KEEPING UP WITH GESTATIONAL CARRIER AGREEMENTS: CONSIDERATIONS REGARDING THE REGULATION OF SURROGACY
Author: Courtney Crosby
On May 30, 2018, the New Jersey Legislature enacted the New Jersey Gestational Carrier Agreement Act. New Jersey had previously held for thirty years that surrogacy was against the public policy of the state and was considered “baby-selling.” The New Jersey Supreme Court has now recognized the challenges of those who are situationally and medically infertile, as well as the promising nature of reproductive biotechnological advances, and found that it is within the public policy of this State to provide new legal options for those who are seeking reproductive assistance in the form of gestational surrogacy. Advances in reproductive biotechnology over the last three decades have provided families facing reproductive challenges with many more options for having children. Further, society’s acceptance and awareness of the unique reproductive challenges of LGBTQIA+ individuals and couples has heavily influenced the New Jersey Legislature.