Surrogacy Laws in New Jersey: What Intended Parents Need to Know

May 18, 2025 by admin

Surrogacy is an increasingly popular path to parenthood for many individuals and couples who are unable to conceive or carry a pregnancy. For those considering this journey in New Jersey, understanding the state’s surrogacy laws is critical to ensuring a smooth and legally sound process. Fortunately, New Jersey is among the most surrogacy-friendly states in the U.S., thanks to the enactment of the New Jersey Gestational Carrier Agreement Act (NJGCAA) in 2018.

This article provides a comprehensive overview of surrogacy in New Jersey, outlining key legal provisions, eligibility criteria, contractual requirements, and important considerations for intended parents.

The Legal Framework: The New Jersey Gestational Carrier Agreement Act

Before 2018, New Jersey had a restrictive stance on surrogacy, notably following the famous “Baby M” case in 1988. However, the tide turned with the NJGCAA, which legalized enforceable gestational surrogacy contracts and clarified the rights of all parties involved. This law provides a solid legal framework to protect both the intended parents and the gestational carrier (surrogate).

Who Can Be an Intended Parent?

Under New Jersey law, intended parents do not have to be married or heterosexual. The law is inclusive and progressive:

Single individuals, married couples, unmarried partners, and LGBTQ+ individuals or couples are all eligible.
There is no residency requirement, although either the surrogate or at least one intended parent must reside in New Jersey, or the birth must occur within the state for the law to apply.

Before proceeding, intended parents must:

Undergo a psychological evaluation.
Retain independent legal counsel separate from the surrogate’s attorney.

This ensures that intended parents are mentally, emotionally, and legally prepared for the journey ahead.

Requirements for Gestational Carriers (Surrogates)

Not just anyone can become a gestational carrier under New Jersey law. The surrogate must meet specific criteria:

Be at least 21 years old.
Have previously given birth to at least one child.
Complete a medical evaluation confirming her ability to carry a pregnancy.
Undergo psychological counseling.
Have independent legal representation to fully understand the contract and her rights.

These requirements are designed to ensure that the surrogate is physically and emotionally ready for the responsibilities involved.

The Gestational Carrier Agreement

The contract between the intended parents and the surrogate is at the heart of the process. To be enforceable under the NJGCAA, the agreement must be:

In writing and signed prior to any medical procedures.
Voluntary, with all parties represented by independent legal counsel.
Include provisions stating that:
- The surrogate agrees to undergo embryo transfer and carry the child.
- She will relinquish parental rights immediately upon birth.
- The intended parents accept full parental responsibilities.

Additionally, the surrogate has the right to:

Choose her own medical provider.
Make independent decisions regarding her health, including decisions during labor and delivery.

Parental Rights and Pre-Birth Orders

One of the greatest legal advantages of surrogacy in New Jersey is the availability of pre-birth orders. These court-issued documents establish the intended parents as the legal parents before the baby is born.

This allows the child’s birth certificate to be issued in the names of the intended parents, streamlining hospital procedures and removing the need for post-birth adoption.

Compensation and Expenses

While commercial surrogacy (i.e., paying a surrogate a profit for her services) is not allowed, the law permits reasonable compensation for the surrogate’s expenses, including:

Medical and hospital expenses
Legal fees
Mental health counseling
Insurance costs
Pregnancy-related living expenses (e.g., maternity clothes, travel for appointments)

All financial terms must be clearly outlined in the gestational carrier agreement to avoid disputes.

A Real-Life Example

Imagine a same-sex married couple living in New York who match with a gestational surrogate in New Jersey. They each retain legal counsel and execute a detailed gestational carrier agreement. Once the surrogate passes medical and psychological evaluations, the couple proceeds with IVF using one partner’s sperm and a donor egg. Before the birth, they obtain a pre-birth order, ensuring their names will be on the birth certificate. When their baby is born, they leave the hospital as legal parents — with no additional legal hurdles.

Final Thoughts

New Jersey stands out as a surrogacy-friendly state, offering clear legal protections and inclusive access for a diverse range of intended parents. The New Jersey Gestational Carrier Agreement Act ensures that all parties — from hopeful parents to selfless surrogates — are treated fairly and respectfully.

If you’re considering surrogacy in New Jersey, it’s essential to:

Partner with a reputable fertility clinic.
Hire an experienced surrogacy attorney.
Work with a licensed surrogacy agency, if needed.

With the right preparation and legal support, surrogacy in New Jersey can be a safe, ethical, and life-changing journey toward building a family.

Understanding Gestational Surrogacy Law in New Jersey: Legal Framework & Recent Changes

by admin

Gestational surrogacy is an increasingly sought-after path to parenthood for many individuals and couples facing infertility, same-sex couples, and single parents by choice. However, the legality of surrogacy varies from state to state — and New Jersey has experienced significant shifts in its legal stance over the past decade.

In this article, we break down the current legal framework of gestational surrogacy in New Jersey, highlight the recent legislative changes, and provide real-world context for intended parents and surrogates.

What Is Gestational Surrogacy?

Gestational surrogacy is a legal and medical arrangement in which a woman (the gestational carrier) agrees to carry a pregnancy for intended parents. The key feature is that the carrier is not genetically related to the child — the embryo is created via IVF using the egg and sperm from the intended parents or donors.

