New Jersey Surrogate Requirements: Do You Qualify?
April 8, 2025 by Frank Golden
If you’re thinking about becoming a Surrogate in New Jersey, you’re probably wondering whether you qualify. It’s one of the first questions most women ask, and it’s a smart one!
Understanding New Jersey surrogate requirements helps you move forward with confidence. These guidelines exist to protect your health, ensure a safe pregnancy, and comply with state law. Meeting the requirements isn’t about passing or failing. Instead, it’s about making sure surrogacy is the right fit for you at this stage of your life.
New Jersey’s Gestational Carrier Agreement Act provides clear legal protections for Surrogates. That means eligibility isn’t just about your medical history. It also includes emotional readiness, lifestyle stability, and legal compliance.
Let’s walk through what you need to know!
Table of Contents
- Who Can Become a Surrogate in New Jersey?
- Medical Requirements for New Jersey Surrogates
- Psychological and Emotional Screening
- Lifestyle and Stability Requirements
- Legal Requirements Under New Jersey Law
- Why New Jersey Surrogate Requirements Matter
- Common Reasons Applicants May Not Qualify
- What Happens After You Meet the Requirements?
- Frequently Asked Questions About New Jersey Surrogate Requirements
- Deciding Whether Surrogacy Is Right for You
Who Can Become a Surrogate in New Jersey?
Not every woman who wants to become a Surrogate will qualify right now. That doesn’t mean you’ll never qualify. Timing matters, and so does individual health history.
Generally speaking, you’ll need to meet these baseline criteria:
Age range. Most agencies and clinics work with Surrogates between the ages of 21 and 40. Some programs may accept applicants up to age 42, depending on individual health factors.
Prior pregnancy experience. You must have given birth to at least one child. Additionally, your pregnancy and delivery should have been uncomplicated.
Good health. You need to be in good physical and mental health. This means you can safely carry a pregnancy without significant risk.
Stable living situation. You should have reliable housing, transportation, and a support system. Surrogacy requires multiple appointments and careful coordination.
Willingness to follow medical guidance. Surrogacy involves fertility medications, clinic visits, and legal agreements. You’ll need to commit to the process fully.
These requirements aren’t arbitrary. They exist to protect your well-being and ensure the best possible outcome for everyone involved!

Medical Requirements for New Jersey Surrogates
Medical screening is one of the most important steps in becoming a Surrogate. Fertility clinics carefully evaluate your health history to ensure you can carry a pregnancy safely.
A Healthy Pregnancy History
You must have delivered at least one child previously. This demonstrates that your body can sustain a pregnancy and delivery successfully.
Moreover, your previous pregnancy should have been free of serious complications. Conditions like severe preeclampsia, gestational diabetes requiring insulin, or preterm birth before 38 weeks may raise concerns. However, each case is evaluated individually.
Your OB/GYN will provide medical records to confirm your pregnancy history. Furthermore, you’ll need clearance from your doctor before moving forward.
General Wellness and Clinic Clearance
Clinics typically look for a Body Mass Index (BMI) in a healthy range. Most programs prefer a BMI between 18 and 32, though some may accept up to 33. This guideline helps reduce pregnancy risks.
You’ll also undergo a complete physical exam, including:
- Infectious disease testing
- PAP smear (if due)
- Uterine evaluation
- Review of current medications
- Assessment of overall health
Additionally, you cannot smoke or use recreational drugs. Similarly, you must be willing to abstain from alcohol during pregnancy.
Clinics want to ensure your body can handle the physical demands of surrogacy safely. Consequently, they screen carefully before approval.
Psychological and Emotional Screening
Surrogacy is an emotional journey. Therefore, psychological screening helps ensure you’re mentally and emotionally prepared.
You’ll meet with a licensed mental health professional who specializes in reproductive psychology. This evaluation isn’t about judgment. Instead, it’s designed to assess your readiness and identify any concerns early.
