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

Supreme Court of New York
45 Misc.3d 574 (2014), 985 N.Y.S.2d 845 (N.Y. Sup. Ct. 2014)


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


Holding and Reasoning (Dollinger, J.)

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