New Jersey Surrogacy Law Attorneys

At its most basic level, surrogacy is when a woman undergoes in vitro fertilization and carries the child to term with the intention of surrendering the child to a designated couple or person. There are two types of surrogacy: traditional and gestational. In traditional surrogacy, the surrogate uses her own egg fertilized by either a donor’s sperm or the sperm of an intended father. Traditional surrogates have a genetic link to the child, which makes this type of surrogacy legally risky. The more common type of surrogacy is done with the use of a gestational carrier. The gestational carrier undergoes in vitro fertilization with an egg and sperm from the intended parents, or some combination of donor and intended parent gametes. The gestational carrier’s eggs are not used in this process, which results in a lower legal risk to the intended parents.

Surrogacy requires sophisticated legal and medical preparation. The intended couple must find a suitable surrogate, which can be done through various matching programs and referrals. Before clearing the way from a medical standpoint, the intended parents and gestational carrier will negotiate and enter into a Gestational Carrier Agreement. If all is well, then the gestational carrier will undergo in vitro fertilization and begin medical care like a regular pregnancy. The surrogate will select a provider of her choice and inform the intended parents. If you are thinking about surrogacy but do not know where to find a surrogate or intended parents, Shankar Ninan can help.

The Gestational Carrier Agreement is a contract entered into between the surrogate and the intended parents. The Agreement is governed by New Jersey law and covers the material issues that arise in surrogacy partnerships. The surrogate and intended parents will be represented by separate counsel. The Gestational Carrier Agreement forms the legal basis of the surrogacy and birthright. It also serves as the guiding document for the interactions between the intended parents and the surrogate during and after pregnancy. Therefore, careful crafting of this Agreement is crucial.

The parties and attorneys work to ensure that the Agreement covers all the particular issues that arise in each individual case, along with any foreseeable obstacles. Although the law requires certain provisions to be covered in the Agreement, this is just the bare minimum. A robust Agreement will cover the common issues faced by both parties and plan for any foreseeable circumstances. Having attorneys who went through the surrogacy process, like Gigio and Sweekrutha, can provide you with a huge advantage in crafting your Agreement.

For example, the State does not require the gestational carrier to provide updates and pictures to the intended parents. However, an experienced attorney recognizes that these are important aspects of the parenting journey and will negotiate for this provision in the Gestational Carrier Agreement. Whether you are a surrogate or intended parent, having an attorney who has been personally invested in this process will help you identify potential issues that arise during the course of surrogacy and help both sides plan for them, facilitating a smooth and uneventful journey. Call Gigio or Sweekrutha today if you want to learn more about how their experience can help your family.

In gestational surrogacy, so long as the agreement is drafted properly and the legal filings are completed, the intended parents become the legal parents of the child. This is true even in the very unlikely event of a medical laboratory error. However, the Gestational Carrier Agreement must be drafted properly for this legal transfer to be enforceable. In addition to an enforceable agreement, the intended parents must file a complaint (a lawsuit) in court to establish legal parentage.

Yes, but do not let that term scare you. This is a legal formality and is usually not contested, but the process must be followed properly. Therefore, it is crucial that both the intended parents and the gestational carrier have an experienced attorney working for them. When the rules are followed, the court will issue a “Pre-Birth Order.” This Order establishes the intended parents as having legal rights to the child, which allows for a seamless transition once the baby is born. The Pre-Birth Order is also necessary for important post-birth paperwork, such as applying for a birth certificate and social security number.

Like the Gestational Carrier Agreement, the Pre-Birth Order requires very specific documents and elements of proof, such as filing affidavits and appearing for a hearing. But a good surrogacy attorney will be able to handle these filings and hearings on your behalf. At Shankar Ninan, we believe our job is to handle these legalities for you with as little disruption to the surrogate and intended parents as possible. We know you have your hands full planning for the baby’s birth. Give us a call and we can take care of this process while you focus on the fun parts of surrogacy.   

The State has set rules on who can be a valid gestational carrier. The gestational carrier must satisfy all these requirements for the Gestational Carrier Agreement to be enforceable. The gestational carrier must:

(1) be at least 21 years of age;

(2) have given birth to at least one child;

(3) have completed a medical evaluation approving her suitability to serve as a gestational carrier;

(4) have completed a psychological evaluation approving her suitability to serve as a gestational carrier; and

(5) has retained an attorney, independent of the intended parent, but for whose services the intended parent may pay, who has consulted with her about the terms of the gestational carrier agreement and the potential legal consequences of being a gestational carrier under the terms of this agreement.

New Jersey law allows a surrogate to receive payment for “reasonable” expenses related to the Gestational Service Agreement, such as medical care, legal services, clothing, food, housing, counseling, and spiritual care. These payments extend into the post-partum period and can be made directly to the carrier or a third party providing a service to the carrier. An experienced attorney can help you navigate and interpret these rules. Give us a call today and we can help you understand which type of expenses might be covered.  

This depends on the type of health insurance you have and can vary greatly by carriers. An experienced attorney can help you review your medical coverage and work with your insurance company to determine if coverage is possible.

We encourage you to contact us if you have any additional questions or if you think surrogacy is right for you and your family.