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New Jersey Fertility And Assisted Reproductive Law Attorneys

When it comes to regulations for in vitro fertilization (IVF), surrogacy, gestational carriers, egg/sperm donation and other assisted reproductive technology (ART), New Jersey’s laws are a work in progress and complex. These procedures typically require legal agreements to clarify the roles, responsibilities, and rights of donors, surrogates, intended parents and children.

At Cockerill, Craig & Moore, LLC, our family law attorneys can help you understand the legalese surrounding ART, including:

  • Insurance coverage: New Jersey has mandated insurance coverage for certain infertility treatments. This includes coverage for IVF and other ART procedures, subject to specific criteria and limitations. Insurance policies typically require that individuals meet certain medical criteria to qualify for coverage.
  • Surrogacy: New Jersey permits gestational surrogacy arrangements. The state has established legal frameworks to guide the process, including requirements for surrogacy agreements, parental rights and the establishment of parentage. As of 2018, New Jersey law allows intended parents to establish legal parentage through prebirth orders.
  • Surrogacy agreements: Drafting and reviewing contracts between intended parents and gestational carriers, ensuring compliance with New Jersey’s legal requirements.
  • Egg/sperm donation: The use of donated eggs and sperm is subject to legal guidelines ensuring the rights and responsibilities of all parties involved, including donors, recipients and any resulting children. Donor anonymity and consent are important considerations in these arrangements.
  • Legal parentage: Establishing legal parentage may include prebirth orders for surrogacy or post-birth procedures to legally recognize intended parents.
  • Adoption: Providing legal services related to adoption processes, including stepparent and second-parent adoptions, may be relevant in ART cases.

Fertility and reproductive technology regulations will continue to evolve, reflecting changes in ethics and medical advances. You can count on our family law attorneys for the help you need to process the terms and how they relate to your circumstances.

What Is A Reproductive Lawyer?

A reproductive lawyer is a legal professional who provides guidance, representation and advice on legal matters related to assisted reproductive technologies (ART), family building and fertility issues. Reproductive lawyers can help individuals and couples understand their rights and responsibilities, mitigate risks, and work through the legal landscape of family building through assisted reproductive technologies. They often work closely with medical professionals and agencies involved in ART.

What Are The Differences Between Gestational And Traditional Surrogacy?

In gestational surrogacy, the surrogate (gestational carrier) has no genetic connection to the child. An embryo created through in vitro fertilization (IVF) using the intended parents’ or a donor’s genetic material is implanted in the surrogate. New Jersey law permits gestational surrogacy arrangements, and the “New Jersey Gestational Carrier Agreement Act” provides a legal structure for enforceable contracts and the establishment of parental rights. Intended parents can obtain prebirth orders to establish legal parentage.

In traditional surrogacy, the surrogate is genetically related to the child because her egg is used in the conception process, typically through artificial insemination. Traditional surrogacy can be more legally complex because the surrogate is the biological mother of the child. Potential parental rights may be a factor for traditional surrogacy agreements.

Contact Our Family Law Attorneys Today

You may be asking yourself, “How can a lawyer who practices fertility and assisted reproductive law help me?” Just stop. New Jersey’s reproductive laws are complex. At Cockerill, Craig & Moore, LLC, we get that this is an emotionally charged time of your life. You do not have to figure all of this out on your own. Call 856-440-1231 or send us an email to schedule a consultation. We serve clients in Cumberland and Salem counties, and communities throughout New Jersey.