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Thursday, January 14, 2010

 
FAMILY COURT JUDGE CAUSES ANOTHER ACCIDENT WAITING TO HAPPEN

Check out "New Jersey Judge Calls Surrogate Legal Mother of Twins," which discusses a rather unusual New Jersey custody case between a gay couple and the woman who acted as the surrogate for them. In this case, "The gestational surrogate, who is not genetically related to the babies and carried them in an arrangement with her brother and his male spouse, now has the right to seek primary custody of the children."

So much for the sanctity of contracts. So much for the biological rights of sperm donors and egg donors. So much for the concept of "Equal Protection under the Law." Regardless of one's views on same-sex marriages, adoption by gays, fertility clinics, and surrogacy, this ruling is blatant over-reaching judicial lawmaking that is guaranteed to have serious negative consequences, not only on the parties in the case but on couples who are this very minute making arrangements with fertility clinics and surrogates to create a family.

Granted, there may be an unreported epidemic of gay couples who are unfit to be parents in the State of New Jersey and who are hiring surrogates to incubate fetuses for them in order to avoid the investigation associated with adoptions. Still, if this is a problem, it is a problem for the Legislature, not a Family Court Judge who wants to use his enormous powers to make a point.

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