Legal Opinion

Perry-Rogers v. Fasano

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

Decided October 26, 2000PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

This appeal concerns a tragic mix-up at a fertility clinic through which a woman became a “gestational mother” to another couple’s embryo, when the embryo was mistakenly implanted into the wrong woman’s uterus. Since a determination of the issues presented may have far-ranging consequences, we attempt here to ensure that our holding is appropriately limited.

FACTS

In April 1998, plaintiffs Deborah Perry-Rogers and Robert Rogers began an in vitro fertilization and embryo transfer program with the In Vitro Fertility Center of New York. However, in the process, embryos…

2Cases cited12 opinions

  1. Matter of JacobNew York Court of Appeals · 1995
  2. Alison D. v. Virginia M.New York Court of Appeals · 1991
  3. Johnson v. CalvertCalifornia Supreme Court · 1993
  4. Ronald FF. v. Cindy GG.New York Court of Appeals · 1987
  5. Canabush v. WancewiczAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by4 opinions

  1. Perry-Rogers v. ObasajuAppellate Division of the Supreme Court of the State of New York · 2001
  2. In re SebastianNew York Surrogate's Court · 2009
  3. C.M. v. C.H.New York Supreme Court · 2004
  4. Sean H. v. Leila H.New York Supreme Court · 2004

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