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Hollingsworth) is a ruling by the Superior Court of New Jersey, Hudson County Vicinage, and is the first precedent regarding gestational surrogacy in New Jersey. [1] The ruling was handed down by Judge Francis Schultz on December 23, 2009. [2] [3]
The New Jersey Gestational Carrier Agreement Act, effective May 30, permits gestational carriers and intended parents to execute legally enforceable surrogacy contracts.
The New Jersey court's finding that no contract can alter the legal position of a woman who bears a child as that child's mother seemed to settle the question of the status of surrogacy contracts in America, at least until technological advances permitting gestational surrogacy—in which a woman can bear and give birth to a child to whom she ...
The New Jersey Supreme Court found that the surrogacy contract was invalid as a matter of New Jersey public policy. However, the intended parents were given custody of the child because the courts thought they would provide a better home for the baby than the surrogate mother, who was instead given visitation rights.
Because gestational surrogacy wasn't legal in New York state until 2021, the Manhattan couple had to work with an agency outside of their home state the first time around.
The Uniform Parentage Act (UPA) is a legislative act originally promulgated in 1973 by the National Conference of Commissioners of Uniform State Laws.The 1973 original version of the act was created to address the need for new state legislation, because at the time the bulk of the law on the subject of children born out of wedlock was unconstitutional or led to doubt. [1]
In gestational surrogacy, the child is not biologically related to the surrogate, who is often referred to as a gestational carrier. Instead, the embryo is created via in vitro fertilization (IVF), using the eggs and sperm of the intended parents or donors, and is then transferred to the surrogate. [ 17 ]
Hilton, who welcomed son Phoenix and daughter London via surrogates, explains why she made the right decision for her family.
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