Historical Context: Surrogacy Was Once Illegal in New Jersey

For decades, New Jersey was one of the most restrictive states regarding surrogacy. The turning point was the infamous “Baby M” case in 1988, in which the New Jersey Supreme Court ruled that a traditional surrogacy agreement (involving the surrogate’s own egg) was unenforceable.

While the Baby M case involved traditional surrogacy, it led to a broader legal chill around all surrogacy arrangements — even gestational ones.

Major Shift: The New Jersey Gestational Carrier Agreement Act (2018)

The legal landscape changed dramatically with the passage of the Gestational Carrier Agreement Act on May 30, 2018, which took effect in January 2019. This law legalized and regulated gestational surrogacy in New Jersey for the first time.

Key Features of the 2018 Law:

✅ Enforceable contracts: Gestational carrier agreements are now legally binding under New Jersey law.
✅ No genetic link required: The law specifically applies to gestational surrogacy (not traditional surrogacy).
✅ Pre-birth parentage orders: Intended parents can obtain legal parental rights before the birth of the child.
✅ Compensation allowed: Surrogates can be compensated for reasonable expenses and services.
✅ Independent legal counsel: Both the surrogate and intended parents must have separate legal representation.

Eligibility Requirements

The Act sets forth clear eligibility criteria for both parties:

Intended Parents Must:

Be at least 18 years old
Have a medical need for surrogacy (infertility, medical condition, etc.)
Undergo a mental health consultation

Gestational Carriers Must:

Be at least 21 years old
Have previously given birth to at least one child
Complete medical and psychological evaluations
Have independent legal counsel (paid for by the intended parents)

Real-World Example: Successful Case in 2020

In 2020, a same-sex male couple from Essex County entered into a gestational carrier agreement with a woman from Union County. Using an egg donor and one partner’s sperm, a child was conceived and a pre-birth order was issued by the Superior Court of New Jersey.

Both men were listed as the legal parents on the birth certificate, and the carrier had no parental rights. This was one of hundreds of successful surrogacy cases processed under the new law since 2019.

Surrogacy Trends in New Jersey

According to the Society for Assisted Reproductive Technology (SART), New Jersey saw a 38% increase in gestational carrier cycles from 2019 to 2023.
The New Jersey Division of Child Protection & Permanency reports over 1,000 pre-birth orders approved statewide since the Act took effect.
97% of agreements filed meet statutory standards and are approved without issue, according to family law practitioners.

Comparison With Other States

State	Gestational Surrogacy Legal?	Pre-Birth Orders?	Compensation Allowed?
New Jersey	✅ Yes (since 2019)	✅ Yes	✅ Yes
New York	✅ Yes (since 2021)	✅ Yes	✅ Yes
Michigan	❌ Illegal	❌ No	❌ No
California	✅ Yes	✅ Yes	✅ Yes

New Jersey now stands among the most surrogacy-friendly states in the U.S., alongside California, Nevada, and Connecticut.

Legal Considerations and Best Practices

Work with a surrogacy lawyer: Contracts and pre-birth orders must comply strictly with statutory requirements.
Use an accredited agency: Agencies help match intended parents and surrogates and ensure compliance.
Consider insurance and liability: Ensure the carrier has adequate health coverage that applies to pregnancy and surrogacy.

Final Thoughts

With the Gestational Carrier Agreement Act, New Jersey has made it safe, legal, and clearly defined for families to pursue surrogacy. The law offers legal protection for all parties and facilitates a smooth path to parenthood — but it’s critical to follow the process correctly.

For those considering gestational surrogacy in New Jersey, consult a reproductive law attorney to ensure compliance with all aspects of the law.

How to Become a Surrogate in New Jersey: Legal, Medical, and Financial Guide

May 11, 2025 by admin

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:

The surrogate (referred to as the gestational carrier) must not be genetically related to the baby (i.e., no traditional surrogacy).
A gestational carrier agreement must be in place before embryo transfer.
Both parties (intended parents and surrogate) must have independent legal counsel.
The surrogate must undergo medical and psychological evaluations.
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:

Age between 21 and 45 years
At least one prior successful full-term pregnancy
No more than 5 vaginal births or 3 C-sections
No major complications during previous pregnancies
Non-smoker, drug-free, and in good overall physical health
BMI typically under 32 (though varies by clinic)
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:

$40,000 to $50,000 base compensation

Experienced Surrogate:

$55,000 to $70,000 or more

Additional reimbursements often include:

Monthly allowance: $200–$300 for expenses
Maternity clothing allowance: $500–$1,000
Travel costs: if travel to a fertility clinic is required
Embryo transfer fee: $500–$1,000
Multiples bonus: often $5,000 or more
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:

Matches you with intended parents
Handles paperwork and legal contracts
Ensures ethical standards are met
Offers 24/7 support
Manages payment schedule and escrow accounts

Some agencies operating in or accepting surrogates from New Jersey include:

Circle Surrogacy
Surrogate First
Reproductive Possibilities (NJ-based)
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

Research and decide if surrogacy is right for you
Choose an agency (or go independent)
Submit a surrogate application
Complete health and psychological screenings
Get matched with intended parents
Sign a legal surrogacy contract (with independent representation)
Begin the IVF and embryo transfer process
Attend regular checkups and carry the pregnancy
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:

Physical risks from fertility medications, pregnancy, and delivery
Emotional complexities in carrying a child for someone else
Time commitment (typically 12–18 months from application to delivery)
Need for strong support system (partner, family, etc.)

