Surrogacy By State

Surrogacy in New Jersey

Key Points:

If you’re wondering how to become a surrogate in New Jersey, it’s important to know that surrogacy in New Jersey is legally complicated. This is because:

  • New Jersey has specific surrogacy amendments that must be followed.
  • New Jersey laws specifically state that gestational surrogates can only receive “reasonable expenses,” which doesn’t include a base payment.

Although New Jersey is less surrogacy-friendly, surrogacy can still be possible for you.

If you want to pursue surrogacy in New Jersey, contact us today to discuss your options. But, if you want to learn more about surrogacy in New Jersey, continue reading this guide and the guides listed below.

Speak with a specialist today!

What is Surrogacy in New Jersey?

Surrogacy is a collaborative pregnancy between intended parents and a surrogate. A surrogate becomes pregnant after an embryo transfer. When the baby is born, the intended parents have legal parental rights, and the surrogate receives general and base compensation.

People almost always pursue gestational surrogacy because it’s less legally risky and not as emotionally straining as traditional surrogacy.

What is Gestational Surrogacy?

In gestational surrogacy, the intended mother’s or donor’s egg is fertilized and transferred to the surrogate. The surrogate is not related to the baby and shares no genetic material.

New Jersey Surrogacy Laws

In 2018, surrogacy amendments laid out all the legal steps of gestational surrogacy in New Jersey. In addition to these amendments, New Jersey’s laws specifically state that compensated surrogacy is unenforceable.

According to American Surrogacy, a national surrogacy agency, surrogates can only be paid for reasonable expenses. These include:

  • Legal services and attorney fees
  • Reasonable living expenses, like clothing, medical care, food, shelter, and counseling services  

What do Surrogacy Agencies in New Jersey do?

Surrogacy agencies in New Jersey make the surrogacy journey easier for intended parents and surrogates. These agencies will provide you with professionals who can:

  • Interpret the state’s surrogacy laws
  • Match intended parents and surrogates
  • Support intended parents and surrogates throughout the surrogacy journey
  • Figure out what’s considered legal compensation for surrogates
  • And more

The following are just a few New Jersey surrogacy agencies you could choose to work with:

How to Become a Surrogate in New Jersey

In general, a woman in New Jersey can become a surrogate by completing these steps:

  1. Deciding surrogacy is right for them
  2. Completing and passing required mental, physical, and medical screenings
  3. Matching with intended parents and creating a contract
  4. Getting pregnant and fulfilling any pre-birth contact agreements with the intended parents
  5. Giving birth and transferring all parental rights to the intended parents

How Much do Surrogates get Paid in New Jersey?

Compensated surrogacy in New Jersey is illegal. But, surrogates can receive compensation for their attorney fees, medical expenses, and other common living expenses.

Generally, surrogates can pursue compensated (commercial) surrogacy or altruistic surrogacy in states where compensation is permitted.

Compensated Surrogacy

A surrogate begins to receive her base compensation in payments after a pregnancy is confirmed. These payments come every month. The last payment happens once the surrogate delivers the baby.

In general, first-time surrogates can expect to make $45,000-50,000. Experienced surrogates, and surrogates who live in certain states, can receive up to $75,000.

In addition to getting compensation for surrogacy, all surrogates (including altruistic surrogates) receive free surrogacy- and pregnancy-related services. This applies to New Jersey surrogates, too.

You never have to pay to be a surrogate.

Altruistic Surrogacy

A surrogate may waive her right for compensation if she knows the intended parents and wants to help them keep their surrogacy costs down. But, most all surrogacy professionals will encourage surrogates to take some type of compensation to avoid worries of being taken advantage of as the surrogacy progresses.


Our partners at American Surrogacy pay surrogates a range from $50,000-$110,000 depending on location and experience.

Next Steps Toward Surrogacy in New Jersey

You can continue reading about surrogacy in New Jersey in the articles below. But, if you want to reach out to one of our specialists to figure out how you can have a safe, supported surrogacy in New Jersey, contact us today.

Male and Female couple smiling with surrogate mother
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