New Jersey Lawmakers Mull Changes to Surrogacy Procedure
Family law is a particularly broad discipline, encompassing issues relating not only to divorce but also to claims of paternity and child custody. This week, the New Jersey Legislature considered a bill that would reform the state’s laws regarding the custody of a child born to a surrogate mother.
The legislation was created in response to the family law issues encountered by one New Jersey couple when they attempted to have their names placed on their baby’s birth certificate. A surrogate mother carried the baby to term, which was conceived of the father’s sperm and a donated egg. Because the intended mother did not have a genetic connection to the child, the state prohibited her from placing her name on the child’s birth certificate
Instead, she would have to undergo an adoption process that can last anywhere from three months to half a year. Aside from the inconvenience this presented, there was also a more pressing concern. The woman’s attorney argued that if she happened to pass away before she was officially named the child’s mother at the completion of the adoption process, the child would be denied portions of the mother’s estate.
Under current New Jersey law, intended parents must wait three days before placing their names on their child’s birth certificate. A number of other states do not have a similar waiting period, and the bill currently making its way through the legislature would eliminate the three-day wait and allow intended parents to place their names on the birth certificate immediately. The waiting period grew out of the famous Baby M case, which some New Jersey readers may remember.
In that case, a surrogate mother declined to surrender her rights to the baby. In response, lawmakers created a short window during which the surrogate could decide whether to give up her rights and during which the intended parents could not place their names on the birth certificate.
Source: The Star-Ledger, “N.J. bill to loosen state’s strict surrogate parenting laws moves forward,” MaryAnn Spoto, May 18, 2012.