Family Law

Judge OKs Married Biological Mom's Petition to Adopt Her Own Child

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In the convoluted world of high-tech human fertility technology and changing marriage standards, it had to happen sooner or later.

In what may be an unprecedented case anywhere, the married mother of a 1-year-old boy has been given permission by a New York surrogate court judge to adopt her own biological child, reports the New York Law Journal.

The adoption issue arose because the tot was actually born to the Dutch same-sex spouse of the petitioner, Ingrid A. The baby was conceived via a harvested egg from Ingrid A. that was fertilized outside the womb with donated sperm, before being implanted in the “surrogate” mother—that is to say, Ingrid A.’s legal spouse, the article recounts.

Ingrid A. and her spouse were legally married at the boy’s conception and birth. But it still wasn’t certain that Ingrid A.’s parental rights would be recognized in every state, even though New York recognizes the validity of the Dutch marriage, explains attorney Carol Buell, who filed the adoption petition.

“We’ve had such good news lately, in birth certificate issues and marriage issues, that a lot of my clients think they don’t need to worry any more, that they don’t need to take these steps to formalize their families,” says Buell. “But that’s just not the case, particularly regarding the portability issues she addresses in this case.”

Ingrid A.’s spouse, Mona A., is an attorney who practices in the field of international law.

There were other approaches that could have been employed to try to protect Ingrid A.’s maternal interest in her own biological child, conceived and born during her marriage to Mona A. However, the adoption option was the best choice because it was most likely to be given full faith and credit by all states and the United States federal government, Surrogate Court Judge Kristin Booth Glen wrote.

If Ingrid A. wasn’t legally recognized as the boy’s parent, this could have adversely impacted his medical insurance coverage, among other issues, Buell said.

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