Legal note: This page is educational only. New Jersey reproductive counsel should review the agreement, eligibility requirements and parentage process for the specific case.
The 2018 Gestational Carrier Agreement Act
The Act states that compliant gestational carrier agreements are consistent with New Jersey public policy and sets procedural safeguards for the parties and resulting child.
Eligibility and representation
The statute contains eligibility requirements for the gestational carrier and intended parent or parents. It also requires separate attorneys for the gestational carrier and intended parent side in matters relating to the agreement.
Agreement requirements
A compliant agreement must be in writing, executed by the required parties, and completed after required screenings but before medical procedures undertaken to implant the pre-embryo. The agreement must address parental responsibilities and financial responsibilities, including reasonable expenses unless properly waived.
Parentage
When statutory eligibility and agreement requirements are satisfied, New Jersey law provides that the intended parent or parents are the legal parent or parents upon birth, while the gestational carrier and her spouse or partner are not legal parents. The statute also provides a court procedure for an order of parentage.
Avoid overgeneralizing
The statute should not be reduced to a label such as “best,” “strongest,” or “automatic for every family type.” Parentage and agreement compliance still depend on the statutory requirements and the facts of the arrangement.
Current-law note
New Jersey lawmakers introduced bills in 2026 that would amend residency-related requirements for gestational carrier agreements. Introduced legislation is not the same as enacted law, so legal planning should be based on the law actually in force when the agreement is signed.
Planning beyond the statute
Intended parents comparing New Jersey with other options can also review state-by-state cost factors, surrogacy agency fees, ways to find available surrogates, and the surrogate-finding guide.
Related: all state guides · legal process · choosing an agency