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WENDY G-M. v. ERIN G-M.

13-13669

45 Misc.3d 574 (2014)

985 N.Y.S.2d 845

WENDY G-M., Plaintiff, v. ERIN G-M., Defendant.

Supreme Court, Monroe County.

Decided May 7, 2014.

Attorney(s) appearing for the Case

Joanne Best , Brockport, for plaintiff.

Jeanne Colombo , Rochester, for defendant.

OPINION OF THE COURT

RICHARD A. DOLLINGER, J.

In this divorce action, a child conceived from artificial insemination was born during the marriage. The court must now determine whether the spouse who did not give birth to the child (the non-biological spouse) is a parent of the child under New York's long-standing presumption that a married couple are both parents of a child born during their marriage.

The birth mother and her spouse were married...

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