How to Become a Surrogate Mother in New Jersey: A Complete Guide

April 27, 2025 by admin

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:

Age: Generally between 21 and 45 years old.
Health: Must be in good physical and mental health.
Pregnancy History: Must have given birth to at least one child without major complications.
Non-Smoker: No tobacco, drug, or alcohol abuse.
Financial Stability: Should not be relying on surrogacy compensation as the sole source of income.
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:

Medical Evaluations: Physical exams, bloodwork, fertility tests, and infectious disease screenings.
Psychological Screening: Ensures you are emotionally prepared for the journey.
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:

Financial compensation
Medical decision-making
Parental rights
Expectations during pregnancy
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:

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.
Medication Protocols: You may need hormonal treatments (like estrogen and progesterone) to prepare your uterus.
Embryo Transfer: A minor, usually painless procedure to implant the embryo.
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:

Communication: Keeping the intended parents updated helps build trust and emotional connection.
Support System: Many surrogates find it helpful to have counselors or surrogacy support groups, especially for emotional challenges.
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:

Maternity clothing
Lost wages
Childcare costs
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:

Surrogacy contracts are legally recognized and enforceable.
Pre-birth orders simplify the legal parentage process.
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.

The Step-by-Step Medical Process of Surrogacy: A Comprehensive Guide

April 20, 2025 by admin

Surrogacy is a fertility option where a woman—known as a surrogate—carries and gives birth to a child for intended parents. While it can be an emotional journey, the medical process behind surrogacy is structured, regulated, and scientifically advanced. This article breaks down the step-by-step medical aspects of a typical gestational surrogacy process, which is the most common form used today.

1. Understanding Types of Surrogacy

Before diving into the process, it’s important to distinguish between the two main types:

Traditional Surrogacy: The surrogate uses her own egg and is artificially inseminated with the intended father’s or donor’s sperm. She is biologically related to the child.
Gestational Surrogacy (most common): The surrogate has no genetic link to the child. The embryo is created through in vitro fertilization (IVF) using the egg and sperm from the intended parents or donors.

This article focuses on gestational surrogacy, which accounts for over 95% of all modern surrogacy cases in the U.S. and other developed countries (American Society for Reproductive Medicine – ASRM, 2022).

2. Medical Screening & Surrogate Selection

Intended Parents

Complete fertility assessments.
Sometimes contribute sperm, eggs, or both, or use donors if medically necessary.
Undergo infectious disease screening and genetic counseling.

Surrogates

Surrogates are medically and psychologically evaluated. Criteria often include:

Age: 21–40 years old
At least one prior successful pregnancy
No major complications in previous births
Stable lifestyle and emotional well-being

Medical screenings for surrogates include:

Pap smear, blood work, hormone levels
Uterine evaluation via transvaginal ultrasound or hysteroscopy
Infectious disease screening (HIV, Hep B/C, syphilis)

Note: Many agencies follow the ASRM guidelines, which stress that the surrogate must be free from substance use and have a supportive home environment.

3. Legal and Psychological Counseling

Though not purely medical, legal counseling is crucial before proceeding with any treatment. Surrogacy agreements are drawn up before embryo transfer, ensuring all parties understand their roles, rights, and obligations.

Meanwhile, psychological counseling prepares the surrogate and intended parents for emotional aspects of the journey.

4. IVF Cycle Preparation

Egg Provider (Intended Mother or Donor)

The woman providing the eggs begins an IVF stimulation cycle, typically lasting 10–14 days. She takes injectable gonadotropins to stimulate the ovaries to produce multiple eggs.

Monitoring: Blood tests and ultrasounds track the development of follicles.
Egg Retrieval: Once follicles are mature, eggs are retrieved under light anesthesia via a needle guided through the vaginal wall into the ovaries.

On average, 10–15 eggs are retrieved per cycle (CDC Fertility Data, 2021).

Sperm Collection

Sperm is collected from the intended father or donor and processed in the lab. If fresh sperm is not possible, previously frozen samples may be used.

5. Fertilization & Embryo Development

Eggs and sperm are fertilized in the lab through either:

Conventional IVF (placing sperm with the egg in a petri dish), or
ICSI (Intracytoplasmic Sperm Injection) – where one sperm is injected directly into an egg, often used for male infertility.

Over the next 3–6 days:

Embryos develop and are monitored for quality.
Embryologists may perform Preimplantation Genetic Testing (PGT) to screen embryos for chromosomal abnormalities.

Embryo freezing (vitrification) is often done, especially if the surrogate’s uterus needs additional preparation time.

6. Surrogate’s Uterine Preparation

The surrogate begins a hormonal protocol to prepare her endometrium (uterine lining) for implantation. This includes:

Estrogen pills or patches (to thicken the lining)
Progesterone injections (to prime the uterus for embryo transfer)

Monitoring via ultrasound ensures the endometrial lining is typically 8–12 mm thick — the optimal range for implantation success.

7. Embryo Transfer

Once the uterus is ready and the embryo(s) reach the blastocyst stage (day 5–6), the transfer is scheduled.

A soft catheter is inserted through the cervix into the uterus.
The embryo is transferred under ultrasound guidance.
The procedure is painless and takes about 15 minutes.

