The state Supreme Court is expected to soon rule on a parental dispute that has drawn references to New Jersey’s landmark “Baby M” case.
A Camden County couple claims state law is flawed because it automatically awards fatherhood to an infertile man if his wife is artificially inseminated with his consent, but doesn’t confer similar rights on an infertile woman.
A ruling is expected Wednesday morning.
The case involves a husband and wife who used a surrogate because the wife was infertile.
In the “Baby M” case from the mid-1980s, a New Jersey couple contracted with a surrogate who later refused to give up the child and fled the state. A judge eventually awarded the couple custody but gave surrogate Mary Beth Whitehead visitation rights.