Women Still Face Unequal Rights in NJ
- January 17, 2013
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If the wife of an infertile man has a child through artificial insemination, the man is presumed to be the father and all rights of paternity vest in that man. The laws of nature prevent a man from bearing a woman’s child and the laws of New Jersey prevent an infertile woman from being listed on the birth certificate of a child born to a gestational carrier artificially inseminated by the wife’s husband. Not only has the court opted to deprive infertile women of equal rights to infertile men but the New Jersey Court, in the Matter of the Parentage of a Child by T.J.S. and A.L.S., expressed concern for gestational carriers over infertile women. However, gestational carriers and infertile mothers both entered a contract on equal terms, along with the husband of the infertile woman, in which the gestational carrier agreed that the child would know the infertile woman as its mother from the time of birth. For the court to step in and say the infertile woman may not be listed on the birth certificate while saying an infertile man is presumed to be the father and listed on the birth certificate is placing women in the status of property and is discriminatory. If you are seeking custody of a child, fighting a change in custody or considering adoption, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child custody, paternity, child support, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.