New Jersey Surrogacy Laws

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New Jersey Surrogacy Laws

Gestational surrogacy is permitted in New Jersey under the New Jersey Gestational Carrier Agreement Act of 2018. The law provides for enforceable gestational carrier agreements and pre-birth orders if certain conditions are met.  

Traditional surrogacy is permitted under New Jersey case law, provided that it is uncompensated and there is no pre-birth agreement (Matter of Baby M (NJ 1988).). The court ruled that traditional surrogacy agreements are against public policy and are, therefore, unenforceable.

Gestational surrogacy and uncompensated traditional surrogacy are permitted and practiced throughout New Jersey cities like Newark, Jersey City, and Paterson.

Laws Concerning Parentage Orders in New Jersey

New Jersey allows for its courts to grant pre-birth parentage orders under the New Jersey Gestational Carrier Agreement Act of 2018. Courts will grant pre-birth parentage orders to married or unmarried, opposite-sex or same-sex couples using their own egg or sperm or a donor’s egg or sperm (N.J.S.A. 9:17-63.).  

Intended parents shall be named the legal parents of the child as long as both the intended parents and gestational carrier meet the eligibility requirements and the gestational carrier agreement meets the requirements (N.J.S.A. 9:17-63).

Egg and Sperm Donor Law in New Jersey

Under New Jersey statute, unless a person who donates gametes for use in assisted reproduction enters into a written contract to the contrary, the gamete donor is treated in law as not the legal parent of the child and has no rights or obligations pursuant to the conceived child (N.J.S.A. 9:17-66.).  

Neither the gestational carrier nor her spouse or partner, if any, will be the legal parent of the child (N.J.S.A. 9:17-63.).

New Jersey Stepparent and Second-Parent Adoption Law

New Jersey allows for its courts to grant stepparent adoptions to both opposite- and same-sex couples with a proper background check. If the couple is not married, a home study is required in addition to the background check. N.J.S.A. § 9:3-45, 46, 48 provides for who needs to be notified for adoptions and those who are eligible to object to adoptions.

Fertility Clinics in New Jersey

Connect with Baby Steps Surrogacy Center, Inc.

Help with your surrogacy journey is just a call or click away. Baby Steps Surrogacy Center, Inc. can walk you through New Jersey surrogacy laws and your best next steps. Start today by calling 412-281-9906 or reach us through the contact buttons at the top of this page.