New Jersey (USA) considers the treatment of surrogates and intended mothers

on October 30, 2012

In New Jersey, the birth certificate of children born via surrogacy must by law include the name of the surrogate as the mother. 

But the law has been under review by the state’s Supreme Court after a married couple sued the state to have the intended mother’s name placed on the birth certificate in place of the surrogate’s.  (Unlike previous cases, in this instance the surrogate gave written permission before the child was born to have her name removed from the birth certificate, in lieu of the intended mother’s.  The surrogates wishes were not followed).

This week, the New Jersey Supreme Court failed to reach a majority verdict on whether the law (which ultimately requires women to adopt a child born through surrogacy using donated eggs) discriminates against women affected by infertility.

“The number of children born to gestational carriers — 1,448 nationally in 2010 — has nearly doubled since 2004, according to the Society for Assisted Reproductive Technology. Of those, 12 were in New Jersey. The data, however, do not include births in which donor eggs from a third party were used.”

In this case, the intended parents had entered into a surrogacy contract using the man’s sperm and eggs provided by an anonymous donor. The state required the surrogate’s name to appear on the birth certificate.  The man sued the state of New Jersey after it denied a request to have the man’s wife (the intended mother) on the document.  This week, the Supreme Court was deadlocked on the case, which means that an earlier decision against the couple stands and the intending mother, who has been raising the child with her husband for three years, must now apply to formally adopt the child.

You can read the entire article at: Court upholds N.J. surrogate parent law


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