Legal Opinion

Wendy G-M. v. Erin G-M.

New York Supreme Court

Decided May 7, 2014PublishedCited by 8 opinions

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

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Hynes v. . McDermottNew York Court of Appeals · 1883
  3. Alison D. v. Virginia M.New York Court of Appeals · 1991
  4. Godfrey v. SpanoNew York Court of Appeals · 2009
  5. People v. SorensenCalifornia Supreme Court · 1968

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3Cited by8 opinions

  1. Mario WW. v. Kristin XX.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Q.M. v. B.C.New York City Family Court · 2014
  3. Matter of Paczkowski v. PaczkowskiAppellate Division of the Supreme Court of the State of New York · 2015
  4. A.F. v. K.H.New York City Family Court · 2017
  5. Mario WW. v. Kristin XX.Appellate Division of the Supreme Court of the State of New York · 2017

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