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Matter of Carol

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 540 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the Surrogate's Court, Kings County (Bloom, S.).


Ordered that the order is reversed, on the law, without costs or disbursements, the petition is granted, and the matter is remitted to the Surrogate's Court, Kings County, for further proceedings.

The child Christine G. was born on April 12, 1993. The birth mother was Leah G. At the time of the birth, the petitioner and Leah G. had been living together in a monogamous lesbian relationship for three years. Both made a decision to raise the child together. At all times, both the petitioner and Leah understood that although Leah would be the birth mother, the petitioner would be equally responsible for the nurturing and support, both emotional and financial, of the child. Approximately four months after the child's birth the petitioner filed a petition in the Surrogate's Court, Kings County, for certification as a qualified adoptive parent. The Surrogate's Court denied the petition, and the petitioner appealed.

Based on the Court of Appeals' decision in Matter of Dana ( 86 N.Y.2d 651), the order is reversed, the petition is granted, and the matter is remitted to the Surrogate's Court, Kings County for further proceedings. Mangano, P.J., Miller, Santucci and Hart, JJ., concur.


Summaries of

Matter of Carol

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 540 (N.Y. App. Div. 1996)
Case details for

Matter of Carol

Case Details

Full title:In the Matter of CHRISTINE G. CAROL G.M., Appellant

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 540 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1016