R. 5:14-4. — Gestational Carrier Matters; Orders of Parentage

a. Complaint and Order to Show Cause. Prior to the birth of a child or thereafter, and prior to the issuance of a birth certificate pursuant to N.J.S.A. 26:8-28, a complaint and a proposed order to show cause may be filed requesting an order of parentage naming the petitioners as the child's legal parents. A complaint filed pursuant to the New Jersey Gestational Carrier Agreement Act, N.J.S.A. 9:17-60 et seq., shall have attached to it those documents as set forth in N.J.S.A. 9:17-67(b). A gestational carrier is defined as a woman who is not the genetic mother of the child.

b. Process. The complaint, proposed order to show cause, and proposed order of parentage shall be filed with the Surrogate in the county where either the petitioners or gestational carrier resides, or where the child is to be born. The executed order to show cause shall be entered by the court no later than three days after filing of the complaint and set forth a return date no later than seven days after the filing date of the complaint. The gestational carrier and her spouse or partner in a civil union or domestic partnership, if applicable, and any other party to the gestational carrier agreement, shall be served with a copy of the complaint, executed order to show cause, and proposed order of parentage. Proof of service shall be filed with the court on or before the return date.

c. Return on Order to Show Cause.

1. If the gestational carrier, or her spouse or partner in a civil union or domestic partnership, if applicable, and any other party to the gestational carrier agreement, have not filed an objection with the Surrogate, or appeared in court, an order of parentage shall be signed on the return date. The order of parentage shall state that the petitioners shall be the sole parents of the child born to the gestational carrier. Personal appearances of the parties on the return date shall not be required unless there is an objection to the relief requested.

2. The order of parentage shall be effective on the date it is executed by the court, and the Surrogate shall provide the fully executed order of parentage immediately to the petitioners or their attorney who shall serve a copy of the order of parentage on the gestational carrier and her spouse or partner in a civil union or domestic partnership, if applicable, and any other party to the gestational carrier agreement.

d. Listing of Names of Petitioners on the Birth Record. Pursuant to N.J.S.A. 26:8-28 and N.J.S.A. 9:17-67(g), upon presentation by the petitioners or their attorney of the fully executed order of parentage to the hospital or health care facility in which the child was born, the names of the petitioners shall be listed as the parents of the child on the birth record pursuant to N.J.A.C. 8:2-1.5(d).