Generally, only one embryo is transferred to reduce risks associated with multiple births.

8. Two-Week Wait and Pregnancy Confirmation

About 9–12 days post-transfer, the surrogate takes a beta hCG blood test to confirm pregnancy. If positive:

Repeat tests track rising hCG levels.
A fetal heartbeat is typically detected at 6–7 weeks via ultrasound.

Once confirmed, the surrogate is transitioned to routine prenatal care.

9. Pregnancy & Prenatal Monitoring

Surrogates attend all standard OB/GYN appointments, with medical records shared with the intended parents. Some clinics schedule additional ultrasounds to monitor fetal development closely, especially in IVF pregnancies.

Hormonal support (progesterone and estrogen) continues for the first 10–12 weeks until the placenta fully supports the pregnancy.

10. Birth and Postnatal Care

Most surrogate births are planned deliveries at partner hospitals. Intended parents are typically present for the birth.

After birth:

The baby is handed to the intended parents.
Legal custody is transferred if not already handled through pre-birth orders.
The surrogate receives postnatal care and psychological support.

Global & U.S. Surrogacy Facts

Success rates for IVF with gestational carriers are around 50–70% depending on embryo quality and surrogate age (Society for Assisted Reproductive Technology – SART).
The average cost of surrogacy in the U.S. ranges from $100,000–$150,000, including medical, legal, agency, and surrogate compensation.
Countries like Ukraine, Georgia, and the U.S. are top destinations for international surrogacy, while countries like India and Thailand have restricted it to locals due to ethical concerns.

Countries Where Surrogacy Is Illegal: A Global Legal Overview

April 18, 2025 by admin

Surrogacy — the practice of a woman carrying a child for intended parents — remains one of the most complex areas of family law, especially as reproductive technology advances faster than legal systems in many countries. While some nations have embraced surrogacy under tight regulation, others have completely banned the practice due to ethical, religious, or social reasons.

In this article, we examine the countries where surrogacy is currently illegal, providing a region-by-region breakdown and the legal basis for such restrictions.

What Is Surrogacy?

Surrogacy typically takes two main forms:

Altruistic surrogacy: Where the surrogate receives no financial compensation beyond medical expenses.
Commercial surrogacy: Where the surrogate is paid beyond medical reimbursement, essentially turning the arrangement into a contractual service.

Some countries allow altruistic surrogacy while banning commercial surrogacy; others outlaw both.

Countries Where Surrogacy Is Completely Illegal (Both Altruistic & Commercial)

These countries prohibit all forms of surrogacy, and legal penalties can range from civil consequences to criminal charges.

1. France

Status: All surrogacy is banned (Penal Code Article 16-7 and Civil Code).
Legal stance: Surrogacy contracts are null and void. French citizens who pursue surrogacy abroad often face legal hurdles when trying to register the child.

2. Germany

Status: Fully illegal under Embryo Protection Act (1990).
Penalty: Offering, arranging, or participating in surrogacy can result in up to 3 years in prison or fines.

3. Italy

Status: All surrogacy is banned under Law No. 40/2004.
Notes: Italian courts have ruled against the recognition of children born via surrogacy abroad.

4. Spain

Status: All surrogacy contracts are invalid (Law 14/2006 on Assisted Reproduction).
Outcome: Surrogacy abroad is not recognized under Spanish law, creating legal limbo for many returning parents.

5. Switzerland

Status: Surrogacy is completely banned under Federal Act on Medically Assisted Reproduction (FMedG).
Notes: Even seeking surrogacy abroad may create legal issues for Swiss citizens.

6. Sweden

Status: Illegal; not recognized under the Genetic Integrity Act.
Policy: Surrogacy contracts are unenforceable, and parental rights cannot be transferred through surrogacy.

7. China

Status: Illegal under the Ministry of Health regulations (2001).
Notes: Although a black market exists, surrogacy is banned in all forms, and medical professionals can face disciplinary action.

8. Nepal

Status: All forms of surrogacy banned since 2015 Supreme Court decision.
Context: The ban followed the exploitation of surrogates and lack of regulation during Nepal’s brief surrogacy boom.

9. Pakistan

Status: Surrogacy is not legally recognized and is considered un-Islamic by religious authorities.
Legal status: No formal law, but religious fatwas and judicial interpretations effectively prohibit the practice.

10. Saudi Arabia

Status: Surrogacy is forbidden under Islamic law.
Explanation: Surrogacy is considered a violation of lineage and inheritance principles in Sharia law.

11. United Arab Emirates

Status: Surrogacy is strictly prohibited under Federal Law No. 7 of 2019.
Penalty: Engaging in surrogacy can result in imprisonment and heavy fines.

Countries Where Commercial Surrogacy Is Illegal (Altruistic Allowed)

These countries allow altruistic surrogacy only, with strict guidelines. Commercial surrogacy is a criminal offense.

1. United Kingdom

Allowed: Altruistic only.
Prohibited: Commercial surrogacy under Surrogacy Arrangements Act 1985.

2. Australia

Allowed: Altruistic (varies by state).
Illegal: Commercial surrogacy across all states.
Extra: Some states criminalize Australians seeking commercial surrogacy abroad (e.g., Queensland, New South Wales).

3. Canada

Allowed: Altruistic surrogacy under Assisted Human Reproduction Act.
Penalty: Commercial surrogacy can result in $500,000 fine or 10 years imprisonment.

