In re the Parentage of a Child by T.J.S.

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 *51legal mother of her husband’s biological child, bom 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 birth during the marriage. For the following reasons, we hold that the Parentage Act does not intend maternity in such a circumstance absent…