What the 2018 law changed
The Gestational Carrier Agreement Act created an express statutory pathway for gestational-carrier agreements after earlier New Jersey law had treated compensated traditional-surrogacy arrangements differently. The current analysis should focus on the statute and the facts of the gestational-carrier arrangement rather than broad labels about the state.
Agreement and compensation
The statute sets requirements for qualifying agreements and permits compensation within the statutory framework. The agreement should address compensation, expenses, insurance and the parties' responsibilities with independent legal review.
Parentage
New Jersey law provides a statutory route for intended-parent parentage in qualifying arrangements. Court timing and vital-record procedures should be confirmed for the actual case rather than treated as automatic.
What to verify
- Whether the parties and agreement satisfy the current statute.
- Timing of execution relative to medical procedures.
- Independent legal representation and informed consent.
- Insurance and financial obligations.
- The planned parentage filing and jurisdiction.