Rule 5:14-4.Gestational Carrier Matters; Orders of Parentage
Last amended September 1, 2019 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:14-4
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted July 27, 2015 to be effective September 1, 2015; paragraphs (a), (b), (c), (d) amended July 29, 2019 to be effective September 1, 2019.
Plain-English Summary
A gestational carrier is defined here as a woman who is not the genetic mother of the child. Where such an arrangement exists, the intended parents can secure an order naming them the child's legal parents — filed before the birth or after it, but before a birth certificate issues.
The timetable is deliberately short, because it is racing a birth certificate. The complaint, proposed order to show cause and proposed order of parentage are filed with the Surrogate in the county where the petitioners or the carrier live, or where the child is to be born. The court enters the executed order to show cause no later than three days after the complaint is filed, with a return date no later than seven days after filing. The carrier, her spouse or partner if any, and any other party to the agreement are served, and proof of service is filed by the return date.
If nobody objects or appears, the order of parentage is signed on the return date, stating that the petitioners are the sole parents of the child — and personal appearances are not required. The order takes effect when the court executes it, and the Surrogate provides it immediately to the petitioners or their attorney, who serves a copy on the carrier and the other parties. Presented to the hospital or health care facility where the child was born, it puts the petitioners' names on the birth record as the child's parents.
Frequently Asked Questions
How quickly is a gestational carrier parentage order obtained?
The executed order to show cause is entered no later than three days after the complaint is filed, with a return date no later than seven days after filing.
Do we have to appear in court?
Not if nobody objects. Where the gestational carrier, her spouse or partner if applicable, and any other party to the agreement have not filed an objection or appeared, the order is signed on the return date and personal appearances are not required.
Where is the complaint filed?
With the Surrogate in the county where either the petitioners or the gestational carrier resides, or where the child is to be born.
How do our names get on the birth certificate?
By presenting the fully executed order of parentage to the hospital or health care facility in which the child was born, at which point the petitioners' names are listed as the child's parents on the birth record.