Surrogacy in New Jersey

BLOG

Surrogacy in New Jersey

The View co-host Sherri Shepherd is reportedly getting a divorce from her husband of 3 years, Lamar Sally. Shepherd lives in New Jersey and has filed divorce papers here. Her husband Lamar Sally has reportedly filed for divorce in California.

This is not your typical divorce. Media reports say that Shepherd and her husband are expecting a baby via surrogate this summer. Sally reportedly has asked for sole custody of the unborn child in his California filings, while Shepherd’s divorce papers make no mention of the child at all. This may seem odd, however New Jersey does not have a law that specifically addresses surrogacy. A proposed law called The New Jersey Gestational Carrier Agreement Act was vetoed by Governor Christie in 2012, leaving this area of law in flux.

New Jersey courts do recognize and enforce the parentage aspects of gestational surrogacy (in which the surrogate is unrelated to the child, i.e. is not the biological mother) agreements. When a child is conceived through gestational surrogacy in New Jersey, the intended parents must adopt the child to become legal parents. Therefore, Sally and Shepherd are technically not the legal parents of the child being carried by the surrogate until this legal process is completed. A New Jersey court cannot decide custody until Shepherd and Sally are established as the legal parents of the child. Shepherd’s attorneys will likely file for custody as soon as the child is born.

DeTorres & DeGeorge represents men and women in divorce and family law cases in in Tewksbury, New Jersey and the surrounding areas. Our skilled attorneys are waiting to handle your case. Schedule a consultation by calling us at 908-284-6005.

Children & Divorce Guide
About DeTorres and DeGeorge Family Law

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

Rosanne S. DeTorres
Ms. DeTorres is the managing partner and co-founder of DeTorres & DeGeorge Family Law. She is also only one of 150 attorneys in the State of NJ that is certified by the NJ Supreme Court as a Matrimonial Law Attorney. Ms. DeTorres graduated...
Tagged with: , ,
Share on:

knowledge & insights

Woman with her hands over her ears sitting on a couch with a man

Adultery and Divorce in New Jersey

Grounds for divorce in New Jersey There are two types of divorce in New Jersey: “no fault divorce” and  “at fault divorce.” Adultery and the law No fault divorce is possible if the married couple establishes irreconcilable differences for a period of six months or more. It is also...

May 17, 2024 Read More

Clock and whiteboard on a table with notebooks

How long can a divorce be put on hold?

The divorce process can be complex for so many different reasons and putting the divorce on hold or understanding how long a divorce can be put on hold is necessary to understand, as sometimes this can make the process easier for the parties to manage. Sometimes there is delay because one person...

May 10, 2024 Read More

Notebook with check marks and text "What to ask a divorce lawyer"

What To Ask a Divorce Lawyer

People who are contemplating divorce might be unsure about what to ask a divorce lawyer and how to identify important divorce questions. Hiring an attorney is a big decision, but when representation is needed in a family law matter the decision is often much more personal. Below are some...

May 1, 2024 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top