Surrogacy is a powerful and compassionate way to help others grow their families, but becoming a surrogate — especially in a state like New Jersey with specific legal requirements — involves thoughtful planning and understanding of the process.
Whether you’re motivated by the desire to help others or are exploring surrogacy as a financial opportunity, here’s a full breakdown of what it takes to become a surrogate in New Jersey, including legal regulations, medical qualifications, compensation ranges, and more.
Is Surrogacy Legal in New Jersey?
Yes — gestational surrogacy is legal and protected in New Jersey under the New Jersey Gestational Carrier Agreement Act, which came into effect in May 2018. This law allows enforceable gestational surrogacy contracts, provided certain conditions are met.
Key Legal Highlights:
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The surrogate (referred to as the gestational carrier) must not be genetically related to the baby (i.e., no traditional surrogacy).
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A gestational carrier agreement must be in place before embryo transfer.
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Both parties (intended parents and surrogate) must have independent legal counsel.
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The surrogate must undergo medical and psychological evaluations.
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A court pre-birth order can establish the intended parents’ legal rights before the child is born.
This legal clarity has made New Jersey a surrogate-friendly state — a dramatic shift from its previous stance before 2018, when surrogacy agreements were not enforceable.
Medical & Psychological Requirements
To become a surrogate in New Jersey, you typically must meet certain health standards set by fertility clinics and surrogacy agencies. These are in place to protect both your health and the health of the baby.
General Medical Qualifications:
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Age between 21 and 45 years
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At least one prior successful full-term pregnancy
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No more than 5 vaginal births or 3 C-sections
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No major complications during previous pregnancies
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Non-smoker, drug-free, and in good overall physical health
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BMI typically under 32 (though varies by clinic)
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Must pass a full medical exam, including uterine screening
Psychological Screening:
Surrogates also undergo mental health evaluations to ensure emotional readiness. You’ll speak with a licensed mental health professional to discuss your motivations, expectations, and ability to handle the complex emotional aspects of surrogacy.
How Much Do Surrogates Get Paid in New Jersey?
Compensation varies depending on your experience and the agency or intended parents. However, surrogates in New Jersey can typically expect to receive:
First-Time Surrogate:
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$40,000 to $50,000 base compensation
Experienced Surrogate:
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$55,000 to $70,000 or more
Additional reimbursements often include:
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Monthly allowance: $200–$300 for expenses
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Maternity clothing allowance: $500–$1,000
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Travel costs: if travel to a fertility clinic is required
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Embryo transfer fee: $500–$1,000
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Multiples bonus: often $5,000 or more
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C-section bonus: typically $2,500–$3,000
These payments are typically made in installments throughout the pregnancy as milestones are met, and are outlined in your legal agreement.
Working with a Surrogacy Agency vs. Going Independent
Most surrogates in New Jersey choose to work with a licensed surrogacy agency, which provides support, legal representation, medical coordination, and financial management.
Benefits of Using an Agency:
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Matches you with intended parents
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Handles paperwork and legal contracts
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Ensures ethical standards are met
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Offers 24/7 support
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Manages payment schedule and escrow accounts
Some agencies operating in or accepting surrogates from New Jersey include:
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Circle Surrogacy
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Surrogate First
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Reproductive Possibilities (NJ-based)
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Creative Family Connections
Going independent is also an option, but you’ll need to handle finding intended parents, coordinating with lawyers, and managing contracts yourself — which can be complex.
Step-by-Step: How to Become a Surrogate in New Jersey
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Research and decide if surrogacy is right for you
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Choose an agency (or go independent)
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Submit a surrogate application
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Complete health and psychological screenings
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Get matched with intended parents
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Sign a legal surrogacy contract (with independent representation)
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Begin the IVF and embryo transfer process
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Attend regular checkups and carry the pregnancy
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Deliver the baby and complete post-birth legal steps
Risks and Considerations
While emotionally rewarding and legally protected in New Jersey, surrogacy comes with important risks:
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Physical risks from fertility medications, pregnancy, and delivery
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Emotional complexities in carrying a child for someone else
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Time commitment (typically 12–18 months from application to delivery)
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Need for strong support system (partner, family, etc.)
