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NJ Court: Infertile Men, Women Not the Same

Thursday, October 25, 2012

A profile of a pregnant woman. (mr. toaster/flickr)

New Jersey's Supreme Court upheld a law Wednesday that critics say discriminates against infertile women — ruling that a woman uses a surrogate to give birth with someone else’s eggs cannot be considered the mother unless she adopts the child.

State law law holds that an infertile man whose wife is artificially inseminated with his permission is the baby's father. But it doesn't give parental rights to an infertile woman whose husband's sperm is used to impregnate another woman, even if she gives permission.

The ruling from a sharply divided court came in response to a case brought by a Union County woman who had, with her husband, arranged for a surrogate to carry a baby conceived from a donor’s egg and the husband’s sperm.

Kate Zernike covered the story for the New York Times and she discussed the case with WNYC’s Amy Eddings.

With the Associated Press

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