New Jersey

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes (standard Order language). The a certified copy of the Order should be presented to hospital, who will then fax it to Vital Statistics. The hospital will then likely return the certified Order to the Intended Parents (i.e. neither the hospital nor Vital Statistics require the certified Order).

The birth record which the hospital will electronically transmit to Vital Statistics will include the GC’s information; the only birth certificate which is issued will indicate the Intended Parents’ names.

Prior to the birth, please email a copy of the Order to Yamileth Merchak (yamileth.merchak@doh.nj.gov). For any questions, please contact Yamileth 609-292-4087.

Birth Certificates

Timing - Hospitals are required to electronically submit the birth record within 5 days of the birth. Birth certificates are generally available on the 6th day and can be ordered in person at a local registrar. For birth certificates to be apostilled or used for passport application purposes, the long form birth certificate should be requested.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.

statutes / case law

Gestational carrier arrangements are permitted by statute, New Jersey Revised Statutes Title 9.  Previously, compensated gestational carrier agreements/arrangements were unenforceable according to case law, A.H.W. and P.W. v. G.H.B. (2000) and In re T.J.S. (2012)

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. N.J.S. 9:17-44.

 
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  No.

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  No.

Are motions to waive venue accepted?  Unknown.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes, as long as the filing is completed within 3 months of the child(ren)'s birth.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes

Does the couple need to be married?  No.