The psychologist will ask about:
- Your motivation for becoming a Surrogate
- Your understanding of the surrogacy process
- Your support system and family dynamics
- Your ability to handle potential pregnancy complications
- Your emotional resilience and communication skills
Additionally, they’ll evaluate whether you understand the legal and medical aspects of gestational surrogacy.
Strong communication skills matter. You’ll need to stay in regular contact with the Intended Parents and your care team. Similarly, you should feel comfortable advocating for your own needs.
This screening protects you. It ensures you’re entering surrogacy with realistic expectations and adequate support!
Lifestyle and Stability Requirements
Surrogacy requires consistency and reliability. As a result, agencies evaluate your lifestyle and living situation carefully.
Stable housing. You need a safe, secure place to live. Your home will be evaluated during a home visit conducted by the agency.
Reliable transportation. You’ll attend frequent medical appointments, especially during the early stages of pregnancy. Therefore, you need dependable transportation or access to it.
Financial stability. While you’ll receive compensation, you shouldn’t be relying on surrogacy as your primary source of income. Financial stability ensures you’re not under undue stress.
Strong support system. Family and friends should understand your decision and support you throughout the journey. Additionally, if you have a spouse or partner, they must be on board.
Commitment to medical care. You’ll need to follow medication schedules, attend appointments, and communicate regularly with your medical team.
These requirements exist to ensure you can meet the demands of surrogacy without compromising your well-being or your family’s stability!
Legal Requirements Under New Jersey Law
New Jersey’s Gestational Carrier Agreement Act provides strong legal protections for Surrogates. Consequently, there are specific legal requirements you must meet.
You must have independent legal representation. This means you’ll have your own attorney who represents your interests separately from the Intended Parents. Your lawyer will review the gestational carrier agreement with you and ensure you understand your rights.
The Intended Parents pay for your legal fees. You won’t be responsible for attorney costs!
The agreement must be in writing and signed before embryo transfer. This contract outlines compensation, medical procedures, decision-making authority, and legal parentage. Nothing moves forward until all parties have signed. This protects the interests of all Surrogates and Intended Parents in New Jersey.
You cannot provide the egg used in conception. New Jersey law requires that the egg come from the Intended Mother or an egg donor. This ensures you are a gestational carrier, not a traditional surrogate.
Pre-birth orders establish legal parentage. Your attorney will coordinate with the Intended Parents’ attorney to file for a pre-birth order. This legal document confirms the Intended Parents as the legal parents before the baby is born.
Additionally, the Intended Parents must provide you with comprehensive health insurance and a life insurance policy with a minimum benefit of $750,000. They also cover all medical co-payments, deductibles, and out-of-pocket costs.
These legal safeguards protect you throughout the surrogacy journey. They ensure you’re treated fairly and compensated appropriately! Explore our New Jersey Surrogacy Law Guide.

Why New Jersey Surrogate Requirements Matter
You might wonder why agencies and clinics have so many requirements. The answer is simple: they exist to protect you.
Health and safety. Medical screening reduces the risk of pregnancy complications. Similarly, psychological evaluations ensure you’re emotionally prepared for the journey.
Legal protection. New Jersey’s statutory requirements create a clear legal framework. This reduces the risk of disputes and ensures your rights are protected.
Ethical standards. Agencies like Golden Surrogacy prioritize your well-being over profits. Consequently, they screen carefully to ensure surrogacy is the right fit for you.
Long-term well-being. Requirements help ensure you can complete the journey without compromising your health, finances, or family stability.
Meeting these standards means you’re entering surrogacy with your eyes open. You’ll have the support, resources, and legal protections you need to succeed!
Common Reasons Applicants May Not Qualify
Not everyone who applies will qualify immediately. That’s okay! It doesn’t mean you’ll never qualify. Sometimes, it’s just a matter of timing.
Here are some common reasons applicants may not meet the requirements:
Medical history concerns. Serious pregnancy complications in the past may disqualify you. However, each case is evaluated individually. Additionally, certain chronic health conditions may pose risks.
