Surrogacy in New Jersey: What Intended Parents May Expect From the Garden State
New Jersey Gestational Carrier Agreement Act permits surrogacy in New Jersey. However, this regulation applies only to gestational surrogacy. In contrast, traditional (genetic) surrogacy is allowed only if it’s on an uncompensated basis and no prior agreement to give the child after one’s been delivered. To terminate the surrogate mother’s parental rights and remove her name from the baby’s birth certificate, intended parents need to adopt one.
The surrogacy law in New Jersey also allows same-sex couples to have children through surrogacy. Male gay couples can obtain an initial birth certificate naming both partners as Parents, but only through a post-birth order. A biological dad will be named Father, and the non-biological parent can get parental rights through adoption within 3 months of the child’s birth.