Nolan v. LaBree

Summary

The Maine Supreme Judicial Court held that the District Court had statutory authority to declare the maternity of a genetic parent in an undisputed gestational-carrier case. It vacated the judgment in part and remanded for a judgment declaring Celia Nolan the child's mother and the LaBrees not to be the child's parents. The court also held that the Department of Health and Human Services was not required to be joined because the Nolans sought a parentage judgment rather than an order directing the Department to act.

Holdings

1. Title 19-A M.R.S. § 1556 gives the District Court authority to determine parentage, and the gender-neutral term "parentage" includes both paternity and maternity.
2. When the genetic parents seek a judgment declaring their legal parentage and the gestational carrier and her husband expressly do not wish to be recognized as parents, the court may determine that the genetic individuals are the parents without additional proceedings.
3. The Nolans were not required to join the Department of Health and Human Services because they sought a judgment of parentage, not an order directing the Department to alter the birth certificate.

Questions Presented

1. Whether the District Court had statutory authority under Maine's parentage statutes to declare Celia Nolan the legal mother of a child born to a gestational carrier.
2. Whether the District Court could determine the legal parentage of the genetic parents and thereby determine that the gestational carrier and her husband were not the child's parents in an undisputed proceeding.
3. Whether the Nolans were required to join the Department of Health and Human Services as a defendant in an action seeking a judgment of parentage.

Disposition

vacated