Law

A Legislative Approach to the Concept of Parentage in the Age of Surrogacy and Artificial Reproduction

Source New York Law Journal

In March, this column addressed the “Continuing Legal Evolution of the Concepts of Parent and Child,” N.Y.L.J. (March 8, 2018) in a review of the Appellate Division, Third Department’s decision of Jan. 25, 2018 in Matter of Christopher YY v. Jessica ZZ, 2018 NY Slip Op 0049, where the sperm donor, biological father sought access to the child of a feminine same sex couple and the court employed both the presumption of legitimacy of a child born to married partners and the doctrine of equitable estoppel to enforce the donor’s promise to relinquish his rights to the child. The difficult questions resolved by that decision were soon followed by Matter of David S. v. Samantha G., N.Y.L.J. (May 3, 2018) where Family Court Judge Carol Goldstein was presented with a custody dispute surrounding a “tri-parent arrangement” involving a biological mother and the biological father joined by his husband.

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