Governor 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.
The couple's attorney took the matter to the state Supreme Court; a decision is pending.
Opponents predicted the law would "create a breeder case of women,"
and didn't take into account the emotional issues of the women carrying
the child.
There has been a 28 percent increase in how often people use
gestational carriers to have a child since 2007, according to data from
the American Society of Reproductive Medicine.
The governor's office declined to comment on the veto until it releases it later in the day.
Gregory Quinlan, director of government affairs for the New Jersey
Family Policy Council, called the veto "excellent" news. "We fought the
'rent a womb' bill," he said,
"This is not just about creating a family, it's the use of another
human being's body -- commercializing someone else's uterus," Quinlan
said.
Quinlan agreed with the governor that the legislation did not answer
all of the important questions, such as what happens if a birth defect
is diagnosed in utero. "Do the parents have the right to abort?"
"We are creating an industry to satisfy rich couples' need for a
child. There are other ways to do this. They could adopt," he added.
Donald C. Cofsky, the attorney representing the Union County couple
whose case inspired the bill, said he thinks the governor missed the
point. "Gestational carrier arrangements have been taking place in New
Jersey for well over a decade, and are, and will remain, legal."
The bill would have allowed parties to fashion agreements that would
have taken into account what happens when a parent dies, or the child is
born with disabilities, Cofsky said. "Traditional family law does not
cover this event, a child could be left with no parent at all, forcing
the state and thus all of us as taxpayers to assume the responsibility."
"This bill was designed to regulate this practice, set
responsibilities, and protect the rights of all parties - most
importantly the rights of children," said Cofsky of Haddonfield, the
president-elect of the American Academy of Adoption Attorneys.
"I am profoundly disappointed," he said.
Sen. Joseph Vitale (D-Middlesex), one of the bill's sponsors, said he
was "deeply disappointed with the Governor's decision. . .I dedicated
over one year discussing this issue with a variety of groups and
individuals, including my colleagues."
"Many parents and women who cannot otherwise have their own children
have used this procedure for many years. It is a major setback for
parents who wish to create life and give a baby a loving home," Vitale
said.
This site contains copyrighted material the use of which has not always
been specifically authorized by the copyright owner. We are making such
material available in our efforts to advance understanding of
biotechnology and public policy issues. We believe this constitutes a
'fair use' of any such copyrighted material as provided for in section
107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section
107, the material on this site is distributed without profit to those
who have expressed a prior interest in receiving the included
information for research and educational purposes. For more information
go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use
copyrighted material from this site for purposes of your own that go
beyond 'fair use', you must obtain permission from the copyright owner. |