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McDonald vs. McDonald

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

196 A.D.2d 7 (N.Y. App. Div. 1994) |

MANGANO, P.J.

The defendant wife in the instant action for a divorce and ancillary relief is the gestational, but not the genetic, mother of two children born during the marriage. The primary question to be resolved on the instant appeal is whether the defendant wife is the parent, i.e., the natural mother, of the children, for the purposes of resolving the issue of custody. In our view, this question must be answered in the affirmative.1
 
I
 
The plaintiff husband and the defendant wife were married on July 9, 1988. Because the wife was unable to conceive naturally, she conceived through a process known as "in vitro"...