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Surrogacy Law in New Jersey

no-image New Jersey - Gestational surrogacy contracts are enforceable in the court of law. Genetic surrogacy contracts are not enforceable.

A surrogate is entitled to receive compensation in excess of the reimbursement for expenses incurred. However, a person acting as a genetic surrogate may not receive compensation in excess of the reimbursement of expenses incurred.

Intended parents may enter into surrogacy agreements regardless of their marital status.

State law defines certain rights of the surrogate:

  • A surrogate must have a consultation with independent legal counsel of their choice, but the intended parents are not required to pay for it.

  • Both the surrogate and the intended parents must complete a psychological evaluation.

  • A surrogate has the right to choose her medical professional, yet she must notify the intended parents of her choice.

  • The intended parents are the party responsible for payment of certain medical, mental health counselling and living expenses of a person acting as a surrogate, except in the case where the surrogate specifically waives this right.

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