New Jersey just enacted a new surrogacy law. Here are five things you need to know about the new law.
- What are the biggest changes in New Jersey surrogacy?
The new New Jersey surrogacy law makes New Jersey a great state for surrogacy.
Surrogacy agreements are now enforceable in New Jersey.
Surrogates can now obtain payments in a New Jersey surrogacy. This is a huge change in New Jersey surrogacy law!
- Gestational surrogacy only
Only gestational surrogacy is allowed.
A gestational surrogate, also called a gestational carrier, carries an embryo not genetically related to her for a family, called intended parents.
The embryo is created with the intended parents’ ova and sperm or donated ova or sperm.
- Who can do a New Jersey surrogacy?
Either the intended parent or surrogate must reside in New Jersey.
The surrogate must be at least 21 years old and have given birth to at least one child.
The intended parent and surrogate must undergo medical and psychological evaluations.
The intended parent and surrogate must each have their own attorneys.
- What is a New Jersey surrogacy agreement?
A New Jersey surrogacy agreement is a written agreement between a surrogate and intended parents.
The surrogate agrees to undergo embryo transfer, attempt to carry and give birth to the child, and surrender custody to the intended parent immediately after birth.
The intended parent agrees to become the legal parent of the child immediately after birth and assume sole responsibility for the support of the child.
The surrogate can have her reasonable expenses paid. This is huge! New Jersey now permits payments to a surrogate.
The surrogate and intended parents must have medical and psychological evaluations.
They each need their own attorney.
- How do the intended parents become the child’s parents?
Shortly after a surrogate becomes pregnant, the intended parents obtain an order of parentage naming them as the child’s parents.
After the birth, the intended parents obtain a birth certificate naming them as the child’s parent.