New Jersey Surrogacy Laws 2026

Understanding surrogacy laws in New Jersey

Welcoming a child through surrogacy is a profound and life-changing journey—one that deserves clarity, compassion, and unwavering legal protection. New Jersey surrogacy laws have evolved to offer just that: a safe, transparent, and inclusive framework for Intended Parents and Surrogates alike. Whether you’re dreaming of growing your family or considering the generous act of becoming a Surrogate, you can feel confident knowing that New Jersey’s legal landscape is designed to support and safeguard everyone involved.

Since the passage of the New Jersey Gestational Carrier Agreement Act in 2018, the state has become a beacon of hope for families seeking surrogacy. This law not only recognizes and regulates gestational surrogacy agreements but also ensures that all parties—regardless of marital status, sexual orientation, or genetic connection—are treated with dignity and respect. The result is a surrogacy process that is both legally secure and emotionally supportive, reflecting Hatch’s commitment to safety, transparency, and respect at every step.

Types of surrogacy recognized in New Jersey

New Jersey stands out for its clear recognition of gestational surrogacy, the most common and legally protected form of surrogacy in the state. Here’s what you need to know:

Gestational surrogacy

• Definition: In gestational surrogacy, the Surrogate (also called a gestational carrier) has no genetic relationship to the child. The embryo is created using the Intended Parent(s)’ egg and/or sperm, or with the help of donors.
• Legal status: Gestational surrogacy agreements are fully legal and enforceable in New Jersey, provided they meet the requirements set forth by state law.
• Why it matters: This legal clarity means Intended Parents can pursue surrogacy with peace of mind, knowing their parental rights are protected from the very beginning.

Traditional surrogacy

• Definition: In traditional surrogacy, the Surrogate uses her own egg, making her the child’s genetic mother.
• Legal status: Traditional surrogacy is not protected or regulated under New Jersey law. These arrangements are generally discouraged due to the complex legal and emotional issues they can create.
• Why it matters: For the safety and security of all involved, New Jersey agencies and attorneys strongly recommend gestational surrogacy as the preferred and legally supported path.

By focusing on gestational surrogacy, New Jersey ensures that every family-building journey is grounded in legal certainty and emotional care.

Who can become a Surrogate or Intended Parent in New Jersey

New Jersey’s surrogacy laws are intentionally inclusive, welcoming a diverse range of families and Surrogates. Here’s what you need to know about eligibility:

Intended Parents

• Marital status: Both married and unmarried individuals or couples are eligible.
• Sexual orientation: All Intended Parents, including LGBTQ+ individuals and couples, are welcome.
• Genetic connection: There is no requirement for Intended Parents to be genetically related to the child.
• Residency: You do not need to be a New Jersey resident to pursue surrogacy in the state, making it a popular choice for out-of-state and international families.

Gestational Surrogates

• Age: Surrogates must be at least 21 years old.
• Health: A thorough medical and psychological screening is required to ensure the Surrogate’s well-being and readiness.
• Previous pregnancy: Surrogates must have given birth to at least one child of their own.
• Legal representation: Surrogates must have independent legal counsel to review and negotiate the surrogacy agreement.

These safeguards are in place to protect and support everyone involved, ensuring that the surrogacy journey is as safe and positive as possible.

Legal rights and protections for Surrogates and Intended Parents

New Jersey surrogacy laws are built on a foundation of fairness, transparency, and respect. The Gestational Carrier Agreement Act outlines clear legal rights and responsibilities for both Surrogates and Intended Parents:

For Intended Parents

• Parental rights: Intended Parents are recognized as the legal parents from birth, regardless of genetic connection.
• Security: The law prevents Surrogates from asserting parental rights over the child, eliminating uncertainty and stress.
• Inclusivity: All Intended Parents—single, married, LGBTQ+, or heterosexual—enjoy equal legal protections.

For Surrogates

• Compensation: Surrogates may receive reasonable compensation for their time, effort, and expenses.
• Autonomy: Surrogates retain the right to make medical decisions regarding their own health throughout the pregnancy.
• Legal support: Independent legal counsel is required, ensuring Surrogates fully understand and agree to the terms of the arrangement.

For both parties

• Written agreement: All surrogacy arrangements must be formalized in a written contract before any medical procedures begin.
• Counseling: Both Surrogates and Intended Parents must undergo counseling to ensure emotional readiness and informed consent.
• Transparency: The law requires full disclosure of all terms, risks, and responsibilities, fostering trust and open communication.

These protections reflect New Jersey’s commitment to creating a surrogacy process that is not only legally sound but also deeply respectful of everyone’s rights and well-being.

Establishing parentage through pre-birth orders

One of the most reassuring aspects of New Jersey surrogacy laws is the ability to establish parentage before the child is born. This process, known as a pre-birth order, offers peace of mind and legal certainty for Intended Parents and Surrogates alike.

How pre-birth orders work

• Timing: Intended Parents can petition the court for a pre-birth order once the surrogacy agreement is in place and the pregnancy is confirmed.
• Process: The court reviews the surrogacy agreement and supporting documentation to ensure all legal requirements are met.
• Outcome: If approved, the pre-birth order names the Intended Parents as the legal parents on the child’s birth certificate from the moment of birth.

Why pre-birth orders matter

• Immediate parental rights: Intended Parents can make medical decisions for their child and take the baby home directly from the hospital.
• No adoption required: There is no need for post-birth adoption or additional legal steps, streamlining the process and reducing stress.
• Protection for all: Surrogates are relieved of any legal parental responsibilities, and Intended Parents’ rights are fully secured.

This streamlined, compassionate approach ensures that every family created through surrogacy in New Jersey begins with clarity, confidence, and the full support of the law.

Begin your surrogacy journey in New Jersey with confidence

Choosing surrogacy is a courageous and loving decision—one that deserves the highest level of care, transparency, and legal protection. At Hatch, we’re here to guide you every step of the way, ensuring your journey is safe, supported, and filled with hope. Whether you’re an Intended Parent or a potential Surrogate, you can trust our expertise and compassion to help you build the family you’ve always dreamed of.

Ready to take the next step?
Let Hatch be your partner in this extraordinary journey. Reach out today to begin your surrogacy experience in New Jersey with confidence, clarity, and the unwavering support you deserve.

Frequently Asked Questions

• Are compensated surrogacy agreements legal under New Jersey surrogacy laws?
  Yes, compensated gestational surrogacy is fully legal and protected in New Jersey, provided all legal requirements are met.
• Do Intended Parents need to be married to pursue surrogacy in New Jersey?
  No, New Jersey surrogacy laws welcome both married and unmarried individuals or couples as Intended Parents.
• Can LGBTQ+ individuals or couples become parents through surrogacy in New Jersey?
  Absolutely. Surrogacy laws in New Jersey are inclusive and protect the rights of all Intended Parents, regardless of sexual orientation.
• What protections exist for Surrogates under New Jersey surrogacy laws?
  Surrogates are entitled to independent legal counsel, reasonable compensation, and the right to make medical decisions about their own health.
• How is parentage established for Intended Parents in New Jersey?
  Parentage is established through a pre-birth order, ensuring Intended Parents are recognized as the legal parents from birth.
• Is traditional surrogacy allowed in New Jersey?
  Traditional surrogacy is not protected or regulated under New Jersey law and is generally discouraged due to legal complexities.