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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 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]
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 ...
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.
[61] The First Circuit does the same, but also holds attorneys to the rules of conduct for the state "in which the attorney is acting at the time of the misconduct" as well as the rules of the state of the court clerk's office. [62] Because federal district courts sit within a single state, many use the professional conduct rules of that state.
The U.S. state of New York was the last state using the Code for many years, long after all other states–except California and Maine–had adopted the Model Rules. [3] On December 17, 2008, the administrative committee of the New York courts announced that it had adopted a heavily modified version of the Model Rules, effective April 1, 2009.
Hilton, who welcomed son Phoenix and daughter London via surrogates, explains why she made the right decision for her family.
The courts of New Jersey found that Whitehead was the child's legal mother and declared contracts for gestational carrierhood illegal and invalid. However, the court found it in the best interest of the infant to award custody of Melissa to the child's biological father, William Stern, and his wife Elizabeth Stern, rather than to Whitehead, the ...