Gestational Surrogacy Regulations in New Jersey

Overview

Gestational Surrogacy is expressly permitted by the New Jersey Gestational Carrier
Agreement Act of 2018 (N.J. Stat. §9:17-60-68.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy only
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of New Jersey, there is basis for venue in New Jersey. There is also basis for venue if the child is born in New Jersey * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy only
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in New Jersey:
Yes
Birth outside of New Jersey:
Yes

Pre-Birth Orders can readily be obtained by any Intended Parent, whether married or
unmarried, a heterosexual or same-sex couple, or an individual, and even if neither Intended
Parent is genetically related to the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will New Jersey Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
8-12 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes*
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for New Jersey Residents:

*This situation typically arises if the child is born outside of New Jersey. The parents then return to New Jersey to obtain a second parent adoption or stepparent adoption in New Jersey. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in New Jersey?

*Traditional Surrogacy is specifically excluded from the New Jersey Gestational Carrier Agreement Act. Traditional surrogacy is generally permitted in New Jersey if it is uncompensated and there is no pre-birth agreement. Please consult with your local attorney before moving forward with Traditional Surrogacy.*
Legal content provided by:

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.