4. India (as of 2022 amendments)

Allowed: Altruistic surrogacy only for married Indian heterosexual couples.
Prohibited: Commercial surrogacy banned under Surrogacy (Regulation) Act, 2021.
Foreign nationals: Not allowed to commission surrogacy in India.

Summary by Region

Europe

Most restrictive region.
Many EU countries ban surrogacy completely or allow only altruistic forms with strict legal limitations (e.g., UK, Netherlands).

Asia

Diverse legal landscape:
- Fully banned: China, Nepal, Pakistan.
- Altruistic-only: India (as of 2021).
- Loopholes previously exploited in Thailand and Cambodia, but those have been closed.

Middle East

Heavily restricted due to religious grounds.
Most countries follow Sharia law and consider surrogacy impermissible.

Africa

Mixed laws; most countries have no formal legislation, which makes surrogacy either a grey area or governed by religious/cultural norms.
South Africa: One of the few African countries with legal, altruistic surrogacy allowed.

Why Do Countries Ban Surrogacy?

Ethical concerns: Exploitation of women and commodification of children.
Religious reasons: Islam, Catholicism, and Orthodox Christianity often oppose surrogacy.
Legal uncertainties: Parentage, nationality, and custody issues arise when surrogacy is unregulated.
Historical abuses: Cases of abandoned babies or mistreated surrogates (e.g., Thailand 2014, India 2015) have led to bans.

Global Trends

Region	Fully Illegal	Altruistic Only	Commercial Allowed
Europe	10+ countries	UK, NL, Portugal	None
Asia	5+ countries	India (restricted)	Georgia (open), Kazakhstan
Middle East	Most countries	None	None
Africa	Few with laws	South Africa	None
North America	None	Canada (altruistic only)	USA (state-based)

Conclusion

Surrogacy remains a controversial and highly regulated practice across the globe. Countries like France, Germany, and China have completely outlawed it, while others like Canada and the UK permit only altruistic surrogacy under tight restrictions. Understanding local laws is critical for intended parents, especially when navigating international surrogacy, which can result in complex legal challenges and unforeseen risks.

Anyone considering surrogacy should seek qualified legal guidance and understand not only the law in their country but also in the country of the surrogate — especially as more nations move to clamp down on unregulated or commercial arrangements.

Is Surrogacy Legal in New Jersey? A Comprehensive Guide

March 16, 2025 by admin

Surrogacy has become a viable option for many individuals and couples looking to have children. However, the legality of surrogacy varies across the United States, with some states permitting and regulating it while others impose strict bans. If you are considering surrogacy in New Jersey, it is important to understand the state’s legal landscape, requirements, and costs associated with the process.

Legal Status of Surrogacy in New Jersey

Is Surrogacy Legal in New Jersey?

Yes, surrogacy is legal in New Jersey. The state formally legalized and regulated gestational surrogacy in 2018 through the New Jersey Gestational Carrier Agreement Act (NJGCAA), signed by Governor Phil Murphy. This law replaced a previous restrictive legal environment where compensated surrogacy agreements were unenforceable due to a 1988 court ruling in the famous Baby M case.

Under the NJGCAA, gestational surrogacy agreements are legally binding if they meet specific requirements, providing clarity and protection for both intended parents and gestational carriers.

Types of Surrogacy Permitted in New Jersey

There are two types of surrogacy:

Gestational Surrogacy: The surrogate carries a child that is not genetically related to her. Instead, an embryo is created using the intended parents’ or donors’ sperm and eggs. Legal in New Jersey.
Traditional Surrogacy: The surrogate is also the biological mother of the child, as her egg is used for conception. Not protected or legally regulated under New Jersey law, making it a legally risky option.

Key Provisions of the New Jersey Gestational Carrier Agreement Act

The NJGCAA outlines strict requirements for surrogacy agreements to be enforceable in court. The law ensures that all parties involved have rights and protections throughout the process. Below are the main provisions:

A. Requirements for Intended Parents

Intended parents must:
✔ Be at least 18 years old
✔ Undergo medical and psychological evaluations
✔ Have a written surrogacy agreement that meets state legal standards

B. Requirements for Gestational Carriers

The gestational carrier (surrogate) must:
✔ Be at least 21 years old
✔ Have previously given birth to at least one child
✔ Undergo medical and psychological screenings
✔ Be financially independent (to ensure they are not coerced into surrogacy for financial reasons)
✔ Have independent legal representation

C. Surrogacy Contract Regulations

A legally binding contract between the intended parents and the surrogate is mandatory. The contract must include:
✔ Compensation details (if it is a compensated surrogacy)
✔ Agreements on medical procedures and decisions
✔ Parental rights establishment before the child’s birth

D. Parental Rights for Intended Parents

New Jersey law allows intended parents to obtain a pre-birth order, meaning that their names can be placed on the birth certificate immediately after the child is born, without requiring adoption procedures.

Costs and Financial Aspects of Surrogacy in New Jersey

Surrogacy is a costly process, involving medical expenses, legal fees, and compensation for the surrogate. Below is a breakdown of typical expenses:

A. Estimated Surrogacy Costs in New Jersey

The total cost of a surrogacy journey in New Jersey ranges between $90,000 and $200,000, depending on various factors such as surrogate compensation, fertility treatments, and legal expenses.

