Christopher YY v. Jessica ZZ and Nicole ZZ

Jessica ZZ and Nicole ZZ (collectively, the mothers) (defendants), a married couple, wanted to have a child. Christopher YY (plaintiff) agreed to provide his sperm in order to help the mothers achieve this. An informal artificial-insemination process was used to facilitate the pregnancy of Jessica. Prior to insemination, Christopher entered into a signed agreement with the mothers whereby he waived all claims to paternity, custody, and visitation. The mothers waived any claim to child support. Following the birth of the child, Christopher and the mothers had a falling out over a disagreement about access to the child. The child was given Nicole’s surname and lived with the mothers. In April 2015, Christopher filed a paternity petition and a petition seeking custody of the child in family court. Jessica opposed the request for a paternity test and filed a cross-petition for custody. Nicole was added as a respondent. Jessica moved to dismiss based on the presumption of legitimacy afforded to a child under New York domestic-relations law. The law provided that a court shall order a genetic paternity test unless it is not in the best interests of the child based on the presumption of legitimacy afforded to a child born to a married woman. The family court denied the motion to dismiss and ordered a genetic test. Jessica appealed.