Public-domain · open source
OpenJurist

N.J. Stat. Ann. § 9:17-44

Artificial insemination

Known as the Department of Children and Families Act

The act spans §§ 9:10-1 to 9:7-7 (398 sections).

Applied in 6 court decisions — leading case In re K.M.H. (2007)

Most recently applied in Tmh v. Dmt (December 2011)

L.1983, c.17, s.7; amended 2018, c.18, s.13.

How often courts cite this section

1989199020002010201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

7. a. If, under the supervision of a licensed physician, a physician assistant, or an advanced practice nurse, and with the consent of her spouse or partner in a civil union, a woman is inseminated artificially with semen donated by a man not her spouse or partner, the spouse or partner is treated in law as if the spouse or partner were the legal parent of a child thereby conceived. The consent of the spouse or partner shall be in writing and signed by both parties to the marriage or civil union. The physician, physician assistant, or advance practice nurse shall certify their signatures and the date of the insemination, upon forms provided by the Department of Health, and file the consent with the Department of Health, where it shall be kept confidential and in a sealed file. However, the physician's, physician assistant's, or advance practice nurse's failure to do so shall not affect the parent and child relationship of the spouse or partner. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician, physician's assistant, or advance practice nurse or elsewhere, are subject to inspection only upon an order of the court for compelling reasons clearly and convincingly shown.

b. Unless the donor of semen and the woman have entered into a written contract to the contrary, the donor of semen provided to a licensed physician, physician assistant, or advance practice nurse for use in artificial insemination of a woman other than the spouse or partner in a civil union is treated in law as if the donor of semen were not the legal parent of a child thereby conceived and shall have no rights or duties stemming from the conception of a child.

c. This section shall not apply in a proceeding to determine parentage of a child born in connection with a gestational carrier agreement executed in accordance with the provisions of P.L.2018, c.18 (C.9:17-60 et al.).

Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.