Expense	Estimated Cost
Surrogate Compensation	$45,000 – $70,000
Agency Fees	$15,000 – $30,000
Legal Fees	$8,000 – $15,000
Medical & IVF Expenses	$25,000 – $50,000
Insurance Costs	$10,000 – $25,000
Miscellaneous Costs	$5,000 – $10,000

Many intended parents seek financial assistance through loans, grants, or employer-provided fertility benefits. Some insurance policies may cover parts of the medical process, but not surrogate compensation.

Ethical and Legal Considerations

A. Ethical Concerns

Surrogacy raises ethical questions, including:

Exploitation Risks: Critics argue that surrogates, especially those from lower-income backgrounds, may feel financially pressured to participate.
Parental Rights Issues: If disputes arise between intended parents and surrogates, legal battles can be emotionally and financially exhausting.

B. Legal Risks and Protections

While the NJGCAA provides strong legal protection, surrogacy remains complex and legally sensitive. Hiring an experienced surrogacy attorney is crucial to ensure that all agreements comply with state law.

How New Jersey Compares to Other States

Surrogacy laws vary significantly across the U.S. Here’s how New Jersey compares to other states:

State	Surrogacy Status
New Jersey	Fully Legal & Regulated
California	Most Surrogacy-Friendly
New York	Legal Since 2021
Texas	Legal with Some Restrictions
Michigan	Surrogacy Contracts are Illegal

New Jersey is considered one of the most surrogacy-friendly states, along with California, Connecticut, and Illinois.

Steps to Begin a Surrogacy Journey in New Jersey

If you are considering surrogacy in New Jersey, follow these steps:

Step 1: Choose Between Agency vs. Independent Surrogacy

✔ Agencies provide full-service support (matching, legal, medical).
✔ Independent surrogacy is cheaper but requires more effort in finding a surrogate and legal representation.

Step 2: Find a Qualified Surrogate

✔ Work with a licensed surrogacy agency or network privately.
✔ Ensure the surrogate meets NJ legal requirements.

Step 3: Sign a Legal Surrogacy Agreement

✔ Work with an experienced surrogacy attorney to draft the contract.

Step 4: Undergo Medical & Psychological Screening

✔ The surrogate must pass fertility, health, and psychological tests.

Step 5: Begin IVF Process

✔ The embryo is implanted, and pregnancy is monitored by a fertility clinic.

Step 6: Pre-Birth Order & Birth Certificate Process

✔ File for parental rights before birth.

Surrogacy in New Jersey is fully legal and well-regulated, making it a great option for intended parents. The New Jersey Gestational Carrier Agreement Act (NJGCAA) ensures legal clarity and protection for all parties involved. However, surrogacy remains an expensive and complex process, requiring legal and medical expertise.

If you are considering surrogacy in New Jersey, consult with a surrogacy attorney and fertility specialists to navigate the process smoothly.

Would you like help finding specific resources or agencies in New Jersey? Let me know how I can assist you further! 🚀

How Does Surrogacy Work? A Comprehensive Guide for New Jersey

March 1, 2025 by admin

Surrogacy is an increasingly popular option for individuals and couples who cannot conceive or carry a pregnancy themselves. In New Jersey surrogacy is legally recognized and governed by specific laws designed to protect all parties involved. This article provides a detailed overview of how surrogacy works, including the legal, medical, and financial aspects, with a focus on the laws and regulations in New Jersey.

What Is Surrogacy?

Surrogacy is an arrangement where a woman (the surrogate) carries and delivers a child for intended parents. There are two main types of surrogacy:

Gestational Surrogacy – The most common form today, where an embryo created via in vitro fertilization (IVF) is implanted into the surrogate’s uterus. The surrogate has no genetic connection to the baby.
Traditional Surrogacy – The surrogate is artificially inseminated with the intended father’s or a donor’s sperm and is genetically related to the child. This type is rarely used due to legal and emotional complexities.

In New Jersey, only gestational surrogacy is legally permitted under the New Jersey Gestational Carrier Agreement Act (2018).

Who Uses Surrogacy?

Surrogacy is an option for various individuals and couples, including:

Couples struggling with infertility
Same-sex couples (especially male couples)
Single parents
Women with medical conditions preventing pregnancy
Women who have had a hysterectomy

According to the Centers for Disease Control and Prevention (CDC), about 5% of couples in the U.S. face infertility issues, and surrogacy provides a viable solution.

How Surrogacy Works in New Jersey

1. Finding a Surrogate

Intended parents can find a surrogate through:

A surrogacy agency, which screens and matches surrogates with parents.
A friend or family member willing to carry the pregnancy.

In New Jersey, a surrogate must meet certain requirements, including:
✅ Being at least 21 years old
✅ Having previously given birth to at least one child
✅ Undergoing medical and psychological screenings

2. Legal Process

Surrogacy agreements must comply with the New Jersey Gestational Carrier Agreement Act (2018). This law ensures that:

The intended parents are legally recognized as the child’s parents.
The surrogate has no parental rights over the child.
The agreement is legally binding and must be established before embryo transfer.
Both the surrogate and intended parents must have separate legal representation.

New Jersey is considered a surrogacy-friendly state, unlike some states where surrogacy is restricted or illegal.

