TRENTON — Gov. Chris Christie today vetoed a bill that would have relaxed New Jersey’s strict surrogate parenting law, saying the state hadn’t yet answered the “profound” questions that surround creating a child through a contract.
According to the governor’s statement explaining the veto obtained by The Star-Ledger, “Permitting adults to contract with others regarding a child in such a manner unquestionably raises serious and significant issues.”
“In contrast to traditional surrogacy, a gestational surrogate birth does not use the egg of the carrier,” the governor wrote. “In this scenario, the gestational carrier lacks any genetic connection to the baby, and in some cases, it is feasible that neither parent is genetically related to the child. Instead, children born to gestational surrogates are linked to their parents by contract.”
“While some all applaud the freedom to explore these new, and sometimes necessary, arranged births, others will note the profound change in the traditional beginnings of the family that this bill will enact. I am not satisfied that these questions have been sufficiently studied by the Legislature at this time,” according to the statement.
The bill (S1599) would have eliminated the three-day waiting period for parents of children born to surrogates to be listed on their birth certificates. It also would have required the “gestational carrier” to surrender custody of the child immediately upon the child’s birth.
The state has not updated its surrogacy law since the Baby M case in 1988, which defined the legal relationship between a surrogate using her egg and a husband who used his sperm to conceive a child. But that case involved artificial insemination, not in vitro fertilization, which is what sparked this bill involving a Union County couple.
The state Bureau of Vital Statistics initially allowed the couple to be listed on their son’s birth certificate after the three-day waiting period. But state went to court to block it because the intended mother had no genetic or biological tie to the infant – conceived with an anonymous donor egg and her husband’s sperm. She had to adopt the baby despite a surrogacy contract recognized by a judge.
