A5471

An Act concerning parentage of a child, amending P.L.2018, c.18 and P.L.2019, c.323, and supplementing Title 9 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.2018, c.18 (C.9:17-63) is amended to read as follows:

4. Rights of Parentage.

a. Provided that the gestational carrier and the intended parent satisfy the eligibility requirements set forth in section 5 of P.L.2018, c.18 (C.9:17-64) and the gestational carrier agreement satisfies the requirements set forth in section 6 of P.L.2018, c.18 (C.9:17-65), immediately upon the birth of the child:

(1) The intended parent shall be the legal parent of the child;

(2) In the case of an intended parent who is a spouse or partner in a civil union or domestic partnership, both spouses or partners shall be the legal parents of the child; and

(3) Neither the gestational carrier nor her spouse or partner, if any, shall be the legal parent of the child.

b. In the event of a medical or laboratory error in which the resulting child is not genetically related to an intended parent whose gamete was intended to be used under the agreement, the intended parent shall be the legal parent of the child where the gestational carrier agreement satisfies the requirements set forth in section 6 of P.L.2018, c.18 (C.9:17-65), unless otherwise determined by a court of competent jurisdiction pursuant to a complaint challenging parentage filed by a genetic parent within 120 days of birth.

(cf: P.L.2018, c.18, s.4)

2. Section 3 of P.L.2019, c.323 (C.9:17-71) is amended to read as follows:

3. a. A natural parent or person treated in State law as a legal parent of the child, and the current or former partner in civil union or the current or former spouse of the natural parent or person treated in State law as a legal parent may jointly file a complaint for a judgement of adoption with the Superior Court, Chancery Division, Family Part of the county of residence of the spouse, civil union partners, or one of the parties to the action.

b. Attached to the complaint shall be:

(1) proof of a valid civil union or marriage between the natural or legal parent and that person’s partner in civil union or spouse, issued prior to the birth of the child;

(2) an original birth certificate issued by the State Registrar of Vital Statistics on which both partners in civil union or spouses are listed as parents of the child; and

(3) a written declaration signed by both parties to the action that describes in sufficient detail how the child was conceived and identifies any other involved parties so that the court may determine whether those individuals have parental rights to the child.

c. The court shall, if it determines that the parental rights of any other interested individual have been relinquished or terminated, issue a judgement of adoption confirming both parties to the action as the legal parents of the child, without the need for an appearance by the parties.

d. The court shall, if it determines that another individual may have existing parental rights to the child, order and conduct a hearing on the matter, providing notice to all parties, before issuing a judgement of adoption.

e. No home study or background check shall be required by the court in order to issue a judgement of adoption pursuant to this act.

f. The process provided by this section shall not [be available] apply to the intended parents of a child born to a gestational carrier pursuant to the provisions of the “New Jersey Gestational Carrier Act,” P.L.2018, c.18 (C.9:17-60 et al.) , the spouse or partner in a civil union of a woman who is inseminated artificially with semen donated by a man not her spouse or partner pursuant to section 7 of P.L.1983, c.17 (C.9:17-44), or any other parent when the presumption of parentage established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) is established.

g. [Nothing in this act shall be deemed to summarily extinguish or terminate the parental rights of any individual.] (Deleted by amendment P.L. , c. )(pending before the Legislature as this bill)

h. [Nothing in this act shall be deemed to confer parental rights through a birth certificate.] (Deleted by amendment P.L. , c. )(pending before the Legislature as this bill)

i. The Supreme Court may establish court rules as necessary to effectuate the provisions of this act.

(cf: P.L.2019, c.323, s.3)

3. (New section) a. As used in this section:

“Intended parent” shall have the same meaning as defined in section 3 of P.L.2018, c.18 (C.9:17-62).

b. A natural parent or the intended parent and the spouse or partner in a civil union of the natural parent or an intended parent shall be presumed to be the legal parents of a child born to a gestational carrier agreement pursuant to the provisions of the “New Jersey Gestational Carrier Act,” P.L.2018, c.18 (C.9:17-60 et al.) or born as a result of artificial insemination pursuant to section 7 of P.L.1983, c.17 (C.9:17-44) if:

(1) the natural parent or the intended parent and the spouse or partner in a civil union have a valid civil union or marriage certificate which was issued prior to the birth of the child; and

(2) the natural parent or the intended parent and the spouse or partner in a civil union are listed as the parents on an original birth certificate issued by the State Registrar of Vital Statistics.

4. This act shall take effect immediately.

STATEMENT

This bill establishes a presumption of legal parentage under certain circumstances.

Under the bill, when a natural parent or an intended parent and the spouse of, or the partner in a civil union with, such parent appear on the child’s birth certificate and possess a marriage or civil union certificate issued prior to the child’s birth there is established a presumption that both persons are the legal parents of the child.

Under current law, as established by the “Legal Parentage Act,” P.L.2019, c.323, a natural parent or person treated in State law as a legal parent of the child and the current or former partner in a civil union or the current or former spouse of the natural parent or person treated in State law as a legal parent may jointly file a complaint for a judgement of adoption. As part of such complaint, the parties must submit proof of a valid civil union or marriage certificate issued prior to the birth of the child, an original birth certificate with both names appearing, and a written declaration signed by both parties detailing how the child was conceived and identifying any other parties involved so that the court may determine whether those individuals have parental rights.

This bill would remove such requirements to obtain an order of adoption when the child’s birth is a result of a gestational carrier agreement or artificial insemination, if: the couple was married or entered into a civil union prior to the child’s birth; and both names appear on the birth certificate.

The presumption of legal parentage established under this bill is intended to confer legal parental rights to parents who are married or have entered into a civil union and have conceived children through a gestational carrier agreement or artificial insemination by virtue of a birth certificate and to summarily extinguish or terminate the parental rights of any other individual. The intent of this bill is to eliminate additional barriers to legal parentage for same-sex couples.