BMI outside the acceptable range. If your BMI is too high or too low, you may need to reach a healthier weight before qualifying.
Lifestyle instability. Frequent moves, unreliable transportation, or financial stress can make surrogacy challenging. Stability matters for your well-being and the success of the journey.
Emotional readiness. If you’re dealing with significant life stressors, it may not be the right time. Surrogacy requires emotional bandwidth.
Legal residency status. You must be a U.S. citizen, lawful permanent resident, or legal immigrant with documentation valid for at least two years.
If you don’t qualify right now, don’t lose hope! Circumstances change. You may be able to reapply in the future!
What Happens After You Meet the Requirements?
Once you’ve confirmed that you meet the baseline requirements, the next steps begin. Here’s what to expect:
Application review. You’ll complete an initial application with Golden Surrogacy. Our Surrogate Intake Team will review your information carefully.
Preliminary agency screening. The Surrogate Intake Process begins! This includes collecting your medical records, obtaining OB clearance, completing a physical exam and PAP, running infectious disease testing, performing a background check, conducting an in-person psychological assessment, completing a home visit, and analyzing your insurance.
Matching. After preliminary screening is complete and approved, you’ll be matched with Intended Parents. This is an exciting milestone! You’ll meet the family you’ll be helping.
Clinic screening. Once matched, you’ll undergo in-person screening at the Intended Parents’ fertility clinic. This must align with your menstrual cycle timing.
Legal phase. After final approval from the clinic screening, you’ll begin the legal phase. Your attorney will review the gestational carrier agreement with you.
Medical cycle. Once contracts are signed and escrow is funded, you’ll start fertility medications and prepare for embryo transfer!
Throughout every step, the Golden Surrogacy team supports you. Your Program Manager is available via phone, text, and email whenever you have questions!
Frequently Asked Questions About New Jersey Surrogate Requirements
Do I need to live in New Jersey?
Not necessarily. However, you should be willing to travel to New Jersey for medical appointments and legal proceedings. Additionally, you’ll need to deliver in a New Jersey hospital if your Intended Parents reside there.
Do I need prior pregnancy experience?
Yes. You must have delivered at least one child previously. This demonstrates your body’s ability to carry a pregnancy successfully.
Do I need independent legal counsel?
Absolutely. New Jersey law requires you to have your own attorney who represents your interests. The Intended Parents pay for your legal fees, so there’s no cost to you!
Who pays medical and legal fees?
The Intended Parents cover all medical costs, legal fees, and related expenses. Additionally, they provide comprehensive health insurance and a life insurance policy.
What if I’m unsure I qualify?
Reach out to Golden Surrogacy! The team will review your situation and help you understand whether you meet the requirements. There’s no obligation to proceed!
For more information about the legal framework, check out our guide on New Jersey Surrogacy Laws. Additionally, learn about New Jersey Surrogate Compensation to understand the financial side of surrogacy!
Deciding Whether Surrogacy Is Right for You
Understanding New Jersey surrogate requirements empowers you to make an informed decision. Eligibility isn’t about passing a test. Instead, it’s about ensuring surrogacy is safe, legal, and right for you at this stage of your life.
If you meet the requirements, congratulations! You’re taking the first step toward an incredible journey. If you don’t qualify right now, that’s okay too. Circumstances change, and you may be able to explore surrogacy in the future.
Take your time. Ask questions. Talk to your family. And when you’re ready, reach out to Golden Surrogacy!
The entire Golden Surrogacy Team treats every Surrogate like family. They’re here to guide you through every step of the process. Whether you’re ready to apply or just exploring your options, they’re available to help.
Learn more about the surrogacy process on our Surrogates page. Additionally, explore the New Jersey Surrogacy Timeline to understand how long the journey takes!
You’ve got this. And when you’re ready, Golden Surrogacy will be here to support you every step of the way!




