This guide provides an overview of surrogacy in the U.S. Issues discussed cover types of surrogacy and agreements included as part of the process. Links to state-specific laws are included.
New Jersey Legal Guide to Surrogacy — Surrogate: A Detailed Description Surrogacy, a legal arrangement where a woman agrees to carry and give birth to a child for another individual or couple, has gained significant popularity in recent years. For those interested in pursuing surrogacy in the state of New Jersey, understanding the relevant laws and regulations is crucial. This Legal guide provides comprehensive information about the surrogacy process, various types of surrogacy arrangements, and the legal aspects involved in New Jersey. 1. Traditional Surrogacy: In traditional surrogacy, also known as genetic or partial surrogacy, the surrogate mother is biologically related to the child she carries. This is because she uses her own egg, which is fertilized with the intended father's sperm through artificial insemination. 2. Gestational Surrogacy: Unlike traditional surrogacy, gestational surrogacy involves the use of an embryo created through in vitro fertilization (IVF) with the egg and sperm of the intended parents or donors. The surrogate, also known as a gestational carrier, has no genetic connection to the child she carries. In New Jersey, the law is considered favorable for surrogacy arrangements. The New Jersey Gestational Carrier Agreement Act, which came into effect in 2018, provides a legal framework for gestational surrogacy and protects the rights of both the intended parents and gestational carriers. It ensures that the intended parents are recognized as the legal parents of the child, and the surrogate has the right to make decisions concerning her health and well-being during the pregnancy. To initiate the surrogacy process in New Jersey, it is recommended to consult an experienced attorney specializing in reproductive law. The attorney will guide the intended parents and the surrogate through the legal requirements and necessary documentation, such as the gestational carrier agreement, which outlines the rights and responsibilities of both parties. Additionally, the intended parents may need to undergo a psychological evaluation as part of the surrogacy process, ensuring that they are emotionally prepared for the journey. This is crucial in surrogacy cases, as the relationships formed between the intended parents and the surrogate can be highly intimate and personal. It's important to note that compensation for surrogates in New Jersey is permitted. The intended parents are responsible for covering the surrogate's reasonable expenses related to the pregnancy, such as medical and legal fees, maternity clothing, and travel expenses. In conclusion, New Jersey offers a supportive legal environment for individuals or couples seeking surrogacy arrangements. With the availability of both traditional and gestational surrogacy, those interested in pursuing surrogacy in New Jersey have various options to explore. By adhering to the legal processes and seeking professional guidance, intended parents and surrogates can navigate the surrogacy journey with confidence and clarity.New Jersey Legal Guide to Surrogacy — Surrogate: A Detailed Description Surrogacy, a legal arrangement where a woman agrees to carry and give birth to a child for another individual or couple, has gained significant popularity in recent years. For those interested in pursuing surrogacy in the state of New Jersey, understanding the relevant laws and regulations is crucial. This Legal guide provides comprehensive information about the surrogacy process, various types of surrogacy arrangements, and the legal aspects involved in New Jersey. 1. Traditional Surrogacy: In traditional surrogacy, also known as genetic or partial surrogacy, the surrogate mother is biologically related to the child she carries. This is because she uses her own egg, which is fertilized with the intended father's sperm through artificial insemination. 2. Gestational Surrogacy: Unlike traditional surrogacy, gestational surrogacy involves the use of an embryo created through in vitro fertilization (IVF) with the egg and sperm of the intended parents or donors. The surrogate, also known as a gestational carrier, has no genetic connection to the child she carries. In New Jersey, the law is considered favorable for surrogacy arrangements. The New Jersey Gestational Carrier Agreement Act, which came into effect in 2018, provides a legal framework for gestational surrogacy and protects the rights of both the intended parents and gestational carriers. It ensures that the intended parents are recognized as the legal parents of the child, and the surrogate has the right to make decisions concerning her health and well-being during the pregnancy. To initiate the surrogacy process in New Jersey, it is recommended to consult an experienced attorney specializing in reproductive law. The attorney will guide the intended parents and the surrogate through the legal requirements and necessary documentation, such as the gestational carrier agreement, which outlines the rights and responsibilities of both parties. Additionally, the intended parents may need to undergo a psychological evaluation as part of the surrogacy process, ensuring that they are emotionally prepared for the journey. This is crucial in surrogacy cases, as the relationships formed between the intended parents and the surrogate can be highly intimate and personal. It's important to note that compensation for surrogates in New Jersey is permitted. The intended parents are responsible for covering the surrogate's reasonable expenses related to the pregnancy, such as medical and legal fees, maternity clothing, and travel expenses. In conclusion, New Jersey offers a supportive legal environment for individuals or couples seeking surrogacy arrangements. With the availability of both traditional and gestational surrogacy, those interested in pursuing surrogacy in New Jersey have various options to explore. By adhering to the legal processes and seeking professional guidance, intended parents and surrogates can navigate the surrogacy journey with confidence and clarity.
