Wendy G-M. v. Erin G-M

985 N.Y.S.2d 845 (2014)

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Nature of the Case

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Facts

This was a divorce action of a same sex couple, Wendy (P) and Erin (D). The birth mother and her spouse were married in a civil ceremony in Connecticut. a child conceived from artificial insemination was born during the marriage. They both signed a consent form agreeing to artificial insemination procedures. In the consent form, the birth-mother authorized the physician to perform artificial insemination on her, and the spouse requested the doctor to perform the procedure. The document also reads: We declare that any child or children born as a result of a pregnancy following artificial insemination shall be accepted as the legal issue of our marriage. After the birth of the child, the spouse left the household. The action for divorce was commenced by P, the birth-mother, in December 2013, less than then three months after the birth of the child. P would not permit D, the spouse, to visit with the child.