Knowing What to Ask Your Surrogacy Lawyer in New Jersey
Surrogacy may be a viable solution for those who cannot have a child but want one. It is a legal arrangement between prospective parents and a surrogate, who carries and delivers a child for them. It works by impregnating the surrogate through in vitro fertilization primarily in one of two ways. In gestational surrogacy, doctors implant the surrogate with an embryo formed by the eggs and sperm of the future mother and father who contracted for the surrogacy or from an egg donor. In traditional surrogacy, the mother is implanted with an embryo consisting of the intended father’s sperm and the surrogate’s eggs.
New Jersey surrogacy laws distinguish traditional and gestational surrogacy by restricting compensation and parental rights access, but in either type of surrogacy, complex regulations and laws govern the legal arrangement. One legal requirement is that all parties must have legal representation. As such, you must find the right surrogacy lawyer to guide and protect you through New Jersey’s intricate web of rules and regulations. Being prepared to ask the right questions when speaking with a surrogacy lawyer is as integral to the process as the answers and information that he or she can provide. The following explores some of the top questions that individuals and couples should ask their surrogacy when embarking on the journey of building a family with a surrogate in New Jersey.
Qualification Questions to Ask When Choosing a Knowledgeable and Experienced Surrogacy Attorney
When you find a lawyer, you want to be sure they have experience in this legal area and can answer your questions. Here are some crucial questions to ask:
Are you a surrogacy law specialist? Have you handled many surrogacy cases?
The more cases under their belt, the likelier it is that an attorney is updated on the law and requirements for a successful surrogacy.
How familiar are you with New Jersey’s surrogacy laws and regulations?
The New Jersey Gestational Carrier Agreement Act of 2018 (N.J.S.A. 9:17-65) governs surrogacies. The legal framework for arranging a surrogacy, including the rights and duties of the parties, is in this legislation.
What is the difference between gestational and traditional surrogacy, and do you have experience with both?
The New Jersey Gestational Carrier Agreement Act differentiates between gestational and traditional surrogacies. Given the surrogate’s genetic connection to the child, New Jersey law does not protect intended parents who opt for traditional surrogacies. Gestational surrogacies are more common, as parental rights are more secure when the surrogate has no genetic ties to the child. As such, you want to know whether the attorney has experience with both surrogacies.
What is your success rate in establishing legal parental rights for intended parents?
Since you must ensure everything is legally correct, you want to question the attorney’s success rate in establishing intended parental rights. They should be able to give you a percentage or other indication of how many of their cases ended successfully. Given the sensitive and complex situation of another woman carrying your baby, you want the security of knowing that no legal challenges or pitfalls jeopardize your parental rights.
Questions for Understanding Surrogacy Contracts and Legal Requirements in NJ
What are the requirements for surrogacy under New Jersey law?
New Jersey requires a surrogate to be at least 21 and no older than 44. She must have had at least one birth without complications and no more than three cesarean births. She must also be a non-smoker with a clear criminal history.
How will I establish parentage? When and how is a pre-birth order obtained?
You must file for a pre-birth order (PBO) in family court to establish that you are the child’s legal parent. You can file in the second trimester of the pregnancy with your attorney’s help. The PBO application must include affidavits from the attorney representing the intended parents and the attorney representing the surrogate. It must also include a medical provider’s confirmation that all legal requirements are met. The PBO establishes parentage and is used to get the child’s birth certificate. A judge approves the order at a hearing or on the paperwork alone. A gestational surrogacy needs no further proceedings to obtain parental rights. Traditional surrogacies require the intended parents to adopt the child after the birth.
What must be included in a surrogacy contract? Do you draft and review surrogacy contracts?
Legal rights and restrictions governing surrogacy are in the written surrogacy agreement. A qualified lawyer includes the essentials such as the intent, rights, and duties of the intended parents and the surrogate; the surrogate’s compensation or reimbursement rights to payment of her expenses; communication methods between the parties; a statement of the surrogate’s promises regarding health and safety; risk and liability terms; and insurance information for all involved.