3. Medical Process

The medical process involves several key steps:

Embryo Creation – Eggs and sperm from the intended parents or donors are combined via IVF.
Embryo Transfer – The healthiest embryo is implanted into the surrogate’s uterus.
Pregnancy and Monitoring – The surrogate receives prenatal care and regular check-ups.
Delivery and Parental Rights – Upon birth, legal documents ensure that the intended parents are recognized as the baby’s legal guardians.

4. Financial Considerations

Surrogacy can be expensive, with costs ranging from $90,000 to $150,000 in the U.S. In New Jersey, the total cost includes:

Surrogate Compensation ($40,000–$60,000)
Agency Fees ($20,000–$30,000)
Medical Expenses (IVF and prenatal care)
Legal Fees ($5,000–$10,000)
Insurance Costs (maternity insurance for the surrogate)

Some insurance policies cover parts of surrogacy costs, but intended parents should check specific coverage options.

New Jersey Surrogacy Laws

The New Jersey Gestational Carrier Agreement Act (2018) legalizes and regulates gestational surrogacy. The key provisions include:

Surrogacy contracts are enforceable if all legal criteria are met.
Intended parents must be named on the birth certificate immediately after birth.
Surrogates cannot be compensated beyond medical and pregnancy-related expenses unless otherwise agreed in the contract.
Traditional surrogacy (where the surrogate is biologically related to the baby) is not legally recognized.

New Jersey offers strong legal protection for both surrogates and intended parents, making it one of the most surrogacy-friendly states in the U.S.

Ethical Considerations

Surrogacy raises ethical and emotional questions, including:

✔ Exploitation concerns – Ensuring that surrogates are fairly compensated and not financially coerced.
✔ Parental attachment – Managing emotional bonds between surrogates and the baby.
✔ Cultural and religious views – Some communities have ethical objections to surrogacy.

However, with proper legal protections, surrogacy can be a rewarding process for all parties.

Surrogacy vs. Adoption: Costs, Considerations, and Key Differences in the USA

February 27, 2025 by admin

Bringing a child into a family is a deeply personal and life-changing decision. For many individuals and couples facing fertility challenges or considering alternative family-building options, surrogacy and adoption are two viable pathways. However, both come with distinct emotional, legal, and financial considerations. One of the most critical factors is cost, which can vary significantly based on circumstances. This article explores the cost comparison between surrogacy and adoption in the USA, helping prospective parents make an informed decision.

Understanding Surrogacy and Adoption

Before diving into the financial aspects, it’s essential to understand the fundamental differences between surrogacy and adoption.

Surrogacy: A process in which a woman (the surrogate) carries a pregnancy for intended parents. It can be gestational surrogacy (where the surrogate has no genetic relation to the child) or traditional surrogacy (where the surrogate is also the egg donor).
Adoption: The legal process of assuming parental responsibility for a child who is not biologically related. Adoption can be domestic (private or foster care) or international.

Cost of Surrogacy in the USA

Surrogacy is often one of the most expensive options for building a family, primarily because of medical, legal, and agency fees. Here’s a breakdown of the average costs:

1. Surrogate Compensation

$30,000 – $60,000+ (varies by state, experience, and individual agreements)

2. Medical and IVF Expenses

In vitro fertilization (IVF): $12,000 – $20,000 per cycle
Medications for the surrogate: $3,000 – $7,000
Medical procedures (embryo transfer, ultrasounds, delivery, etc.): $10,000 – $15,000

3. Legal Fees

Surrogacy contract drafting and review: $5,000 – $10,000
Parental rights establishment: $2,000 – $5,000

4. Agency Fees

Surrogacy agency costs: $20,000 – $40,000 (covering recruitment, screening, and support)

5. Miscellaneous Costs

Insurance coverage for the surrogate: $5,000 – $15,000
Psychological support & counseling: $1,000 – $3,000

Total Estimated Cost of Surrogacy

On average, the total cost of surrogacy in the USA ranges from $90,000 to $200,000, depending on various factors like location, agency fees, and surrogate compensation.

Cost of Adoption in the USA

The cost of adoption can vary significantly based on the type of adoption: private domestic adoption, foster care adoption, or international adoption. Below is a cost comparison for each type.

1. Private Domestic Adoption

Agency Fees: $20,000 – $40,000
Legal Fees: $2,000 – $5,000
Birth Mother Expenses (medical, living costs, etc.): $5,000 – $10,000
Home Study & Background Checks: $1,000 – $3,000

Total Cost of Private Adoption

$30,000 – $60,000

2. Foster Care Adoption (Public Adoption)

Foster care adoption is the most affordable option and is often low-cost or free.

Home Study Fees: $0 – $2,500 (some states waive fees)
Legal Fees: Often covered by state subsidies
Total Estimated Cost: $0 – $3,500
Many states also offer financial assistance and subsidies for children adopted from foster care.

3. International Adoption

Agency Fees: $20,000 – $40,000
Travel Costs: $5,000 – $15,000 (varies by country)
Legal & Visa Processing: $2,000 – $7,000
Medical Exams & Home Study: $3,000 – $5,000

Total Cost of International Adoption

$30,000 – $60,000+

Key Considerations Beyond Cost

While cost is an important factor, families should also consider the emotional, legal, and personal implications of each option.

