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Student Project: Surrogacy Research Guide: New Jersey

This research guide explores surrogacy laws in the United States, specifically New York, New Jersey, Florida and California.

Surrogacy Law in New Jersey

There is no statute governing surrogacy or surrogate contracts in New Jersey.

Legislative History - Proposed Bills

New Jersey Research Guides

Case Law

In the Matter of Baby M, 109 N.J. 396 (1988).
  • Seminal case in New Jersey and United States. The court held surrogacy contracts to be against public policy.
A.H.W. v. G.H.B., 339 N.J. Super. 495 (Ch.Div. 2000).
  • The first precedent regarding gestational surrogacy in New Jersey. The court held that In the Matter of Baby M holding applies to gestational surrogacy contracts as well.
In re T.J.S., 212 N.J. 334 (2012).
  • The Supreme Court of New Jersey affirmed the Appellate Division, which held that absent adoption, the New Jersey Parentage Act does not recognize an infertile wife as the legal mother of her husband's biological child born to a gestational carrier.

Treatises & Practice Guides

* Requires subscription to Lexis
** Requires subscription to Westlaw

Journal Articles - New Jersey