9:17-63 Rights of parentage. 4. Rights of Parentage. a. Provided that the gestational carrier and the intended parent satisfy the eligibility requirements set forth in section 5 of P.L.2018, c.18 (C.9:17-64) and the gestational carrier agreement satisfies the requirements set forth in section 6 of P.L.2018, c.18 (C.9:17-65), immediately upon the birth of the child: (1) The intended parent shall be the legal parent of the child; (2) In the case of an intended parent who is a spouse or partner in a civil union or domestic partnership, both spouses or partners shall be the parents of the child; and (3) Neither the gestational carrier nor her spouse or partner, if any, shall be the legal parent of the child. b. In the event of a medical or laboratory error in which the resulting child is not genetically related to an intended parent whose gamete was intended to be used under the agreement, the intended parent shall be the parent of the child where the gestational carrier agreement satisfies the requirements set forth in section 6 of P.L.2018, c.18 (C.9:17-65), unless otherwise determined by a court of competent jurisdiction pursuant to a complaint challenging parentage filed by a genetic parent within 120 days of birth. L.2018, c.18, s.4.
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