WENDY G-M. V. ERIN G-M
985 N.Y.S.2d 845 (2014)
NATURE OF THE CASE: This was a dispute over whether a marital parent presumption applies
to same sex couples.
FACTS: This was a divorce action of a same sex couple, Wendy (P) and Erin (D). The birth
mother and her spouse were married in a civil ceremony in Connecticut. a child conceived
from artificial insemination was born during the marriage. They both signed a consent form
agreeing to artificial insemination procedures. In the consent form, the birth-mother
authorized the physician to perform artificial insemination on her, and the spouse requested
the doctor to perform the procedure. The document also reads: We declare that any child or
children born as a result of a pregnancy following artificial insemination shall be accepted
as the legal issue of our marriage. After the birth of the child, the spouse left the
household. The action for divorce was commenced by P, the birth-mother, in December 2013,
less than then three months after the birth of the child. P would not permit D, the spouse,
to visit with the child.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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