Other important provisions include an agreement that all parties undergo psychological and medical screenings, separate attorneys representing each party, and the surrogate’s rights to choose medical providers and decide how to proceed through pregnancy, labor, and delivery. Most importantly, the surrogate must agree to relinquish custody of the child to the intended parents, and the parents must agree to accept custody after the birth.
Will you assist in finding a surrogate, or should I go through an agency?
New Jersey has many surrogacy agencies that can help you find a surrogate. Their expertise is in screening surrogates, getting medical clearances, coordinating health insurance, monitoring the pregnancy, and even legal matters involving surrogacy. However, you want to rely on a surrogacy attorney to draft your agreement, as the law is their specialty. They can also represent you in court should you need to appear to confirm parental rights or face legal complications. Your attorney may recommend a reputable agency they work with and know well for non-legal matters.
Questions About Surrogacy Expenses, Insurance Coverage, and Payment Options
What can I expect to pay for surrogate expenses and compensation in New Jersey?
The cost of surrogate expenses and compensation in New Jersey can be expensive. Surrogacy costs for compensation, agency fees, medical costs, and legal fees can reach upwards of $100,000.00 to $200,000.00. Your specific situation and the individual choices that you make along the way can influence the amount in your case.
Are the surrogate and baby covered under my health insurance?
Health insurance for the surrogate and baby is complicated since policies specifically for surrogacy do not exist. However, the surrogate can use her own medical insurance to cover the pregnancy while you get a delivery and a Surrogate Maternity Contractual Liability Insurance plan that ensures that you, as the intended parent or parents, pay for the surrogate’s medical bills.
Will surrogacy-related expenses be paid through an escrow account?
An escrow account is typically opened to pay for surrogacy-related bills. Just like in real estate transactions, an escrow account manages and documents the funds of all parties to a transaction. The escrow company holds money for the intended parents to pay the surrogate, documents the amount and purpose of money going in and out of the account, and then pays the surrogate’s expenses according to the escrow terms.
Questions About Addressing Potential Surrogacy Complications
What happens if the surrogate or baby experiences medical complications?
The surrogacy contract should be comprehensive enough to address those issues, with insurance, screening of the surrogate for past pregnancies and complications (which may disqualify a surrogate), and cost allocations.
What happens if the surrogate changes her mind or breaches the contract?
Though a surrogate probably would not want a child that is not genetically hers, it can happen. The surrogacy agreement dictates what happens. Before conception, a surrogate typically can renege. Once pregnant, however, the surrogate must give over the baby, or the parents can cease funding the surrogacy and seek a declaration of parentage through the courts. The contract provisions include the surrogate’s admission that the child belongs to the intended parents, and a breach of contract judgment may require the surrogate to reimburse the parents.
Questions about Legal Protections for Intended Parents During the Surrogacy Process
How do I protect my parental rights in surrogacy?
The surrogacy contract and PBO from the family court protect parental rights. A PBO is proof of parentage for a birth certificate once the child is born.
Am I involved in medical decisions during the pregnancy?
Once again, the contract largely determines who gets to make medical decisions about the pregnancy and birth of the child, typically the surrogate. However, the surrogate is held to the contract provisions requiring her to make healthy choices and decisions during the pregnancy to protect the child.
How does New Jersey handle surrogacy birth certificates?
You can get a PBO and use it to get a birth certificate. It is a court order establishing your parental rights. Without a PBO, you would have to adopt the child.
Trust Surrogacy Lawyers with Years of Experience Helping Build Families in New Jersey
Much depends on the surrogacy contract that attorneys prepare. With so much riding on the contract and the attorney who makes it, you want to ask all the right questions to find the most qualified and experienced surrogacy attorney. Choose someone who knows how to anticipate problems they have encountered in many surrogacy cases and how to handle complications should they arise. For over fifteen years, Bronzino Law Firm has been helping families with the legalities of the surrogacy process in Lakewood, Ocean Township, Wall, Manasquan, Eatontown, Neptune, Brick, Jackson, Red Bank, Rumson, Colts Neck, Sea Bright, and across Southern New Jersey. Our attorneys will walk you through one of the most deeply personal and meaningful life decisions as seamlessly as possible. Contact us at (732) 812-3102 today for a free consultation, or send us a message to consult with a lawyer at our firm who is highly experienced in surrogacy law and committed to helping build families.