In the Matter of The Parentage of a Child By T.J.S.
and A.L.S., h/w (A-130-10; 067805)
The judgment of the Appellate Division is affirmed by
an equally divided Court. Absent adoption, the Act
does not recognize an infertile wife as the legal
mother of her husband’s biological child born to a
gestational carrier. The Act does no violate the
right to equal protection under Article I, paragraph I
of the New Jersey Constitution because the
distinctions drawn between an infertile husband and an
infertile wife are grounded in actual reproductive and
biological differences, which the Legislature may
consider in defining alternative means of creating
parenthood. 10-24-12
