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Date: 03-05-2024
Case Style:
In the Matter of a Parentage of children conceived as a result of Assisted reproduction Amy Z. v. Lisa N.
Case Number: 244076
Judge: Mary G. Carney
Court: Family Court, Erie County, New York
Plaintiff's Attorney:
Defendant's Attorney:
Buffalo, New York family law lawyers represented parents in a child custody dispute.
Sabastian and Sullivan were born in November 2019 through the process of assisted reproduction, wherein Lisa was the gestating intended parent. Amy asserts that she too was the intended parent as she agreed to start a family with Lisa, participated fully in the assisted reproduction process, birthing and parenting of the children. Amy now seeks a judgment and declaration of parentage naming her as the lawful parent of Sabastian and Sullivan. The Attorney for the Children does not oppose this relief; however, Lisa objects on the grounds that Amy never adopted the children or otherwise moved to protect her parenting rights in a timely fashion. She argues that Amy must now be barred either by operation of law per Family Court Act § 581-206 or equity per the Doctrine of Laches.
The petitions seeking to establish parentage were filed in or around June 2023. The matter was originally heard by a Support Magistrate in Erie County Family Court who dismissed them on Lisa's motion in or around August 2023. The Support Magistrate's order stated in relevant part that the petitions were dismissed as "untimely" as they were "filed more than one hundred and eighty (180) days after the [children's] birth" citing Family Court Act § 581.206. Amy filed objections to the Support Magistrate's order in or around September 2023.
Sabastian and Sullivan were born in November 2019 through the process of assisted reproduction, wherein Lisa was the gestating intended parent. Amy asserts that she too was the intended parent as she agreed to start a family with Lisa, participated fully in the assisted reproduction process, birthing and parenting of the children. Amy now seeks a judgment and declaration of parentage naming her as the lawful parent of Sabastian and Sullivan. The Attorney for the Children does not oppose this relief; however, Lisa objects on the grounds that Amy never adopted the children or otherwise moved to protect her parenting rights in a timely fashion. She argues that Amy must now be barred either by operation of law per Family Court Act § 581-206 or equity per the Doctrine of Laches.
The petitions seeking to establish parentage were filed in or around June 2023. The matter was originally heard by a Support Magistrate in Erie County Family Court who dismissed them on Lisa's motion in or around August 2023. The Support Magistrate's order stated in relevant part that the petitions were dismissed as "untimely" as they were "filed more than one hundred and eighty (180) days after the [children's] birth" citing Family Court Act § 581.206. Amy filed objections to the Support Magistrate's order in or around September 2023.
Sabastian and Sullivan were born in November 2019 through the process of assisted reproduction, wherein Lisa was the gestating intended parent. Amy asserts that she too was the intended parent as she agreed to start a family with Lisa, participated fully in the assisted reproduction process, birthing and parenting of the children. Amy now seeks a judgment and declaration of parentage naming her as the lawful parent of Sabastian and Sullivan. The Attorney for the Children does not oppose this relief; however, Lisa objects on the grounds that Amy never adopted the children or otherwise moved to protect her parenting rights in a timely fashion. She argues that Amy must now be barred either by operation of law per Family Court Act § 581-206 or equity per the Doctrine of Laches.
The petitions seeking to establish parentage were filed in or around June 2023. The matter was originally heard by a Support Magistrate in Erie County Family Court who dismissed them on Lisa's motion in or around August 2023. The Support Magistrate's order stated in relevant part that the petitions were dismissed as "untimely" as they were "filed more than one hundred and eighty (180) days after the [children's] birth" citing Family Court Act § 581.206. Amy filed objections to the Support Magistrate's order in or around September 2023.
Sabastian and Sullivan were born in November 2019 through the process of assisted reproduction, wherein Lisa was the gestating intended parent. Amy asserts that she too was the intended parent as she agreed to start a family with Lisa, participated fully in the assisted reproduction process, birthing and parenting of the children. Amy now seeks a judgment and declaration of parentage naming her as the lawful parent of Sabastian and Sullivan. The Attorney for the Children does not oppose this relief; however, Lisa objects on the grounds that Amy never adopted the children or otherwise moved to protect her parenting rights in a timely fashion. She argues that Amy must now be barred either by operation of law per Family Court Act § 581-206 or equity per the Doctrine of Laches.
The petitions seeking to establish parentage were filed in or around June 2023. The matter was originally heard by a Support Magistrate in Erie County Family Court who dismissed them on Lisa's motion in or around August 2023. The Support Magistrate's order stated in relevant part that the petitions were dismissed as "untimely" as they were "filed more than one hundred and eighty (180) days after the [children's] birth" citing Family Court Act § 581.206. Amy filed objections to the Support Magistrate's order in or around September 2023.
Description:
Buffalo, New York family law lawyers represented parents in a child custody dispute.
Sabastian and Sullivan were born in November 2019 through the process of assisted reproduction, wherein Lisa was the gestating intended parent. Amy asserts that she too was the intended parent as she agreed to start a family with Lisa, participated fully in the assisted reproduction process, birthing and parenting of the children. Amy now seeks a judgment and declaration of parentage naming her as the lawful parent of Sabastian and Sullivan. The Attorney for the Children does not oppose this relief; however, Lisa objects on the grounds that Amy never adopted the children or otherwise moved to protect her parenting rights in a timely fashion. She argues that Amy must now be barred either by operation of law per Family Court Act § 581-206 or equity per the Doctrine of Laches.
The petitions seeking to establish parentage were filed in or around June 2023. The matter was originally heard by a Support Magistrate in Erie County Family Court who dismissed them on Lisa's motion in or around August 2023. The Support Magistrate's order stated in relevant part that the petitions were dismissed as "untimely" as they were "filed more than one hundred and eighty (180) days after the [children's] birth" citing Family Court Act § 581.206. Amy filed objections to the Support Magistrate's order in or around September 2023.
Outcome: Petition for Parentage granted.
Plaintiff's Experts:
Defendant's Experts:
Comments: