What are the rules for surrogacy?

On Behalf of | Aug 19, 2020 | Family Law |

Acting as a surrogate from a couple who want to have a baby but cannot do so on their own is a very selfless and caring act. However, it is not without its risks, which is why you must have a contract agreement from the very start.

According to NJ.com, the state does require a contract under the New Jersey Gestational Carrier Act. One of the main reasons for this law is to close a loophole that was previously an issue for intended parents with no biological connection to the baby.

The agreement

The required contract will help set out rules about the surrogacy and the duties of each party. It also helps clarify that when the baby is born, the parents’ names will go on the birth certificate, and you, as the surrogate, have no parental rights to the child.

It also must allow you to make your own choices about where you receive medical care throughout the process, including where you will deliver. It can cover who will pay for expenses, such as your medical bills and living expenses.

You and the parents must sign the agreement. You also must have your own attorney separate from the parents who advises you and acts on your behalf independent of the parents and their attorney.


To act as a surrogate, you must complete medical and psychological exams. The parents also must complete psychological exams. You also must be at least 21 years old. Finally, you have to have at least one past pregnancy and live birth of your own child.