Wendy G-M. v. Erin G-M.
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Richard A. Dollinger, J.
In this divorce action, a child conceived from artificial insemination was born during the marriage. The court must now determine whether the spouse who did not give birth to the child (the non-biological spouse) is a parent of the child under New York’s long-standing presumption that a married couple are both parents of a child born during their marriage.
The birth mother and her spouse were married in a civil ceremony in Connecticut, before New York enacted its Marriage Equality Act (MEA) (L 2011, ch 95).1 The couple decided to have a child and in…
2Cases cited31 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Alison D. v. Virginia M.New York Court of Appeals · 1991
- Godfrey v. SpanoNew York Court of Appeals · 2009
- People v. SorensenCalifornia Supreme Court · 1968
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3Cited by8 opinions
- Mario WW. v. Kristin XX.Appellate Division of the Supreme Court of the State of New York · 2017
- Q.M. v. B.C.New York City Family Court · 2014
- Matter of Paczkowski v. PaczkowskiAppellate Division of the Supreme Court of the State of New York · 2015
- A.F. v. K.H.New York City Family Court · 2017
- Mario WW. v. Kristin XX.Appellate Division of the Supreme Court of the State of New York · 2017
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