Surrogate’s Court of New York
345 N.Y.S.2d 430 (1973)
During their marriage, a husband (defendant) and wife (plaintiff) decided to have a child that would be conceived through artificial insemination by an anonymous donor (AID). The wife gave birth to a daughter, and the husband was identified as the father on the birth certificate. Later, the husband and wife separated and divorced. The separation agreement and divorce decree both indicated that the child was the daughter of both the mother and father. The father financially supported and maintained contact with the daughter under the terms of the divorce decree. The mother eventually remarried, and her new husband (plaintiff) sought to adopt the daughter from the first marriage. The first husband refused to consent to the adoption. The mother argued that his consent was unnecessary because he was not a legal “parent” of the daughter. The Surrogate’s Court considered the question.
Rule of Law
Holding and Reasoning (Sobel, J.)
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