Client Alert: Surrogacy Contracts
Certain Surrogacy Contracts May be Enforceable in New Jersey Upon the Passing of the NJGCAA
New Jersey is in the final stages of passing the New Jersey Gestational Carrier Agreement Act (NJGCAA).
A gestational carrier agreement is a written contract between a “gestational carrier” and an “intended parent.” The gestational carrier is a woman who agrees to carry and give birth to a child who she has no genetic relationship with and is created using assisted reproduction on behalf of an intended parent. The intended parent becomes the legal parent of the child and the gestational carrier has no parental rights or obligations upon the birth of the child. In short, under the NJGCAA, an agreement requiring a woman to carry a child, with whom she shares no genetic material, on behalf of an intended parent who will be entitled to all legal rights and obligations upon the birth of the child, would be an enforceable contract under New Jersey Law.
If you or someone you know is having difficulty conceiving a child and would like to explore surrogacy or adoption, then please call the skilled family lawyers at the Law Office of Lyons & Associates. At the law office of Lyons & Associates, our divorce lawyers in New Jersey represent men and women throughout New Jersey who have unresolved family law matters. We place a premium on personalized service and attention. For a private consultation, contact us online or call our offices at 908-575-9777.
Written by: Mark T. Gabriel, Esq.