An introduction to the laws of Assisted Reproductive Technology (ART) in the State of New Jersey

Generally, is New Jersey friendly to ART? New Jersey is friendly to ART.

Is New Jersey friendly to non-married couples? New Jersey is friendly to non-married couples.

Is New Jersey friendly to LGBT families? New Jersey is friendly to LGBT families.

Is New Jersey friendly to a single intended parent? New Jersey is friendly to single intended parent.

Are there statutes in place for surrogacy?  New Jersey has a statute for surrogacy.

Does New Jersey have an embryo donation statute? New Jersey has a statute for embryo donation.

Does New Jersey have an egg donation statute? New Jerey has statutes for egg donation.

Is gestational surrogacy (third party gamete use) permitted? Gestational surrogacy is permitted in New Jersey.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Traditional surrogacy is NOT permitted in New Jersey.

Is compensated surrogacy allowed by statute?  Compensated surrogacy is allowed by statute in New Jersey.

Is un-compensated (expense reimbursement only) surrogacy allowed by statute?  Un-compensated surrogacy is allowed by statute in New Jersey.

Are surrogacy agreements enforceable, void or prohibited? Surrogacy agreements are enforceable in New Jersey by statute.

Do both Intended Parents have to be genetically related to the child? New Jersey does not require both intended parents to be genetically related to the child.

Does New Jersey require at least one Intended Parent to be genetically related to the child? New Jersey does not require at least one Intended Parent to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child? A single intended parent does not have to be genetically related to the child in New Jersey.

Do the Intended Parents have to be married? Intended Parents do not have to be married in New Jersey.

Do two Intended Parents have to be opposite gender? Two intended parents do not have to be opposite gender in New Jersey.

Does New Jersey allow pre-birth parentage orders to be issued for surrogacy? New Jersey allows a pre-birth parentage order for surrogacy.

Does New Jersey only allow a post-birth parentage order to be issued? New Jersey allows a post-birth parentage order.

Can you obtain both a pre and post birth order in New Jersey for the same child?  Intended Parents may be able to obtain a post-birth order in New Jersey.

Can you obtain a parentage order if only the carrier resides in New Jersey? Intended parents can obtain a parentage order if only the carrier resides in New Jersey.

Can you obtain a parentage order if only the intended parents reside in New Jersey? A parentage order can be obtained if only the intended parents reside in New Jersey.

Can you obtain a parentage order if only the birth occurs in New Jersey? A parentage order can be obtained in New Jersey if only the child is born in New Jersey.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in New Jersey? It is not likely that a parentage order can be obtained if only the medical procedures/IVF Clinic is in New Jersey.

What is the basis for venue in New Jersey? In New Jersey, the basis for venue is the intended parents’ residence, the gestational carrier’s residence, or the child’s birth.

Do results vary by venue? Results should not vary by venue in New Jersey.

Is a hearing required for a parentage order? It is not likely that a hearing will be required in New Jersey.

Does New Jersey have a passport office? New Jersey does have a passport office. The New York City and Philadelphia US Passport offices are close to new Jersey or the intended parents can hire a service to obtain the passport.

How long does it take to obtain a birth certificate? It takes at least a month to obtain a birth certificate in New Jersey.

Will your vital records honor a parentage order from another state?  New Jersey vital records will honor a parentage order from another state.

Does your vital records office require a parentage order from another state to be registered? No, the New Jersey vital records office does not require a parentage order from another state to be registered.

How does the birth certificate list same-sex parents? A New Jersey birth certificate lists the names of the same-sex parents.

Can the birth certificate be amended to include only the biological parent or both intended parents? A New Jersey birth certificate can be amended to include both intended parents.

Do your amended birth certificates say “amended” on them? A New Jersey amended birth certificate does not say “amended.”

Can intended parents in a surrogacy obtain an adoption order? Yes, intended parents in a surrogacy can obtain an adoption order.

Assisted Reproduction law and surrogacy involve many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of New Jersey should not rely exclusively on these printed responses.  All these issues should be discussed with a New Jersey ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.