Surrogacy Considerations

Biological Connection: Many intended parents prefer surrogacy because the child is genetically related to them.
Greater Control: Parents have more control over prenatal care and medical decisions.
Complex Legal Process: Some states have restrictive surrogacy laws, requiring extensive legal work.
High Costs: Surrogacy is substantially more expensive than adoption.

Adoption Considerations

More Affordable: Adoption, especially through foster care, is significantly more budget-friendly.
Providing a Home to a Child in Need: Adoption gives children a chance to grow up in a loving family.
Longer Wait Times: Depending on the type of adoption, the process may take years.
Uncertainty: Birth parents may change their minds during private adoptions, leading to emotional distress.

Conclusion: Which Option is Right for You?

The choice between surrogacy and adoption depends on several factors, including financial ability, emotional readiness, legal considerations, and personal preferences.

For those who prioritize a biological connection and are financially prepared, surrogacy may be the best route.
For families looking for a more cost-effective way to build a family and willing to navigate the legal adoption process, private or foster care adoption may be the better option.

Regardless of the choice, both surrogacy and adoption are fulfilling ways to build a family and provide a child with a loving home.

If you are considering either option, consulting with adoption professionals or surrogacy agencies can help guide your decision.

Guide to Becoming a Surrogate Mother in New Jersey: Steps, Requirements, and Legal Insights

January 11, 2025 by admin

Becoming a surrogate mother is a profound and life-changing decision. In New Jersey, the process is guided by clear legal frameworks, medical protocols, and emotional commitments to ensure a smooth journey for both the surrogate and the intended parents. If you’re considering surrogacy, this guide will help you understand the process and requirements in New Jersey. Gateway Surrogacy is here to support you every step of the way.

What is Surrogacy?

Surrogacy is an arrangement where a woman, known as the surrogate, carries and delivers a baby for someone else. There are two primary types of surrogacy:

Traditional Surrogacy: The surrogate is biologically related to the child as her egg is used in the process.
Gestational Surrogacy: The surrogate carries a baby created through in vitro fertilization (IVF) using the egg and sperm of the intended parents or donors. The surrogate has no genetic relationship to the child.

In New Jersey, only gestational surrogacy is legally protected under the New Jersey Gestational Carrier Agreement Act of 2018.

Legal Framework in New Jersey

New Jersey is a surrogate-friendly state. The Gestational Carrier Agreement Act provides clear guidelines for surrogacy arrangements. Key legal points include:

The surrogate must be at least 21 years old.
A legal contract between the surrogate and intended parents is mandatory and must outline the rights, responsibilities, and financial arrangements.
The intended parents are recognized as the legal parents of the child immediately after birth.
Traditional surrogacy agreements are not legally enforceable in New Jersey.

Requirements to Become a Surrogate in New Jersey

To ensure the safety and well-being of all parties involved, potential surrogates must meet specific criteria:

Age and Health Requirements:
- Be between 21 and 40 years old.
- Have a healthy BMI (body mass index).
- Have had at least one uncomplicated pregnancy and delivery.
- Be a non-smoker and free of substance abuse.
Medical and Psychological Screening:
- Undergo thorough medical evaluations to confirm physical ability to carry a pregnancy.
- Participate in psychological counseling to ensure emotional readiness.
Legal and Financial Stability:
- Be financially stable and not reliant on surrogacy compensation for basic living expenses.
- Have no criminal history.
Support System:
- Have a strong support system of family and friends.
- Be willing to attend medical appointments and legal consultations as required.

Steps to Become a Surrogate with Gateway Surrogacy

Initial Consultation: Contact Gateway Surrogacy to learn about the process and ask any questions.
Application and Screening: Complete a detailed application form. Gateway Surrogacy will arrange for medical, psychological, and legal screenings.
Matching with Intended Parents: Gateway Surrogacy carefully matches surrogates with intended parents based on preferences and compatibility.
Legal Contract: Work with experienced attorneys to draft and review the surrogacy agreement.
Medical Procedures: Undergo IVF procedures to transfer the embryo and begin the pregnancy journey.
Pregnancy and Delivery: Attend regular medical checkups and maintain open communication with the intended parents. After delivery, the baby is handed over to the intended parents as per the legal agreement.

Facts and Figures About Surrogacy in New Jersey

Average Compensation: Surrogates in New Jersey typically earn between $35,000 and $60,000, with additional allowances for expenses such as maternity clothing, travel, and monthly stipends. This amount can vary based on the surrogate’s experience and specific circumstances.
Surrogacy Success Rates: According to the Centers for Disease Control and Prevention (CDC), the success rate of live births through gestational surrogacy with fresh embryos is approximately 50% to 60% per transfer cycle. The success rate increases with high-quality embryo transfers.
Number of Surrogacies: In the U.S., over 18,000 babies were born via gestational surrogacy between 1999 and 2013, with numbers steadily increasing each year. New Jersey’s surrogate-friendly laws have made it a top destination for surrogacy arrangements.
Medical Costs: The medical procedures involved in surrogacy, including IVF, can cost intended parents between $30,000 and $50,000. Surrogates are not responsible for these expenses.

Why Choose Gateway Surrogacy?

At Gateway Surrogacy, we prioritize the health, safety, and satisfaction of our surrogates and intended parents. We offer:

Comprehensive support from application to delivery.
Access to top-tier medical and legal professionals.
A compassionate and experienced team to guide you through the journey.