Raftopol v. Ramey

Domestic partners Raftopol and Hargon (plaintiffs) contracted with gestational carrier Ramey (defendant) to carry twins conceived using Raftopol's genetic material and a third-party donor's eggs, with Ramey agreeing to relinquish any parental rights so Hargon could be recognized as a legal parent; before the birth, the plaintiffs sought a declaratory judgment that the gestational agreement was valid and that both were the children's legal parents, and asked the state health department (defendant) to issue a corrected birth certificate. The trial court agreed on all points, including finding Ramey was neither the genetic nor legal mother, and ordered the birth certificate issued; the department appealed, arguing the court lacked jurisdiction to terminate parental rights of parties not established as legal parents in the first place.