Rule 5:14-4. Gestational Carrier Matters; Orders of Parentage

Rule 5:14-4. Gestational Carrier Matters; Orders of Parentage

(a) Complaint and Order to Show Cause. Prior to the birth of a child or
thereafter, and prior to the issuance of a birth certificate pursuant to N.J.S.A. 26:8-28, a
complaint and a proposed order to show cause may be filed requesting an order of
parentage naming the petitioners as the child's legal parents. A complaint filed pursuant
to the New Jersey Gestational Carrier Agreement Act, N.J.S.A. 9:17-60 et seq., shall
have attached to it those documents as set forth in N.J.S.A. 9:17-67(b). A gestational
carrier is defined as a woman who is not the genetic mother of the child.

(b) Process. The complaint, proposed order to show cause, and proposed order
of parentage shall be filed with the Surrogate in the county where either the petitioners
or gestational carrier resides, or where the child is to be born. The executed order to
show cause shall be entered by the court no later than three days after filing of the
complaint and set forth a return date no later than seven days after the filing date of the
complaint. The gestational carrier and her spouse or partner in a civil union or domestic
partnership, if applicable, and any other party to the gestational carrier agreement, shall
be served with a copy of the complaint, executed order to show cause, and proposed
order of parentage. Proof of service shall be filed with the court on or before the return
date.

(c) Return on Order to Show Cause.

(1) If the gestational carrier, or her spouse or partner in a civil union or
domestic partnership, if applicable, and any other party to the gestational carrier
agreement, have not filed an objection with the Surrogate, or appeared in court, an
order of parentage shall be signed on the return date. The order of parentage shall state
that the petitioners shall be the sole parents of the child born to the gestational carrier.
Personal appearances of the parties on the return date shall not be required unless
there is an objection to the relief requested.

(2) The order of parentage shall be effective on the date it is executed by
the court, and the Surrogate shall provide the fully executed order of parentage
immediately to the petitioners or their attorney who shall serve a copy of the order of
parentage on the gestational carrier and her spouse or partner in a civil union or
domestic partnership, if applicable, and any other party to the gestational carrier
agreement.

(d) Listing of Names of Petitioners on the Birth Record. Pursuant to N.J.S.A.
26:8-28 and N.J.S.A. 9:17-67(g), upon presentation by the petitioners or their attorney
of the fully executed order of parentage to the hospital or health care facility in which the
child was born, the names of the petitioners shall be listed as the parents of the child on
the birth record pursuant to N.J.A.C. 8:2-1.5(d).

Note: Adopted July 27, 2015 to be effective September 1, 2015; paragraphs (a), (b), (c), (d) amended
July 29, 2019 to be effective September 1, 2019.