McDonald v. McDonald
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, P. J.
The defendant wife in the instant action for a divorce and ancillary relief is the gestational, but not the genetic, mother *9of two children born during the marriage.1 The primary question to be resolved on the instant appeal is whether the defendant wife is the parent, i.e., the natural mother, of the children, for the purposes of resolving the issue of custody. In our view, this question must be answered in the affirmative.
I
The plaintiff husband and the defendant wife were married on July 9, 1988. Because the wife was unable to conceive naturally, she…
2Cases cited9 opinions
- Matter of Baby M.Supreme Court of New Jersey · 1988
- Johnson v. CalvertCalifornia Supreme Court · 1993
- Perry v. FiumanoAppellate Division of the Supreme Court of the State of New York · 1978
- People ex rel. Chitty v. FitzgeraldNew York Supreme Court · 1963
- Cohan v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by15 opinions
- In re C.K.G.Tennessee Supreme Court · 2005
- Raftopol v. RameySupreme Court of Connecticut · 2011
- Belsito v. ClarkSummit County Court of Common Pleas · 1994
- T.V. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2011
- In re SebastianNew York Surrogate's Court · 2009
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