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Some Information On Surrogacy Contracts

Some Information on Surrogacy Contracts

Surrogacy contracts, which are also known as gestational carrier agreements, are documents that define the rights and responsibilities of surrogate mothers and intended parents. These contracts are used for all gestational surrogacies in New Jersey, and fertility clinics will not perform surrogacy procedures unless a legally binding agreement is in place.

The New Jersey Gestational Carrier Agreement Act

New Jersey lawmakers passed the Gestational Carrier Agreement Act in 2018. Prior to this law’s passage, paid surrogacy arrangements were illegal in the Garden State. The law created strict requirements that all parties to a gestational surrogacy must meet. These requirements include:

  • The surrogate mother and intended parents must be represented by attorneys familiar with this area of the law.
  • The surrogate mother must be at least 21 years of age.
  • The surrogate mother must have given birth to at least one child before entering into the agreement.
  • The surrogate mother must undergo a thorough medical and psychological evaluation.
  • The intended parents must undergo a thorough psychological evaluation.
  • The agreement must state that the intended parents will accept custody of the child.
  • The agreement must state that the surrogate mother will allow the intended parents to accept custody of the child.

The intended parents who sign surrogacy agreements in New Jersey are usually married couples, but they do not have to be. The Gestational Carrier Agreement Act allows individuals and unmarried couples to enter into agreements with surrogate mothers, and same-sex couples have the same rights as opposite-sex couples.

Gestational and Traditional Surrogacy

The Gestational Carrier Agreement Act, which was revised in 2023, applies when the surrogate mother is compensated and undergoes in vitro fertilization procedures to become pregnant. The law does not apply when the surrogate mother’s own eggs are fertilized. Traditional surrogacies are legal in New Jersey, but the surrogate mother can only be compensated for her food, shelter and medical and counseling costs. The vast majority of surrogacies in New Jersey are gestational surrogacies.

The Importance of Qualified Legal Representation

New Jersey law requires surrogate mothers and intended parents to each be represented by a New Jersey adoption attorney when they enter into surrogacy contracts, but this would be advisable even if it were not a legal requirement. Qualified legal representation ensures that the agreement will be fair and legally enforceable and protect the rights of all parties involved. The entire process is far less stressful for intended parents and surrogate mothers when the negotiations are handled by lawyers. The provisions of a surrogacy contact should cover matters including:

  • The surrogate mother’s compensation and how that compensation will be modified if more than one egg is fertilized
  • The surrogate mother’s responsibility to maintain a healthy lifestyle during the pregnancy
  • Whether or not the intended parents will attend prenatal appointments and be present at the birth
  • The conditions that would necessitate the termination of the pregnancy

The Surrogacy Contract Procedure

Drafting a surrogacy contract should be a collaborative process. The initial draft of the contract is usually written by the attorney representing the intended parents and sent to the surrogate mother’s lawyer. The surrogate mother and her attorney will then discuss the terms of the agreement. If the surrogate mother is not happy with the agreement and proposes changes, her attorney and the intended parents’ attorney will negotiate until an agreement is reached that satisfies all parties.

Legal Advice and Representation for Intended Parents and Surrogates

If you are a New Jersey resident and plan to enter into a gestational surrogacy arrangement, you will need to abide by the provisions of the Gestational Carrier Agreement Act. This means that you will require the services of an experienced New Jersey adoption attorney. The law firm of Cofsky & Zeidman has over 25 years of experience in this area, and we are ready to answer any questions you have. You can call our Haddonfield office at (856) 429-5005, or you can use our online form to schedule a consultation.

The Different Costs Of Adoption

How Much Does Adoption Cost?

New Jersey adoption lawyers report that the typical cost of adoption in the state can be as much as $50,000 or more. For this reason, many people who want to add to their family in this manner believe that they simply cannot afford it. There are ways to achieve adoption even if one does not have thousands in the bank, however, and it often begins with finding a good attorney with extensive experience navigating the system.

Adoption Fees

There are three core types of adoption: foster adoption, domestic adoption and international adoption. Foster adoption involves the smallest amount of fees because the foster system covers most of the cost. Domestic adoption refers to adopting a child from the U.S. through an adoption agency. This will be more expensive, as there will be adoption agency fees involved. International adoption is, as the name implies, when you adopt a child from another country, typically through its foster care system. This will usually be more expensive than a domestic adoption because there will be both domestic and international fees.

Search Fees

If you want to adopt an infant, there will generally be search fees. These are paid to the adoption agency that matches you with a birth mother. If the agency is handling all aspects of the adoption, it will typically roll the fees into its overall fee. If you are pursuing an independent adoption, you will need to pay the consulting and advertising fees separately. Total fees often range from $3,000 to $7,000.

Birthing Parent Expenses

If adopting a newborn, you will be expected to cover the birthing mother’s expenses. That can include medical bills and some living expenses in addition to legal fees, travel expenses and counseling costs. This typically ranges from $6,000 to $8,000 for a private adoption.

Legal Fees

There is a lot that goes into an adoption, including filing court documents, negotiating with the birth mother and terminating the rights of the birth parent(s). What is often overlooked when it comes to legal fees is just how much money a good adoption attorney can save you overall.

Travel

Local adoptions usually have no significant travel costs associated with them. If adopting out of state, experts say travel costs can be around $3,000. If adopting internationally, experts suggest planning for between $6,000 and $9,000.

Home Study

Home study is required for all domestic adoptions in the U.S. The adopting parents must cover the costs for background checks, counseling and in-home observation.

Unexpected Adoption Fees

A common concern among people who want to adopt is unexpected fees that may come up suddenly when the process is already underway. Such fees generally only occur when dealing with people and organizations that do not have an ethical, child-centered approach. Avoiding this begins with choosing an experienced attorney who is going to have your best interests in mind. It is also important to deal with an established and reputable adoption agency. With this approach, you will know all the costs up front and not have to deal with any surprises.

Financing Adoption

While adoption can be expensive, there are ways to offset the burden. Those with limited budgets may want to consider fostering a child rather than adoption. It is often a significantly less expensive route and can even be free. There are adoption grants available in addition to the federal adoption tax credit. Active military personnel may be eligible for a one-time reimbursement. Many big companies offer employer-sponsored adoption programs as well. You should also speak with a New Jersey adoption lawyer or contact your local Social Services office to learn about local opportunities.

Would You Like to Adopt?

If you are interested in adoption, the law office of Cofsky & Zeidman would like to help. Attorney Donald Cofsky has personally helped more than 1,500 families adopt since joining the bar in 1974. To schedule an appointment, you can contact us online or call our Haddonfield office at (856) 429-5005 or our Woodbury office at (856) 845-2555.