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IN RE T.J.S.

No. A-4784-09T4

16 A.3d 386 (2011)

419 N.J. Super. 46

In the Matter of the Parentage of a Child by T.J.S. and A.L.S., h/w.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 2011.

Attorney(s) appearing for the Case

Donald C. Cofsky , Haddonfield, argued the cause for appellants T.J.S. and A.L.S., h/w (Cofsky & Zeidman, LLC, attorneys; Mr. Cofsky, of counsel and on the brief).

Kimberly E. Jenkins , Deputy Attorney General, argued the cause for respondent Department of Health and Senior Services ( Paula T. Dow , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Jenkins, on the brief).

Before Judges PARRILLO, YANNOTTI and SKILLMAN.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

At issue is whether the New Jersey Parentage Act (Parentage Act), N.J.S.A. 9:17-38 to -59, recognizes an infertile wife as the legal mother of her husband's biological child, born to a gestational carrier, and, if not, whether the statutory omission violates equal protection by treating women differently than similarly-situated infertile men, whose paternity is presumed when their wives give...

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