Eligibility.

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9:17-64 Eligibility.

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.

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.

L.2018, c.18, s.5.


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