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Wendy G-M. v. Erin G-M.

Supreme Court of New York
985 N.Y.S.2d 845 (N.Y. Sup. Ct. 2014)


Facts

Wendy G-M. (plaintiff) and her spouse, Erin G-M. (defendant), were married. Wendy and Erin agreed to have a child together and agreed that the birth mother would undergo artificial insemination. Wendy and Erin also agreed that both the birth mother and the spouse would be the mothers of any child born from the procedure. A child was born to Wendy, who was the birth mother, and the birth certificate listed both Wendy and Erin as the parents. Soon afterward, however, Wendy and Erin separated. Wendy filed for divorce. Erin filed motions for visitation rights and maintenance. Wendy argued that Erin was not a legal mother of the child.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning (Dollinger, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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