From Baby M to Enforceable Surrogacy Protections in New Jersey
New Jersey shaped surrogacy law nationwide when the Baby M case declared surrogacy contracts unenforceable in 1988. Thirty years later, the Gestational Carrier Agreement Act replaced that legacy with enforceable protections for intended parents, surrogates and their children.
Surrogate Alternatives works with intended parents and surrogates in New Jersey from its San Diego, California headquarters. The team is made up of current and former surrogates, so the people walking you through the process have lived it. Surrogate Alternatives has been building families since 1998.
How the Gestational Carrier Agreement Act Replaced the Baby M Legacy
Gestational Surrogacy Contracts Are Enforceable Under State Law
The New Jersey Gestational Carrier Agreement Act, signed into law on May 30, 2018, makes gestational surrogacy contracts legal and enforceable. The Act replaced the legal uncertainty that followed the Baby M decision. Surrogacy agreements must be in writing and signed by all parties before any medical procedures begin. Both the intended parents and the surrogate must have independent legal counsel and must complete psychological evaluations.
Pre-Birth Orders Protect Every Family Structure
New Jersey courts issue pre-birth parentage orders so intended parents are established as the legal parents to the child prior to birth. The order directs the state registrar to issue a birth certificate naming the intended parents as the legal parents to the child.
The state grants pre-birth orders to married and unmarried couples, LGBTQ+ families and single intended parents, with no genetic connection to the child required. Surrogate Alternatives coordinates with reproductive law attorneys to manage contracts, pre-birth orders and parentage throughout the process.
Independent Legal Representation Is Required for All Parties
The Gestational Carrier Agreement Act requires that both the intended parents and the surrogate have independent legal counsel before the agreement is signed. This requirement ensures that each party fully understands their rights and obligations under the contract before any medical procedures begin. Neither side can waive this protection. Surrogate Alternatives coordinates with experienced reproductive law attorneys to ensure all parties are represented and that agreements meet every statutory requirement under New Jersey law.
How Intended Parents in New Jersey Work with Surrogate Alternatives
Surrogate Alternatives serves New Jersey intended parents from its San Diego headquarters. Intended parents connect with the team by phone, video or in person for a free, no-obligation consultation, where an agency director walks them through the full surrogacy process and answers questions about medical, legal and financial requirements.
The journey follows four phases: consultation, matching, medical and legal coordination, then pregnancy and birth. There is no waiting list. Many intended parents begin reviewing potential matches within days, based on compatibility rather than location. Only about 5% of surrogate applicants move forward after screening.
Surrogate Alternatives coordinates with reproductive law attorneys to manage contracts, pre-birth orders and parentage. All client funds are held in a 100% third-party escrow account through SeedTrust, and Surrogate Alternatives does not hold or control escrowed funds at any point.
Become a Surrogate in New Jersey and Help a Family Grow
Surrogate Alternatives is looking for qualified, caring women in New Jersey who want to give intended parents the family they have been hoping for. The team includes current and former surrogates who provide support, guidance and competitive compensation throughout the journey.
Becoming a Surrogate
Surrogate Alternatives requires candidates to have at least one prior healthy pregnancy and delivery. Candidates must maintain a healthy lifestyle, be free from illegal substances and tobacco, be financially stable and be a U.S. citizen or permanent resident. The Gestational Carrier Agreement Act requires surrogates to be at least 21 years old. After matching, surrogates complete a psychological evaluation and medical screening.
How Surrogates Are Compensated
New Jersey law structures surrogate compensation as reasonable living expenses and costs rather than base compensation. Surrogate Alternatives offers competitive compensation within this framework, with experienced surrogates eligible for higher rates. Additional compensation is provided for a twin pregnancy, and surrogates receive a monthly non-accountable expense allowance and a maternity clothing allowance. All compensation is managed through third-party escrow.
Ongoing Wellness and Community
Surrogate Alternatives provides a Pregnancy Wellness Program that includes dietary and nutritional counseling, acupuncture, massage and prenatal vitamins. Surrogate Alternatives was the first surrogacy agency to offer a wellness package. Surrogates also have access to an online support group, mentorship from experienced surrogates and annual retreats. A 24/7 emergency line is available to reach management throughout the journey.
