Modooboo

Legal Aspects of Surrogacy - New Jersey

Gestational Surrogacy Law in New Jersey

Understanding the Legal Framework

Surrogacy laws vary significantly across different jurisdictions, and New Jersey is no exception. The state has undergone significant legal reforms, particularly with the enactment of the New Jersey Gestational Carrier Agreement Act in 2018, which has made gestational surrogacy a legally structured and recognized practice.

Legal Status of Different Types of Surrogacy in New Jersey

Gestational Surrogacy: Gestational surrogacy, where the surrogate has no genetic connection to the child, is legally endorsed in New Jersey. The 2018 legislative amendments provide a clear framework, detailing necessary criteria and procedures for conducting gestational surrogacy. This includes enforceable gestational carrier agreements, ensuring the rights and responsibilities of both surrogates and intended parents are protected.

Traditional Surrogacy: Traditional surrogacy, where the surrogate is also the biological mother, operates under strict limitations. It is legal only under altruistic circumstances and without compensation. Traditional surrogacy agreements are not legally enforceable, making this type of surrogacy relatively uncommon in New Jersey.

Compensated Surrogacy: Compensated surrogacy is legally permissible in New Jersey, subject to specific restrictions. Surrogates can receive payment for reasonable living expenses and other costs, including attorney fees, medical expenses, and necessary counseling services. However, payments must not constitute "commercial" surrogacy, which would involve profit beyond reimbursable expenses.

Crafting and Enforcing Surrogacy Contracts in New Jersey

Contractual Requirements:

For gestational surrogacy contracts to be enforceable in New Jersey, they must adhere to the following legal requirements:

  • Surrogates must be at least 21 years old, have given birth before, and undergo thorough medical and psychological evaluations.

  • Intended parents must also undergo psychological evaluations and have independent legal counsel.

  • The contract must include explicit details about the surrogate's commitment to embryo transfer, the relinquishment of custody post-birth, and her right to make medical decisions during pregnancy.

Legal Representation:

Both surrogates and intended parents must have separate legal representation to ensure that their rights and interests are protected throughout the process.

Contract Contents:

The surrogacy contract should address:

  • Financial terms, including compensation for the surrogate.

  • Responsibilities and rights of each party.

  • Plans for potential medical scenarios, such as multiple births or unexpected health issues.

  • Agreements on sensitive issues like selective reduction and termination.

  • Contact expectations and plans for the hospital delivery.

Establishing Legal Parentage in New Jersey

Pre-Birth and Post-Birth Orders:

New Jersey allows for pre-birth parentage orders for all intended parents, regardless of marital status or genetic connection to the child. These orders ensure that the intended parents' names are on the birth certificate from the outset.

Traditional Surrogacy:

In traditional surrogacy, the surrogate is legally recognized as the mother at birth. Therefore, intended parents must follow New Jersey's adoption laws to establish legal parentage.

Same-Sex Surrogacy in New Jersey

Legal Recognition:

Same-sex surrogacy is legally recognized in New Jersey, following a similar process to opposite-sex surrogacy. Same-sex couples often require gamete donations for IVF.

Additional Laws:

There are no specific laws uniquely impacting same-sex parenting in New Jersey, ensuring equal treatment under the law.

Frequently Asked Questions (FAQs) on Surrogacy in New Jersey

Enforceability of Surrogacy Contracts: Gestational surrogacy contracts are enforceable provided they meet state requirements. Traditional surrogacy contracts, however, are not enforceable.

International Intended Parents: International intended parents follow the same legal procedures as domestic ones. They should consult with an immigration lawyer to navigate the legalities of bringing their child to their home country.

Post-Birth Adoption Requirements: In gestational surrogacy, post-birth adoption is typically unnecessary if the contract meets state standards. In traditional surrogacy, post-birth adoption is always required to establish parental rights.

Second-Parent and Stepparent Adoptions: Second-parent adoptions are available for unmarried individuals, while stepparent adoptions are available for married couples.

Donor Gametes in Surrogacy: The use of donor gametes does not hinder the ability of non-biological intended parents to obtain a pre-birth order in New Jersey. State laws specify that gamete donors are not considered legal parents, ensuring clear parental rights for intended parents.

Conclusion

Navigating the legal aspects of surrogacy in New Jersey requires careful consideration, expert legal advice, and a thorough understanding of the applicable laws. The legal framework is designed to protect the rights and well-being of all parties involved, including the surrogate, the intended parents, and the child. Staying informed and seeking professional legal counsel is essential for anyone considering surrogacy, ensuring a smooth and secure path to parenthood.

Guide: Everything you need to know to become a surrogate in New Jersey

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more