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Surrogacy Laws in New Jersey

New Jersey allows only gestational surrogacy contracts that are uncompensated. The surrogacy agreement issue with LGBT persons hasn’t been looked at by the courts yet.


Explanation: Surrogacy cases in the state have made a basically well-defined common law guideline that forbids traditional surrogacy agreements that allows only gestational surrogacy agreements that are uncompensated. One of the most famous surrogacy cases in the nation was in this state, and the Supreme Court of New Jersey looked at a traditional surrogacy agreement and invalidated it, which offered a $10,000 fee to the surrogate mother. The Court prohibited the use of money for an adoption placement and additionally held that nobody could abandon their parental rights contractually.

There was another case in 2000 where a Superior Court in New Jersey looked at the rights of intended parents in a gestational surrogacy arrangement that was uncompensated. The parents who were intended wanted to complete the Attorney General in the state to add their names to the birth certificate. The Court held that in a gestational surrogacy agreement, the parents who were intended had to wait 72 hours subsequent to the birth prior to the surrogate getting to surrender custody. Under New Jersey law, however, the birth certificate would have to be filed in five days subsequent to the child’s birth. So, a two-day window would exist through which the parents who were intended could be put on the birth certificate.



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