Legal Opinion

In re Sebastian

New York Surrogate's Court

Decided April 9, 2009PublishedCited by 10 opinions

1Opinion of the Court

*568OPINION OF THE COURT

Kristin Booth Glen, S.

This case presents important questions about the ways in which a child’s “parents” are defined and legally constituted, and how the parent-child relationship can be protected in a transient, cross-border society. Answers implicate assisted reproductive technologies (ARTs) and an outdated statutory scheme which fails to anticipate the relations created by those technologies, New York’s evolving jurisprudence of same-sex relationships, equal protection, full faith and credit, and the effects of the federal Defense of Marriage Act (DOMA) (1 USC § 7; 28…

2Cases cited40 opinions

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. Craig v. BorenSupreme Court of the United States · 1976
  3. United States v. VirginiaSupreme Court of the United States · 1996
  4. Mississippi University for Women v. HoganSupreme Court of the United States · 1982
  5. Michael H. v. Gerald D.Supreme Court of the United States · 1989

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3Cited by10 opinions

  1. Heather Martin Gartner and Melissa Gartner, Individually and as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Department of Public HealthSupreme Court of Iowa · 2013
  2. D.M.T. v. T.M.H.Supreme Court of Florida · 2013
  3. T.M.H. v. D.M.T.District Court of Appeal of Florida · 2011
  4. T.V. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2011
  5. Wendy G-M. v. Erin G-M.New York Supreme Court · 2014

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