Perry-Rogers v. Fasano
Supreme Court of New York, Appellate Division
715 N.Y.S.2d 19 (N.Y. App. Div. 2000)
An embryo belonging to Deborah Perry-Rogers and Robert Rogers (plaintiffs) was mistakenly implanted into Donna Fasano, a fellow fertility-clinic patient. Both couples learned of the mix-up about a month later and were told DNA testing would be needed. Fasano gave birth to two children -- her own biological child and the Rogerses' biological son, Akeil -- but the Fasanos did nothing to correct the error at birth. Once the Rogerses learned of the birth, they sued for a declaration of their rights, and the Fasanos conceded custody but were awarded visitation by the trial court.
Whether a gestational mother has standing to assert visitation rights where a couple's embryo was mistakenly implanted in her, and the mistake was discovered before she had the opportunity to bond with the other couple's biological child.