Wendy G-M. v. Erin G-M.
Supreme Court of New York
985 N.Y.S.2d 845 (N.Y. Sup. Ct. 2014)
Relevant factsFree
Wendy and Erin (plaintiff and defendant), a married same-sex couple, agreed Wendy would conceive through artificial insemination and that both spouses would be the child's mothers; the resulting birth certificate listed both women as parents. After the couple separated and Wendy filed for divorce, Erin sought visitation and maintenance, and Wendy argued Erin was not a legal parent.
IssueFree
Whether the presumption that a child born during a marriage is the legitimate child of both spouses applies equally to a non-biological parent in a same-sex marriage.