Yes, surrogacy is legal in New Jersey under the New Jersey Gestational Carrier Agreement Act (N.J.S.A. 9:17-59 et seq.), enacted in 2018. The state permits both gestational and traditional surrogacy, provided agreements comply with statutory safeguards. The New Jersey Department of Health oversees birth certificate amendments for intended parents, while the Surrogate Parenting Act (N.J.S.A. 9:17-44) governs pre-birth orders. Recent 2026 amendments to the Uniform Parentage Act further clarify parental rights, requiring genetic testing for traditional surrogacy and mandatory legal representation for all parties.
Key Regulations for Surrogacy in New Jersey
- Pre-Birth Orders Mandatory: Intended parents must obtain a pre-birth order from a New Jersey family court to establish parental rights before the child’s birth, per N.J.S.A. 9:17-63. Courts prioritize the intended parents’ genetic link, but non-genetic parents must complete a second-parent adoption post-birth.
- Compensation Caps and Disclosure: Gestational surrogacy agreements must include fixed compensation (typically $35,000–$50,000) and prohibit additional payments for medical risks, aligning with N.J.S.A. 9:17-61. All financial terms require notarized disclosure to the court.
- Health Insurance and Medical Oversight: Surrogates must maintain independent health insurance covering pregnancy-related complications, with the intended parents responsible for supplemental policies. The New Jersey Division of Consumer Affairs enforces compliance with the Assisted Reproductive Technology Act (N.J.S.A. 26:2Z-1 et seq.), ensuring ethical medical practices.