Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote on a bill that authorizes couples to enter into legally binding agreements with surrogate mothers.

Highlights:

• Establishes the act to be known as the “New Jersey Gestational Carrier Agreement Act (Sec. 1).”

• Authorizes gestational carrier agreements to be in accord with the public policy of the state (Sec. 2).

• Authorizes that an intended parent may be single, married, partners in a civil union or domestic partnership, and couples who are not married or in a civil union or domestic partnership (Sec. 3).

• Requires that the gestational carrier and the intended parent satisfy the eligibility requirements set forth in section 5 of P.L. (Sec. 4).

• Authorizes that immediately upon the birth of the child the intended parent shall be the legal parent of the child and the gestational carrier shall have no legal claim over the child (Sec. 4).

• Requires that in the event of a medical error in which the child is not genetically related to the intended parent, the intended parents will still be the legal parent of the child (Sec. 4).

• Establishes that a gestational carrier must be a woman 21 years of age or older, given birth to at least one child, completed medical and psychological evaluations, and retained an attorney (Sec. 5).

• Establishes that the intended parents must complete a psychological evaluation and be represented by an attorney (Sec. 5).

• Requires that a gestational carrier agreement be executed by a gestational carrier and the intended parents and be executed after the psychological and medical tests (Sec. 5).

• Requires that a gestational carrier agreement express terms for the gestational carrier and the intended parents (Sec. 6).

• Requires a gestational carrier agreement to set forth the financial responsibilities of both parties (Sec. 6).

• Establishes that a breach of the agreement by the intended parents does not relieve them of support obligations in the contract (Sec. 7).

• Prohibits the gamete donor from claiming legal ownership of the child (Sec. 7).

• Requires that all records of the gestational carrier agreement shall remain confidential, except that they may be made available to the child once they have reached 18 years of age (Sec. 9).

Full Bill Text