New York Supreme Court May 7, 2014 (Wendy G-M. v. Erin G-M.)

OPINION OF THE COURT

Richard A. Dollinger, J.

In this divorce action, a child conceived from artificial insemination was born during the marriage. The court must now determine whether the spouse who did not give birth to the child (the non-biological spouse) is a parent of the child under New York’s long-standing presumption that a married couple are both parents of a child born during their