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State v. Profita

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eBook details

  • Title: State v. Profita
  • Author : New Jersey Supreme Court
  • Release Date : January 28, 1934
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

We invalidate the surrogacy contract because it conflicts with the law and public policy of this State. While we recognize the depth of the yearning of infertile couples to have their own children, we find the payment of money to a "surrogate" mother illegal, perhaps criminal, and potentially degrading to women. Although in this case we grant custody to the natural father, the evidence having clearly proved such custody to be in the best interests of the infant, we void both the termination of the surrogate mothers parental rights and the adoption of the child by the wife/stepparent. We thus restore the "surrogate" as the mother of the child. We remand the issue of the natural mothers visitation rights to the trial court, since that issue was not reached below and the record before us is not sufficient to permit us to decide it de novo.


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