New Jersey § 9:17-65

§ 9:17-65.

Requirements for a Gestational Carrier Agreement. a. A gestational carrier agreement shall satisfy the following requirements: (1) It is in writing and executed by the gestational carrier, her spouse or partner

in a civil union or domestic partnership, if any, and each intended parent. If the intended parent is married or in a domestic partnership or civil union at

the time the intended parent enters the agreement, both spouses or partners shall

meet the requirements of subsection b. of section 5 of P.L.2018, c. 18 ( C.9:17-64 ) and shall be required to enter into the agreement as intended parents. If the intended parent is not married or in a civil union or domestic partnership,

no other person shall be deemed a legal parent of the child unless that person meets

the requirements of subsection b. of section 5 of P.L.2018, c.18 ( C.9:17-64 ) and duly executes the agreement; (2) It is executed after the required medical and psychological screenings of the

gestational carrier and the psychological screening of the intended parent, but prior

to the commencement of any other necessary medical procedures in furtherance of the

implantation of the pre-embryo; and (3) The gestational carrier and her spouse or partner, if any, and the intended parent

shall have been represented by separate attorneys in all matters relating to the gestational

carrier agreement and each attorney provides an affidavit of such representation. b. A gestational carrier agreement shall provide: (1) Express terms that the gestational carrier shall: (a) Undergo pre-embryo transfer and attempt to carry and give birth to the child; (b) Surrender custody of the child to the intended parent immediately upon the child's

birth; and (c) Have the right to medical care for the pregnancy, labor, delivery, and postpartum

recovery provided by a physician, physician assistant, advance practice nurse, or

certified nurse midwife of her choice, after she notifies, in writing, the intended

parent of her choice; (2) An express term that, if the gestational carrier is married or in a civil union

or domestic partnership, the spouse or partner agrees to the obligations imposed on

the gestational carrier pursuant to the terms of the gestational carrier agreement

and to surrender custody of the child to the intended parent immediately upon the

child's birth; and (3) Express terms that the intended parent shall: (a) Accept custody of the child immediately upon the child's birth; and (b) Assume sole responsibility for the support of the child immediately upon the child's

birth. c. A gestational carrier agreement shall be presumed enforceable if: (1) It satisfies the contractual requirements set forth in subsection a. of this section;

and (2) It contains at a minimum each of the terms set forth in subsection b. of this

section. In addition, an enforceable gestational carrier agreement shall include a provision

setting forth the financial responsibilities of the parties and shall include a provision

that the intended parent shall pay the gestational carrier's reasonable expenses,

as defined herein, unless expressly waived, in whole or in part, in writing by the

gestational carrier. d. In the event that any of the requirements of this section are not met, a court

of competent jurisdiction shall determine parentage based on the parties' intent.