In the Matter of the Parentage of a Child by T.J.S. and A.L.S., h/w; 21 2 NJ 334 (2012)
Oct 24, 2012OUTCOME: The Court upheld the procedure for intended parents to obtain a pre-birth order of parentage for children born to gestational carriers, but limited it to the genetic parents of the child.
Plaintiff wife filed to be declared the mother of a child to be born to a gestational carrier and to be included on the child's birth certificate. The embryo was created through IVF using the sperm of ... her husband and an egg from an anonymous donor, and the plaintiffs owned the embryo. The issue involved discrimination against infertile women (the spouse) when in a similar situation an infertile man (the spouse) would be determined to be the father as per the Artificial Insemination Statute which the plaintiff argued should be read gender neutral as per other legislative enactments.