Legal Opinion

T.V. v. New York State Department of Health

Appellate Division of the Supreme Court of the State of New York

Decided August 9, 2011PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Austin, J.

On this appeal, we are asked to determine whether a complaint which seeks a judgment (a) declaring that a genetic mother is the legal mother of a child born to a gestational carrier under a surrogate parenting contract is entitled to be named as the child’s legal mother on the child’s birth certificate, without requiring a formal adoption proceeding, and (b) declaring Family Court Act §§517 and 542 and Domestic Relations Law article 8 to be unconstitutional, states cognizable causes of action. For the reasons set forth below, we hold that the plaintiffs stated…

2Cases cited22 opinions

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. Leon v. MartinezNew York Court of Appeals · 1994
  3. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
  4. Frontiero v. RichardsonSupreme Court of the United States · 1973
  5. United States v. VirginiaSupreme Court of the United States · 1996

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3Cited by11 opinions

  1. MacNeil v. BerryhillCourt of Appeals for the Second Circuit · 2017
  2. Palm v. Tuckahoe Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
  3. Travelocity.com v. ComptrollerCourt of Appeals of Maryland · 2021
  4. Sanchez v. BonillaAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Alison RRAppellate Division of the Supreme Court of the State of New York · 2020

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