When is a mother not a mother? When three justices of the New Jersey Supreme Court say so.

In In the Matter of the Parentage of a Child by T.J.S. and A.L.S., three justices of an evenly divided court, by default, affirmed a holding that a wife who was not genetically connected to a child — carried and delivered by an unrelated gestational surrogate — could not be listed as the mother on the child’s birth certificate.

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