RAFTOPOL V. RAMEY 12 A.3d 783 (2011) CASE BRIEF

RAFTOPOL V. RAMEY

12 A.3d 783 (2011)

NATURE OF THE CASE: The department of public health (D) appeals from the judgment of the trial court in favor of the plaintiff Shawn Hargon, (P) an intended parent under the gestational agreement.

FACTS: Ps who were domestic partners living in Romania entered into a written agreement (gestational agreement), dated July 29, 2007, with Ramey (D), in which she agreed to act as a gestational carrier for Ps. Eggs were recovered from a third party egg donor and fertilized with sperm contributed by Raftopol (P). Three of the resulting frozen embryos were subsequently implanted in Ramey's (D) uterus. As a result of the procedures, Ramey gave birth to two children on April 19, 2008. Ramey (D) had agreed to terminate her parental rights to any children resulting from the procedures, and to sign any forms necessary for the issuance of a replacement birth certificate naming Ps as the parents of such children. Ramey (D) also had agreed to consent to the adoption of any such children by Hargon (P) and to cooperate fully to obtain this goal. Prior to the expected delivery date, Ps brought this action, seeking a declaratory judgment that the gestational agreement was valid, that Ps were the legal parents of the children and requesting that the court order the department (D) to issue a replacement birth certificate reflecting that they, and not Ramey (D), were parents of the children. The department (D) responded that the court lacked jurisdiction over the matter. The trial court ruled that: (1) the gestational agreement is valid; (2) Raftopol (P) is the genetic and legal father of the children; (3) Hargon (P) is the legal father of the children; and (4) Ramey (D) is not the genetic or legal mother of the children. The court therefore ordered the department to issue a replacement birth certificate. The department (D) appealed. D argues that the trial court lacked subject matter jurisdiction both to terminate the putative parental rights of the gestational carrier, Ramey (D), and to declare Hargon (P) a legal parent of the children to whom Ramey (D) gave birth, and, consequently, to order the department (D) to issue a replacement birth certificate pursuant to General Statutes 7-48a, 7 naming Hargon (P) and Raftopol (P), the children's biological father, as the children's parents.

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LEGAL ANALYSIS:

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