Ultimate Guide to Surrogacy in New Jersey

surrogacy

Surrogacy in New Jersey for Intended Parents

New Jersey is considered a surrogacy-friendly state with regulations established in the New Jersey Gestational Carrier Agreement Act. This act clarifies and enforces surrogacy contracts, protecting both intended parents and surrogates. However, New Jersey only allows gestational surrogacy, meaning the surrogate has no genetic connection to the child. Additionally, compensation to surrogates is limited to “reasonable expenses,” prohibiting traditional compensated surrogacy arrangements.

The Surrogacy Process in New Jersey

  1. Matching: Connect with an agency or attorney experienced in New Jersey surrogacy. They can help you find a surrogate and navigate legal requirements.
  2. Screening: Both intended parents and surrogates undergo medical, psychological, and background checks.
  3. Legal Contracts: An attorney drafts a surrogacy agreement outlining rights, responsibilities, and financial arrangements.
  4. Medical Procedures: Depending on the intended parents’ genetic material, procedures like egg retrieval, sperm retrieval, IVF, and embryo transfer may occur.
  5. Pregnancy and Birth: The surrogate carries the pregnancy and receives medical care. Intended parents are typically involved throughout.
  6. Pre-Birth Order: A court establishes legal parentage for the intended parents before birth.
  7. Birth and Postpartum: Welcome your child! Postpartum care and surrogacy agreement completion follow.

How Much Does Surrogacy Cost in New Jersey?

Costs vary depending on individual circumstances but can range from $50,000 to $150,000. This includes:

  • Agency fees: $20,000-$50,000
  • Legal fees: $10,000-$30,000
  • Medical expenses: IVF, medications, prenatal care, delivery, etc. ($30,000-$100,000+)
  • Surrogate expenses: Reasonable expenses as agreed upon in the contract (housing, childcare, lost wages)
  • Pre-birth order and other miscellaneous fees

How We Match Parents and Surrogates (Agency Perspective)

Matching takes careful consideration of various factors:

  • Medical history and profiles: ensuring compatibility and a healthy pregnancy.
  • Lifestyle and expectations: aligning values and communication styles.
  • Personal preferences: matching interests and personalities for a positive experience.

3 Criteria for Finding a Surrogate

  1. Meets New Jersey legal requirements: 21+ years old, delivered and currently parenting at least one child, healthy BMI, etc.
  2. Motivated by genuine desire to help others: understand and respect surrogacy’s emotional journey.
  3. Open communication and clear expectations: comfortable discussing sensitive topics and expressing needs effectively.

What Are the Requirements for Becoming a Surrogate?

  • Be 21+ years old.
  • Have delivered and currently parent at least one child.
  • Have uncomplicated pregnancies and deliveries.
  • Meet BMI and health requirements.
  • Be a US citizen, legal resident, or legal immigrant.
  • Undergo medical and psychological evaluations.
  • Have independent legal counsel.

How Much Do Surrogates Get Paid in New Jersey?

New Jersey law prohibits paying surrogates more than “reasonable expenses.” This generally includes:

  • Medical expenses: related to the pregnancy and delivery.
  • Lost wages: compensation for missed work due to surrogacy-related appointments and recovery.
  • Other reasonable expenses: childcare, transportation, maternity clothing, etc., as agreed upon in the contract.

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