HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Monday, November 26, 2012

Odd Surrogacy Decision

In an odd twist to a surrogacy arrangement, the New Jersey Supreme Court concluded that a three-year old child has no legal mother. An infertile couple used in vitro fertilization to create an embryo from the husband's sperm and an egg from an anonymous donor. The pregnancy was carried by a gestational surrogate. Both the egg donor and the surrogate relinquished any parental rights, and a trial court judge had issued a pre-birth order for the husband and wife to be listed as parents on the child's birth certificate.

However, the state intervened and argued that the wife could become the child's parent only through a post-birth adoption. The intermediate court of appeals agreed, and the supreme court deadlocked on the question, leaving the appellate decision intact. The intended mother has moved for adoption, which is expected to be approved.


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