Surrogacy Law in New Jersey and Pennsylvania

Surrogacy is a deeply personal and legally complex journey. At Ratliff Jackson LLP, we help intended parents, gestational carriers, and egg donors navigate the surrogacy process with clarity, security, and legal protection. Whether you’re growing your family through surrogacy or stepping in as a carrier, our attorneys provide trusted, compassionate guidance from start to finish.

We draft and negotiate surrogacy contracts, ensure compliance with state law, and manage the legal steps required to establish parentage. Our goal is simple: to protect everyone involved and help bring new life into the world with confidence and peace of mind.

What Is Surrogacy?

Surrogacy is a reproductive arrangement in which a person (the surrogate) agrees to carry a child on behalf of another individual or couple (the intended parents). There are two primary forms of surrogacy:

• Gestational surrogacy: The surrogate has no genetic relationship to the child. An embryo is created via IVF using the egg and sperm of the intended parents or donors.
• Traditional surrogacy: The surrogate is also the biological mother. This is legally riskier and far less common.

Our firm exclusively handles gestational surrogacy, which is legally recognized and protected in both New Jersey and Pennsylvania — though the laws and procedures differ significantly between the two states.

New Jersey Surrogacy Law

As of 2018, gestational surrogacy contracts are enforceable in New Jersey under the New Jersey Gestational Carrier Agreement Act. This law outlines strict requirements for valid surrogacy contracts, including:

• Both the surrogate and intended parents must be represented by separate legal counsel
• The surrogate must be at least 21 years old and have previously given birth
• Medical and psychological evaluations are mandatory
• The agreement must be signed before embryo transfer

To review the law directly, visit the New Jersey Legislature’s site.

Pennsylvania Surrogacy Law

Pennsylvania does not have a specific surrogacy statute, but gestational surrogacy is widely accepted and supported by judicial precedent. Courts in most counties allow for pre-birth parentage orders, which enable intended parents to be named on the child’s birth certificate without adoption proceedings.

Given the absence of a formal statute, it is especially critical in Pennsylvania to work with experienced legal counsel to:

• Draft and execute a detailed gestational carrier agreement
• Navigate the county-specific court process for pre-birth orders
• Coordinate with fertility clinics and hospitals for smooth delivery logistics

Our Surrogacy Legal Services

Ratliff Jackson LLP provides full-service legal support for all parties involved in a surrogacy arrangement. Our services include:

• Drafting and reviewing gestational carrier agreements
• Advising intended parents, surrogates, and egg donors
• Securing pre-birth or post-birth parentage orders
• Coordinating with fertility clinics and OB/GYNs
• Managing legal compliance across NJ and PA

We take a proactive, detail-oriented approach to ensure that your agreement is enforceable, ethical, and built to withstand future challenges.

Supportive Legal Counsel for Life-Changing Moments

Surrogacy is not just a legal transaction — it’s a profound commitment to family. Our attorneys approach each surrogacy matter with sensitivity, professionalism, and a firm grasp of the legal protections needed at every stage. Whether you’re a hopeful parent or a selfless surrogate, we are here to ensure that your rights, roles, and responsibilities are clear and protected under the law.

To schedule a confidential consultation, call 856-209-3111 or visit our consultation request page. Our office is located at 811 Church Rd., Cherry Hill, NJ 08002, and we proudly serve clients throughout South Jersey and Southeastern Pennsylvania.

Frequently Asked Questions About Surrogacy

Is gestational surrogacy legal in New Jersey?
Yes. Under the New Jersey Gestational Carrier Agreement Act, gestational surrogacy is legal and enforceable when all statutory conditions are met. Both parties must be represented by separate attorneys, and psychological and medical screening are required.

Can same-sex couples use surrogacy in NJ or PA?
Yes. Both New Jersey and Pennsylvania recognize the rights of same-sex couples to become parents through gestational surrogacy. Courts routinely grant pre-birth parentage orders to LGBTQ+ families.

How long does the legal process take?
It typically takes 4–6 weeks to finalize a surrogacy contract and prepare for court filings. Pre-birth orders are usually granted in the third trimester. We recommend beginning legal work well before embryo transfer.

What happens if the surrogate changes her mind?
In New Jersey, a properly executed gestational carrier agreement is enforceable and protects the intended parents’ rights. In Pennsylvania, enforceability depends on the county, the contract, and case precedent. Strong legal drafting reduces risk.

Do the intended parents have to adopt the child?
No. In most gestational surrogacy cases, intended parents are granted a pre-birth parentage order, which legally establishes them as the child’s parents at birth — avoiding the need for adoption.

What are the costs of legal surrogacy services?
Legal fees vary based on the complexity of the arrangement and whether you’re an intended parent or surrogate. We offer transparent flat-fee packages for contract drafting, review, and court filings.