Raftopol v. Ramey

Domestic partners Anthony Raftopol and Shawn Hargon (plaintiffs) entered into an agreement with Karma Ramey (defendant) in which Ramey agreed to act as a surrogate carrier for the plaintiffs’ child. Raftopol contributed genetic material to eggs provided by a third-party donor, which were subsequently implanted in Ramey. Ramey gave birth to two children. Pursuant to the agreement, Ramey agreed to terminate her parental rights and consent to the adoption of the children by Hargon. Prior to the birth of the children, the plaintiffs filed a petition in trial court seeking a declaratory judgment that that the gestational agreement was valid and that Raftopol and Hargon were the legal parents of the children. Additionally, the plaintiffs requested that the court order the state department of public health (the department) (defendant) to issue a replacement birth certificate reflecting that Raftopol and Hargon were the children’s lawful parents. The department argued that the trial court lacked jurisdiction to terminate the parental rights of Ramey, her husband, the egg donor, and any other necessary party. The trial court disagreed and held that: (1) the gestational agreement was valid, (2) Raftopol was the biological and legal father of the children, (3) Hargon was also the legal father of the children, and (4) Ramey was not the genetic or legal mother of the children. The trial court ordered the department to issue a replacement birth certificate. The department appealed.