Is compensated surrogacy legal in New Jersey?
Yes. The New Jersey Gestational Carrier Agreement Act explicitly permits compensated gestational surrogacy. This was a significant shift — New Jersey previously had some of the most restrictive surrogacy law in the country, before the legislature overhauled it in 2018.
Are pre-birth parentage orders available?
Yes. Under the current statute, New Jersey allows pre-birth orders establishing the intended parents as legal parents.
What the law requires
Written agreement
A surrogacy contract meeting statutory requirements, executed before medical procedures begin.
Independent legal counsel
Separate attorneys for the surrogate and intended parents.
Medical evaluation
A medical evaluation confirming readiness for the embryo transfer process.
Mental health consultation
Psychological screening as part of the standard process.
"New Jersey's 2018 law was a deliberate, thorough rewrite — it directly addressed the gaps and restrictions that had made the state difficult for surrogacy for decades."
What this means for you as a surrogate
New Jersey now offers strong, modern legal protections. Always have your independent attorney confirm how the current statute applies to your specific agreement.