Surrogacy has long been a controversial option for parents who wish to have a child when other avenues haven’t worked. As technology has improved, couples have also turned to gestational surrogacy—the situation where a couple uses their sperm and egg to form an embryo, but a surrogate carries that embryo.
In New Jersey, gestational surrogates may have some parental rights. Currently, a gestational surrogate in New Jersey has three days to decide whether or not she wants to give up her parental rights. If she chooses not to give up her parental rights, a custody battle may ensue.
Recently, however, Senator Joseph Vitale has introduced a bill that would change New Jersey gestational surrogacy law. The bill aims to provide more protections for the gestational parents, and in particular, would eliminate the gestational surrogate’s parental rights. The bill also contemplates certain requirements in order to serve as a gestational surrogate. For example, the surrogate must be at least 21 years of old, previously given birth, and have an attorney. The bill also imposes specific requirements for any gestational surrogacy agreement.
The bill has passed the Senate and will soon be considered by the Assembly. While it is unknown whether the bill will eventually become law, if it does, its provisions will drastically change the law surrounding gestational surrogacy agreements.
If you have questions about surrogacy, call the experienced attorneys at Sarno da Costa D’Aniello Maceri LLC at (973) 274-5200.
