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N.J. Bill that Would Make Gestational Surrogacy Easier Vetoed

a blog by Claire, August 9, 2012

On August 8, New Jersey Gov. Chris Christie vetoed a bill that would have made it easier for couples to use gestational surrogates. S1599 is a bill that would remove the three-day waiting period for parents of children born to gestational surrogates and require the gestational surrogate to surrender custody immediately after the child is born. Gov. Christie said he vetoed the bill because it hadn't answered the "profound" questions that surround creating a child through a contract.

Surrogacy laws differ in every state. Laws may also vary between traditional surrogacy (the surrogate uses her own eggs) and gestational surrogacy (the surrogate uses donor eggs and the resulting child has no genetic connection to the surrogate). Laws may also be different for same-sex couples vs. heterosexual couples.

To follow are some examples of how the laws differ in different states:

  • In California, there is no law directly addressing surrogacy, but the courts appear to be accepting of surrogacy and uphold agreements for same-sex couples.
  • In Michigan, surrogacy agreements are prohibited by law. Surrogacy contracts are unenforceable, and there are fines and jail time for anyone who enters into a surrogacy contract.
  • In North Carolina, there are no laws directly regarding surrogacy, but there are other laws that appear to allow surrogacy arrangements with no payment beyond the surrogates medical and related expenses.
  • In Texas, the law allows gestational surrogacy agreements, but appears to exclude same-sex couples.
  • In Massachusetts, the courts have generally treated surrogacy contracts favorably, but there are no specific laws regarding surrogacy.
  • In Illinois, the law allows gestational surrogacy agreements, but does not address traditional surrogacy.
  • In New York, surrogacy agreements are void and unenforceable.

If you are considering surrogacy as a family-building option, it is very important to consult with an attorney who has extensive experience in or specializes in reproductive law and knows the laws in your state. To find out more about surrogacy in your specific city, visit FertilityAuthority's Local Fertility Guides.

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