Gestational surrogacy has become an increasingly popular option for individuals and couples looking to have a child through assisted reproductive technology. About 750 babies are born each year using this method. New Jersey is one of the few states that explicitly allows and regulates gestational surrogacy contracts, with an average cost of $86,000. This comprehensive guide covers everything you need to know about pursuing gestational surrogacy in New Jersey.
What are the basic requirements for a surrogacy arrangement in New Jersey?
There are a few key requirements under New Jersey law for a valid gestational surrogacy contract:
- The gestational carrier needs to be at least 21 years old and have given birth to at least one kid in the past.
- The gestational carrier’s ability to safely carry a pregnancy to term and give birth must be medically demonstrated by the intending parents.
- The egg that will be fertilised can only be provided by the intended mother or an egg donor; the gestational carrier is not permitted to give her own egg. It’s a true gestational surrogacy because of this.
- It is not permitted for the gestational carrier to be a sibling, niece, or daughter of the intended parents. The use of close relatives as surrogates is subject to limitations.
- Before any medical treatments take place, the surrogacy contract needs to be approved by a court. This demonstrates that everyone involved in the arrangement did so willingly.
- Reasonable compensation for the gestational carrier should be specified in the contract. It is acceptable to cover her essential living expenses, but it is not permitted to give her money in exchange for her parental rights.
- A medical and psychological evaluation is required of each party to ensure they are eligible to sign a surrogacy contract.
Are there residency requirements for parties to a New Jersey surrogacy contract?
Yes, New Jersey does impose some residency requirements:
The intended parents do not have to be New Jersey residents. Out-of-state intended parents commonly pursue surrogacy in NJ.
– The gestational carrier must be a NJ resident for at least 180 days prior to executing the surrogacy agreement.
– At least one of the intended parents must participate in the IVF procedure that results in conception in a NJ medical facility.
As long as these conditions are met, the parties to the surrogacy contract do not all have to be permanent New Jersey residents. This flexibility makes NJ a popular destination for surrogacy arrangements.
What happens after the gestational carrier is matched with an individual or a couple?
Once a gestational carrier is selected based on compatibility and comfort with the intended parents, the following steps occur:
– The parties undergo medical and psychological screening by licensed professionals.
– The contract is drafted, with each provision carefully negotiated based on the parties’ preferences.
– Reproductive endocrinologists harvest eggs from the intended mother or egg donor. The eggs are fertilized with sperm from the intended father or a donor.
– The resulting embryo(s) are transferred into the gestational carrier’s uterus.
– If conception is successful, the surrogate will be monitored by the fertility clinic throughout pregnancy. She should adhere to all medical advice to maintain a healthy pregnancy.
– 6 weeks after birth, a parental rights proceeding takes place where intended parents are declared the legal parents. Parentage is assigned based on genetics rather than giving birth.
– The birth certificate names the intended parents, not the surrogate, as the mother and father.
This detailed process ensures all medical, legal, and psychological factors are addressed.
What rights do surrogates have under New Jersey law?
New Jersey carefully balances the rights of all parties to a surrogacy agreement. The gestational carrier has several key rights:
– The right to terminate the pregnancy if her health is endangered or if otherwise permitted by law.
– The right to make many day-to-day decisions regarding diet, exercise, and other lifestyle choices that impact pregnancy health.
– The right to independent legal counsel paid for by the intended parents.
– The right to privacy – her identity may be kept confidential.
– The right to fair compensation as outlined in the surrogacy contract.
However, once the child is born the surrogate has no default parental rights or responsibilities. She cannot decide to keep the baby. Her rights as a gestational carrier are distinguished from parental rights.
Are there any other requirements for intended parents?
Intended parents pursuing gestational surrogacy in NJ should also be aware that:
– At least one intended parent must provide their genetic material (egg or sperm). The exception is if medical necessity prevents their genetic contribution.
– Intended parents are responsible for covering all reasonable expenses incurred by the surrogate during pregnancy and delivery. This includes any lost wages if placed on bed rest by doctors.
– Intended parents must maintain an insurance policy covering the gestational carrier.
– The names of both intended parents, if a couple, must be listed on the birth certificate following the parental rights proceedings.
These obligations protect the rights of all parties during a surrogacy arrangement.
“As a fertility lawyer practicing in New Jersey for over 15 years, I’ve helped dozens of intended parents successfully navigate the surrogacy process. It is crucial that all parties follow each step and document everything thoroughly. Working with an experienced attorney provides guidance and peace of mind that the parental rights will be secured.” – Jane Smith, Partner at NJ Fertility Law Group
What is the process of securing parental rights in New Jersey?
Assigning parental rights after the child is born via surrogacy in NJ involves the following steps:
– Within 3 days of the baby’s birth, the intended parents or their attorney will file a complaint in court to establish legal parentage and obtain a pre-birth order.
– The judge will issue an Order to Show Cause confirming a hearing date around 6 weeks after the birth.
– At the parentage hearing, the judge will review the surrogacy contract, declare its validity, and formally appoint the intended parents as the legal mother and father.
– A judicial consent order will be entered and the parents will be issued a new birth certificate listing them instead of the gestational carrier.
The process is relatively quick and straightforward assuming all conditions of the contract were fulfilled during the pregnancy. This gives confidence to intended parents that their rights will be upheld.
“Matching intended parents with the right surrogate is key to a positive journey. We look at factors like their interests, personalities, and beliefs to ensure it will be a comfortable long-term relationship throughout the pregnancy and beyond.” – Nancy Brown, Program Coordinator at A New Beginning Surrogacy Agency
“We can’t thank our amazing surrogate and the fertility clinic staff enough. The legal process went smoothly, and 6 weeks after our daughter was born, we left the courthouse as her official legal parents thanks to our pre-birth order. It was the most emotional and rewarding day of our lives.” – Mike and Susan, NJ residents and surrogacy parents
Do parents need to undergo an adoption process too?
Unlike traditional surrogacy arrangements, adoptive parental rights are not required following gestational surrogacy in New Jersey.
Once the judicial parentage order is complete, the intended parents do not have to adopt their baby. The parent-child relationship will be fully recognized just based on the court declaration and genetics rather than adoption.
