New Jersey Surrogacy Laws
Stance of Courts Toward Surrogacy
Surrogacy is permitted and regulated by statute.
Intended Parents Marital Status / Establishing Parentage
-pre-birth parentage orders can readily be obtained by any Intended Parent, regardless of sexual orientation, gender identity, marital status, or genetic connection to the child.
Money Permitted?
May be compensated for reasonable expenses.
Summary of Law
New Jersey law allows for enforceable gestational carrier agreements and pre-birth orders establishing parentage.
Cases, Additional Info
The New Jersey Gestational Carrier Agreement Act of 2018 legalized gestational surrogacy in the state. Under case law, Traditional Surrogacy is permitted in New Jersey if it is uncompensated and if there is no pre-birth agreement to surrender the child. Traditional Surrogacy agreements are unenforceable.