NOLAN v. LaBREE

Docket No. Pen-11-393.

52 A.3d 923 (2012)

2012 ME 61

Robert NOLAN et al. v. Kristen LaBREE et al.

Supreme Judicial Court of Maine.

Decided: May 3, 2012.


Attorney(s) appearing for the Case

Christopher M. Berry, Esq. (orally), and Judith M. Berry, Esq. , The Law Office of Judith Berry, Gorham, on the briefs, for appellants Robert and Celia Nolan.

Charles W. Hodsdon II, Esq. , Bangor, on the briefs, for appellees Kristen and Jeffrey LaBree.

Patricia A. Peard, Esq. , and Kai W. McGintee, Esq. , Bernstein, Shur, Sawyer, & Nelson; Mary L. Bonauto , Gay & Lesbian Advocates & Defenders, Boston, Massachusetts; and Donald C. Cofsky, Esq. , and Judith Sperling-Newton, Esq. , American Academy of Reproductive Technology Attorneys, Washington, District of Columbia, for amici curiae American Society for Reproductive Medicine, American Academy of Assisted Reproductive Technology Attorneys, RESOLVE: The National Infertility Association, American Fertility Association, New England Fertility Society, Reproductive Science Center of New England, Boston IVF, and Society, on the briefs, for Assisted Reproductive Technology.

William J. Schneider , Attorney General, and Justin B. Barnard , Asst. Atty. Gen., Office of the Attorney General, Augusta, on the briefs, for amicus curiae Attorney General.

Catherine R. Connors, Esq. , Nolan L. Reichl, Esq. , and Kyle N. Kirby, Esq. , Pierce Atwood LLP, Portland, on the briefs, for amicus curiae Concerned Maine Attorneys.

John C. Sheldon, Esq., Westbrook, on the briefs, amicus curiae pro se.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.


GORMAN, J.

[¶ 1] Robert Nolan and Celia Nolan appeal from a judgment of the District Court (Bangor, Gunther, J.) declaring Robert to be the father and Celia to be the de facto mother of a child. The child is genetically related to Robert and Celia but was born to Kristen LaBree, a gestational carrier. The Nolans contend that the court erred in refusing to declare the maternity of Celia. Kristen and her husband, Jeffrey LaBree, join the Nolans in their...

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