Surrogate Pay in New Jersey (2026)

First-time surrogates in New Jersey earn $60,000–$80,000 base compensation plus monthly allowances. See full breakdown below.

Compensation

Surrogate Compensation in New Jersey

First-Time Surrogate

Base Compensation$60,000 – $80,000
Monthly Allowance$3,000 – $6,000
Maternity Clothing$1,000 – $2,000
Lost Wages$3,000 – $10,000
Total Potential$67,000 – $98,000

Experienced Surrogate

Base Compensation$70,000 – $95,000
Monthly Allowance$3,000 – $6,000
Maternity Clothing$1,000 – $2,000
Lost Wages$3,000 – $10,000
Total Potential$77,000 – $113,000
Estimated ranges based on average compensation in New Jersey. Actual compensation is determined by the agency. Sources: Industry surveys of 30+ agencies, 2024–2026 data.
Legal

New Jersey Surrogacy Laws

New Jersey has an express statute — the Gestational Carrier Agreement Act, N.J.S.A. 9:17-60 to 9:17-68 — authorising compensated gestational surrogacy and making agreements enforceable. Traditional surrogacy remains uncompensated and unenforceable in New Jersey.

Your expenses must be covered unless you waive them in writing

The Act requires the agreement to obligate the intended parents to pay your reasonable expenses — medical, counseling, attorney fees, and living expenses during pregnancy and postpartum recovery — unless you expressly waive them in writing. Be deliberate about any waiver you are asked to sign.

Statutory eligibility — these are law

You must be at least 21, have given birth to at least one child, complete a medical evaluation approving your suitability, complete a psychological evaluation approving your suitability, and have retained an independent attorney. There is no residency requirement.

Your counsel — and who pays

You and your spouse or partner must be represented by an attorney separate from the intended parents', with each attorney filing an affidavit of representation. The statute expressly contemplates that the intended parents may pay for your attorney — permissive rather than mandatory, so put it in the agreement.

You choose your own clinician

The agreement must give you the right to receive care for pregnancy, labor, delivery and postpartum recovery from a physician, physician assistant, advanced practice nurse or certified nurse midwife of your own choice, after written notice to the intended parents. Note that New Jersey does not contain the express non-waivable clause on caesarean consent, embryo count or termination that Rhode Island and Connecticut do.

Parentage

Pre-birth orders are available statewide once you are pregnant, for all family structures regardless of genetic connection. Venue may be the county of anticipated birth, the intended parents' residence, or your residence.

Source: N.J.S.A. 9:17-60 to 9:17-68 (P.L. 2018 c.18).

Compare surrogacy laws in all 50 states →

Requirements

New Jersey Surrogate Requirements

Several of these are New Jersey law, not agency preference. The Gestational Carrier Agreement Act requires that you be at least 21, have given birth to at least one child, complete medical and psychological evaluations approving your suitability, and retain your own independent attorney.

Age: 21–40 years old
Have given birth to at least one healthy child
BMI under 32
Non-smoker
No disqualifying health conditions
U.S. citizen or permanent resident
Financially stable (not receiving government assistance)

Final eligibility is determined by the agency's medical team.

The Process

How Surrogacy Works in New Jersey

Apply

Complete application in 10–15 minutes. Agency contacts you within 48 hours.

Medical Screening

Physical exam, bloodwork, and uterine evaluation — paid for by the agency.

Match with Intended Parents

Review profiles and meet potential intended parents. You always have the right to say no.

Legal Contract

Surrogacy agreement reviewed by your own attorney, funded by the agency.

Embryo Transfer & Pregnancy

Monthly compensation begins immediately after transfer. All medical costs covered.

Delivery & Final Payment

Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.

FAQ

Surrogate FAQ: New Jersey

Is surrogacy legal in New Jersey?

Yes. The New Jersey Gestational Carrier Agreement Act authorizes compensated gestational surrogacy and requires that your reasonable expenses be covered unless you expressly waive them in writing.

Do I have to live in New Jersey to be a surrogate here?

Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.

Is surrogate pay taxable in New Jersey?

Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for New Jersey-specific guidance.

How long does surrogacy take in New Jersey?

18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.

Compare States

Surrogate Pay by State

California
$67,000–$98,000
New York
$67,000–$98,000
Texas
$57,000–$83,000
Florida
$57,000–$83,000
Illinois
$57,000–$83,000
Colorado
$57,000–$83,000

Also exploring egg donation in New Jersey?

See Egg Donor Pay in New Jersey →

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