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T.V. v. NYS DEPT. OF HEALTH

2010-03689.

88 A.D.3d 290 (2011)

929 N.Y.S.2d 139

2011 NY Slip Op 6229

T.V. et al., Appellants, v. NEW YORK STATE DEPARTMENT OF HEALTH, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 9, 2011.

Attorney(s) appearing for the Case

Melissa B. Brisman , New York City, for appellants T.V. and D.Y.-V., and Rumbold & Seidelman, LLP, Bronxville ( Denise E. Seidelman and Nina E. Rumbold of counsel), for appellants N.N. and R.N. (one brief filed).

Eric T. Schneiderman , Attorney General, New York City ( Alison Nathan and Sudarsana Srinivasan of counsel), for respondent.

DILLON, J.P., LEVENTHAL and CHAMBERS, JJ., concur.

OPINION OF THE COURT

AUSTIN, J.

On this appeal, we are asked to determine whether a complaint which seeks a judgment (a) declaring that a genetic mother is the legal mother of a child born to a gestational carrier under a surrogate parenting contract is entitled to be named as the child's legal mother on the child's birth certificate, without requiring a formal adoption proceeding, and (b) declaring Family Court Act §§ 517 and 542 and Domestic...

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