Bill Text: NJ S4274 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes certain residency and domicile requirements for gestational carrier agreements executed in this State.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-05-14 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S4274 Detail]
Download: New_Jersey-2026-S4274-Introduced.html
Sponsored by:
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
SYNOPSIS
Establishes certain residency and domicile requirements for gestational carrier agreements executed in this State.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning gestational carrier agreements and amending P.L.2018, c.18.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.2018, c.18 (C.9:17-64) is amended to read as follows:
5. Eligibility.
a. A gestational carrier shall be deemed to have satisfied the requirements of P.L.2018, c.18 (C.9:17-60 et al.) if, at the time the gestational carrier agreement is executed, she:
(1) Is at least 21 years of age;
(2) Has given birth to at least one child;
(3) Has completed a medical evaluation approving her suitability to serve as a gestational carrier;
(4) Has completed a psychological evaluation approving her suitability to serve as a gestational carrier;
(5) Has retained an attorney, independent of the intended parent, but for whose services the intended parent may pay, who has consulted with her about the terms of the gestational carrier agreement and the potential legal consequences of being a gestational carrier under the terms of this agreement; and
(6) Is a lawful resident of this State or has been lawfully domiciled in the State for at least 12 months preceding the date the gestational carrier agreement was executed.
b. The intended parent shall be deemed to have satisfied the requirements of P.L.2018, c.18 (C.9:17-60 et al.) if, at the time the gestational carrier agreement is executed, the intended parent:
(1) Has completed a psychological evaluation approving the intended parent's suitability to participate in a gestational carrier agreement; and
(2) Is represented by an attorney who consulted with the intended parent about the terms of the gestational carrier agreement and the potential legal consequences of the agreement.
(cf: P.L.2018, c.18, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill clarifies the eligibility of a person to enter into a properly executed gestational carrier agreement in this State.
Under the bill, a gestational carrier shall be deemed to have satisfied the requirements of the "New Jersey Gestational Carrier Agreement Act," if, at the time the gestational carrier agreement is executed, she is a lawful resident of this State or has been domiciled in this State for at least 12 months preceding the date the gestational carrier agreement was executed.
