Vetoed by Governor Chris Christie

Vote Smart's Synopsis:

Vote to pass a bill that amends surrogacy laws so that the "intended parents" become the legal parents once the child is born.

Highlights:

• Authorizes “intended parents” to be legal parents of a child borne by a surrogate provided that the  surrogate is a “gestational carrier” and that the “gestational carrier” and “intended parent” satisfy certain eligibility requirements and enter into a “gestational carrier agreement” (Sec. 4).

• Defines “intended parent” as an individual, including a person who is single, married, or a partner in a civil union or domestic partnership, who enters into a “gestational carrier agreement” with a “gestational carrier” (Sec. 3).

• Defines “gestational carrier” as a woman who agrees to become pregnant for an intended parent by using reproductive technology, not using her own egg (Sec. 3).

• Defines “gestational carrier agreement” as a written contract between the gestational carrier and the intended parent, stating that the intended parent agrees to become the legal parent of the child carried by the gestational carrier (Sec. 3).

• Specifies that if an intended parent is a spouse, or partner in a civil union or domestic partnership, both spouses or partners shall be legal parents of the child carried by the gestational carrier (Sec. 4).

• Requires an intended parent to meet the following requirements (Sec. 5):
• Completion of a psychological evaluation that approves the intended parent's “suitability to participate in a gestational carrier agreement”;
• Retention of an attorney to explain the legal aspects of a gestational carrier agreement.

• Requires gestational carriers to meet the following requirements (Sec. 5):
• Is at least 21 years of age at the time of the gestational carrier agreement;
• Has given birth to at least one child;
• Completion of a medical evaluation;
• Completion of a psychological evaluation approving her “suitability to serve as a  gestational carrier”; and
• Retention of an attorney to explain the legal aspects of being a gestational carrier.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

• Requires that, in order to establish a parent-child relationship, an intended parent must file a complaint after the gestational carrier has become pregnant, for an order of parentage, with the Superior Court, Chancery Division, Family Part of the appropriate county, and that the complaint  includes the following (Sec. 7):
• An affidavit by the gestational carrier and her spouse or partner, if any, and the intended parent that they have entered into a gestational carrier agreement;
• An affidavit of representation by the attorneys representing the intended parent and gestational carrier, and her spouse or partner, if any.
• A statement from the medical facility which performed the assisted reproduction regarding the achievement of pregnancy.   

• Requires the Superior Court to schedule a hearing on a complaint for an order of parentage but may decide the matter without an appearance from the intended parent or gestational carrier if the matter is uncontested (Sec. 7).

• Requires a gestational carrier agreement to include the following provisions (Sec. 6):
• The gestational carrier must agree to undergo a pre-embryo transfer and attempt to carry and give birth to the child;
• The gestational carrier must agree to surrender custody of the child to the intended parent or parents once the child is born;
• The gestational carrier  has the right to receive medical care provided by a physician, advance practice nurse or certified nurse midwife of her choice, after she notifies the intended parent or parents in writing;
• The intended parent agrees to accept custody of the child immediately upon the child's birth;
• The intended parent agrees to assume sole responsibility for the support of the child once the child is born; and
• The intended parent agrees to pay “reasonable expenses” for the gestational carrier.

• Defines “reasonable expenses” as expenses that include the following (Sec. 3):
• Medical, hospital, counseling, and other similar expenses related to the gestational agreement during and after pregnancy;
• “Reasonable” living expenses during pregnancy;
• “Reasonable”attorney fees and costs for legal services related to the gestational carrier agreement.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends surrogacy laws so that the intended parents become the legal parents once the child is born.

Highlights:

• Authorizes “intended parents” to be legal parents of a child borne by a surrogate provided that the  surrogate is a “gestational carrier” and that the “gestational carrier” and “intended parent” satisfy certain eligibility requirements and enter into a “gestational carrier agreement” (Sec. 4).

• Defines “intended parent” as an individual, including a person who is single, married, or a partner in a civil union or domestic partnership, who enters into a “gestational carrier agreement” with a “gestational carrier” (Sec. 3).

• Defines “gestational carrier” as a woman who agrees to become pregnant for an intended parent by using reproductive technology, not using her own egg (Sec. 3).

• Defines “gestational carrier agreement” as a written contract between the gestational carrier and the intended parent, stating that the intended parent agrees to become the legal parent of the child carried by the gestational carrier (Sec. 3).

• Specifies that if an intended parent is a spouse, or partner in a civil union or domestic partnership, both spouses or partners shall be legal parents of the child carried by the gestational carrier (Sec. 4).

• Requires an intended parent to meet the following requirements (Sec. 5):
• Completion of a psychological evaluation that approves the intended parent's “suitability to participate in a gestational carrier agreement”;
• Retention of an attorney to explain the legal aspects of a gestational carrier agreement.

• Requires gestational carriers to meet the following requirements (Sec. 5):
• Is at least 21 years of age at the time of the gestational carrier agreement;
• Has given birth to at least one child;
• Completion of a medical evaluation;
• Completion of a psychological evaluation approving her “suitability to serve as a  gestational carrier”; and
• Retention of an attorney to explain the legal aspects of being a gestational carrier.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

• Requires that, in order to establish a parent-child relationship, an intended parent must file a complaint after the gestational carrier has become pregnant, for an order of parentage, with the Superior Court, Chancery Division, Family Part of the appropriate county, and that the complaint  includes the following (Sec. 7):
• An affidavit by the gestational carrier and her spouse or partner, if any, and the intended parent that they have entered into a gestational carrier agreement;
• An affidavit of representation by the attorneys representing the intended parent and gestational carrier, and her spouse or partner, if any.
• A statement from the medical facility which performed the assisted reproduction regarding the achievement of pregnancy.   

• Requires the Superior Court to schedule a hearing on a complaint for an order of parentage but may decide the matter without an appearance from the intended parent or gestational carrier if the matter is uncontested (Sec. 7).

• Requires a gestational carrier agreement to include the following provisions (Sec. 6):
• The gestational carrier must agree to undergo a pre-embryo transfer and attempt to carry and give birth to the child;
• The gestational carrier must agree to surrender custody of the child to the intended parent or parents once the child is born;
• The gestational carrier  has the right to receive medical care provided by a physician, advance practice nurse or certified nurse midwife of her choice, after she notifies the intended parent or parents in writing;
• The intended parent agrees to accept custody of the child immediately upon the child's birth;
• The intended parent agrees to assume sole responsibility for the support of the child once the child is born; and
• The intended parent agrees to pay “reasonable expenses” for the gestational carrier.

• Defines “reasonable expenses” as expenses that include the following (Sec. 3):
• Medical, hospital, counseling, and other similar expenses related to the gestational agreement during and after pregnancy;
• “Reasonable” living expenses during pregnancy;
• “Reasonable”attorney fees and costs for legal services related to the gestational carrier agreement.

Full Bill Text