogate has no genetic connection to the child.
- Traditional surrogacy: The surrogate’s own egg is used, making her genetically related to the child. This type is less common and more legally complex.
New Jersey law primarily focuses on gestational surrogacy, which is the more widely accepted and practiced form.
Steps to Become a Surrogate in New Jersey
- Meet the Basic Requirements
To become a surrogate in New Jersey, you must meet certain criteria:
- Be at least 21 years old
- Have given birth to at least one child
- Be in good physical and mental health
- Have a stable living situation
- Pass a comprehensive background check
- Be a U.S. citizen or legal permanent resident
- Choose a Surrogacy Agency or Independent Path
You can either work with a surrogacy agency or pursue an independent surrogacy. Agencies provide support, screening, and matching services, while independent surrogacy requires more self-management but may offer more control over the process.
- Complete Medical and Psychological Screenings
Thorough medical and psychological evaluations are necessary to ensure you’re physically and emotionally prepared for surrogacy. These typically include:
- Physical exam
- Fertility assessment
- Infectious disease screening
- Psychological evaluation
- Drug and alcohol screening
- Create a Surrogacy Profile
If working with an agency, you’ll create a profile that helps intended parents learn about you. This usually includes information about your background, family, and reasons for wanting to be a surrogate.
- Match with Intended Parents
The matching process involves finding intended parents whose preferences and expectations align with yours. This may include discussions about compensation, contact during pregnancy, and views on sensitive issues like selective reduction or termination.
- Legal Contract and Counseling
Once matched, you’ll work with an attorney to draft a surrogacy contract. New Jersey law requires both parties to have separate legal representation. The contract will cover:
- Compensation
- Medical procedures
- Risks and liabilities
- Parental rights
- Expectations during pregnancy and delivery
- Begin the Medical Process
After legal agreements are in place, you’ll start the medical procedures, which may include:
- Fertility medications
- Embryo transfer
- Regular prenatal check-ups
- Pregnancy and Delivery
Throughout the pregnancy, you’ll maintain regular communication with the intended parents and follow the agreed-upon terms of your contract. After delivery, the baby is united with the intended parents.
The Surrogacy Process: A Step-by-Step Guide
The surrogacy journey involves several stages, from initial application to delivery. Here is a general timeline and what to expect at each step:
- Pre-Screening (1-2 Weeks): After you submit your surrogacy application, the pre-screening process begins. This includes providing references, completing an in-home interview, and submitting initial medical records. This step helps the surrogacy agency assess your suitability and begin the matching process.
- Medical Records Pre-Approval (2-4 Weeks): Your medical history will be reviewed by the IVF clinic to ensure you meet the health requirements necessary for surrogacy.
- Psychological Screening (2-3 Weeks): A psychological evaluation is conducted to ensure you are mentally and emotionally prepared for the surrogacy journey. This step is crucial for your well-being and the success of the process.
- Meeting Intended Parents & Matching (4-6 Weeks): Once you pass the initial screenings, you will meet potential intended parents. The goal is to find a match that aligns with both your and the intended parents’ expectations and preferences.
- Legal Contracts (4-6 Weeks): After matching, a legal contract is drafted and signed. This contract outlines the rights and responsibilities of all parties involved, ensuring legal protection for you and the intended parents.
- Medical Screening (2-4 Weeks): Comprehensive medical evaluations are performed to confirm your health and readiness for embryo transfer.
- Cycling Medications, Monitoring Appointments & First Embryo Transfer (4-6 Weeks): You will begin a regimen of medications to prepare your body for the embryo transfer. This phase includes monitoring appointments to track your response to the medications and the scheduling of the embryo transfer.
- Pregnancy Test & Ultrasound Monitoring (2 Weeks): After the embryo transfer, a pregnancy test will be conducted, followed by ultrasound appointments to monitor the pregnancy’s progress.
- Discharge to OBGYN (Week 10): By around the 10th week of pregnancy, you will transition your care to your OBGYN, continuing with regular prenatal appointments for the remainder of the pregnancy.
Duration of the Surrogacy Process
The entire surrogacy process, from initial application to delivery, typically spans 13 to 18 months. This timeline includes:
- Application to Match: 3 to 6 weeks
- Medical and Psychological Screening: 6 to 8 weeks
- Embryo Transfer to Pregnancy Confirmation: 6 to 8 weeks
- Pregnancy Duration: Approximately 40 weeks
Factors that can affect the timeline include the speed of document submission, medical and psychological evaluations, and the success of the embryo transfer.
Key Considerations Before Applying
Deciding to become a surrogate is a significant commitment. Before applying, consider the following:
- Family and Support Network: Have you discussed your decision with your family and support network? Their understanding and support are crucial throughout your surrogacy journey.
- Meeting Requirements: Ensure you meet the basic requirements to become a surrogate, such as age, health status, and prior pregnancy history.
- Expectations and Preferences: What are you looking for in your intended parents? Consider what qualities are important to you in this partnership.
- Surrogacy Journey: Reflect on what you hope to achieve and experience throughout the surrogacy process. Understanding your own goals and motivations can help guide you through this profound journey.
