Husband Required to Pay Child Support for Artificially Inseminated Child
On appeal, a court ruled that a husband can be deemed the legal parent of a child born to his wife, where the child was conceived as a result of artificial insemination during the marriage, but where the husband's consent to the artificial insemination was not obtained in writing. Domestic Relations Law § 73 provides that: Any child born to a married woman by means of artificial insemination performed by persons duly authorized to practice medicine and with the consent in writing of the woman and her husband, shall be deemed the legitimate, natural child of the husband and his...
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Same-Sex Marriage, Divorce and Custody Issues
I am back from a much needed warm weather winter vacation with the family. Now, back to blogging. While I was away, Justice Laura Drager rendered an important decision in the case Beth R. v. Donna M. Following the decision in Martinez v. Monroe County, which I discussed here, Justice Drager ruled that a same-sex marriage, validly entered into in a jurisdiction that allows same-sex marriages, would be entitled to full legal recognition in New York. This is the first time that a New York court recognized a same sex marriage in the context of a same-sex divorce action. The...
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