Surrogacy is an extraordinary gift — offering individuals and couples the opportunity to grow their families when they otherwise couldn’t. If you’re considering becoming a surrogate mother in New Jersey, it’s important to understand the legal requirements, medical process, and emotional journey involved. This article will walk you through everything you need to know, backed by facts, figures, and expert guidelines.
Understanding Surrogacy in New Jersey
Surrogacy is a legal and regulated process in New Jersey, thanks to the New Jersey Gestational Carrier Agreement Act, which was signed into law on May 30, 2018. Before this law, surrogacy agreements in New Jersey were complicated and not legally enforceable.
Today, gestational surrogacy (where the surrogate has no genetic link to the child) is legally recognized. The law ensures that intended parents and gestational carriers (the surrogates) can enter legally binding contracts to protect everyone’s rights and responsibilities.
Step 1: Meet the Basic Requirements
In New Jersey, there are some standard eligibility criteria you must meet to become a surrogate:
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Age: Generally between 21 and 45 years old.
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Health: Must be in good physical and mental health.
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Pregnancy History: Must have given birth to at least one child without major complications.
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Non-Smoker: No tobacco, drug, or alcohol abuse.
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Financial Stability: Should not be relying on surrogacy compensation as the sole source of income.
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Residency: Must be a U.S. citizen or a legal resident — living in New Jersey is ideal for logistical and legal reasons.
These guidelines are largely recommended by both the American Society for Reproductive Medicine (ASRM) and reputable surrogacy agencies.
Step 2: Undergo Screening
Surrogacy agencies and fertility clinics will perform comprehensive screening, including:
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Medical Evaluations: Physical exams, bloodwork, fertility tests, and infectious disease screenings.
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Psychological Screening: Ensures you are emotionally prepared for the journey.
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Background Checks: Criminal and sometimes financial background checks are common.
According to a 2021 survey by the Society for Assisted Reproductive Technology (SART), over 95% of surrogacy programs in the U.S. require thorough psychological evaluations before matching surrogates with intended parents.
Step 3: Match with Intended Parents
Once approved, you’ll be matched with intended parents based on mutual preferences. Agencies typically facilitate this, ensuring compatibility regarding values, communication styles, and expectations.
In New Jersey, matching times can vary but usually take between 1 to 6 months depending on the agency and your criteria.
Step 4: Legal Contract
Before any medical procedures begin, both the surrogate and intended parents must sign a Gestational Carrier Agreement. New Jersey law requires each party to have separate legal representation.
The contract covers:
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Financial compensation
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Medical decision-making
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Parental rights
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Expectations during pregnancy
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Procedures for unexpected events (like miscarriage or multiple births)
This legal step is vital. Without it, a surrogacy arrangement cannot proceed under New Jersey law. It ensures that after birth, the intended parents’ names are immediately placed on the baby’s birth certificate — avoiding lengthy court procedures.
Step 5: Medical Process
Here’s what the medical part of surrogacy usually involves:
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Fertility Treatments: As a gestational carrier, you’ll undergo in vitro fertilization (IVF) using embryos created from the intended parents’ or donors’ egg and sperm.
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Medication Protocols: You may need hormonal treatments (like estrogen and progesterone) to prepare your uterus.
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Embryo Transfer: A minor, usually painless procedure to implant the embryo.
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Pregnancy Confirmation: A blood test confirms pregnancy about 10–14 days post-transfer.
Once pregnancy is confirmed, you’ll receive prenatal care just like any traditional pregnancy.
According to the Centers for Disease Control and Prevention (CDC), the average success rate for gestational carrier embryo transfers in 2021 was approximately 54% per transfer attempt.
Step 6: Pregnancy and Delivery
Throughout your pregnancy, you’ll attend regular OB/GYN appointments and may also have check-ins with the intended parents.
Important notes during this phase:
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Communication: Keeping the intended parents updated helps build trust and emotional connection.
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Support System: Many surrogates find it helpful to have counselors or surrogacy support groups, especially for emotional challenges.
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Hospital Planning: Birth plans are made in advance with the intended parents and hospital staff.
In most cases, the intended parents are present for the birth.
Compensation for Surrogates in New Jersey
While surrogacy is a generous act, compensation is a fair and legal part of the process. Surrogates in New Jersey typically receive between $35,000 and $55,000, depending on experience and the arrangement.
Additional reimbursements include:
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Maternity clothing
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Lost wages
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Childcare costs
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Medical expenses not covered by insurance
Some agencies offer additional bonuses for milestones like signing the contract, embryo transfer, or multiple births.
Emotional and Psychological Considerations
Becoming a surrogate is deeply rewarding but can be emotionally complex. Studies published by the Journal of Women’s Health show that most surrogates report positive emotional experiences, but some may experience postpartum sadness, especially around separation after birth.
Having access to counseling and strong emotional support throughout the journey is crucial.
Why Choose New Jersey for Surrogacy?
New Jersey is considered one of the most surrogacy-friendly states because:
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Surrogacy contracts are legally recognized and enforceable.
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Pre-birth orders simplify the legal parentage process.
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Access to top-rated fertility clinics (e.g., Reproductive Medicine Associates of New Jersey).
This makes New Jersey a popular destination for both domestic and international intended parents.
