9:17-67 Establishment of parent-child relationship.

8. Establishment of Parent-Child Relationship.

a. After the gestational carrier becomes pregnant in accordance with the gestational carrier agreement provided for in P.L.2018, c.18 (C.9:17-60 et al.), the intended parent shall file a complaint for an order of parentage with the Superior Court, Chancery Division, Family Part of the county of the child's anticipated birth or the intended parent's or gestational carrier's county of residence.

b. Attached to the complaint shall be:

(1) An affidavit by the gestational carrier and her spouse or partner, if any, and the intended parent that they have entered into a gestational carrier agreement in conformity with New Jersey law and, after consultation with legal counsel, agreed to be bound by the terms of the agreement;

(2) An affidavit of representation by the attorney for the intended parent and the attorney for the gestational carrier and her spouse or partner, if any; and

(3) A statement from the medical facility which performed the assisted reproduction regarding the achievement of pregnancy in accordance with the gestational carrier agreement.

c. The Superior Court shall, to the extent possible, schedule and expedite a hearing on the matter, except that if the matter is uncontested, the court may decide the matter without the need for an appearance by the parties. Notice to all necessary parties shall be made in accordance with the Rules of Court.

d. The attorney representing the intended parent shall appear at the hearing unless the court waives an appearance.

e. Notwithstanding any other law concerning public hearings and records, any action or proceeding held under P.L.2018, c.18 (C.9:17-60 et al.), shall be held in closed court without admittance of any persons other than those necessary to the action or proceeding.

f. If the court finds that the parties have complied with the provisions of P.L.2018, c.18 (C.9:17-60 et al.), the court shall enter an order of parentage naming the intended parent as the legal parent of the child.

g. After the birth of the child, the order of parentage and application for the child's birth certificate shall be filed with the State Registrar of Vital Statistics pursuant to the requirements of R.S:26:8-28. The State Registrar shall issue the child's birth certificate naming the intended parent as the parent of the child.

h. All records and filings in connection with a gestational carrier agreement shall remain confidential and unavailable to the public, except that such records and filings may be made available to a child born as a result of a valid gestational carrier agreement who has attained at least 18 years of age and who has submitted a written, notarized request for the records or filings.

L.2018, c.18, s.8.