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Friday, October 26, 2012

When Is The Child of an Infertile Woman a Dependent

The child of an infertile woman has yet another hurtle of proof to establish dependency status in a workers' compensation as the NJ Supreme Court decided that a formal adoption is necessary for an infertile woman to be designated as the legal mother of her husband’s biological child born to a gestational carrier.

Statutory dependency status in workers' compensation is confirmed by law to designated individuals. Those who are not specifically enumerated by the Workers' Compensation Act, ie. a non-biological child, may be considered a dependent after formally establishing dependency status. N.J.S.A. 34:15-13. Legal adopt will confer statutory status.

"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 not violate the right to equal protection under Article I, paragraph 1 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. "
IN THE MATTER OF THE PARENTAGE OF A CHILD BY T.J.S. AND A.L.S., h/w (Decided October 24, 2012 (NJ 2012).

Also read The Jurist "New Jersey Supreme Court upholds surrogacy law"

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