Matter of Baby A. (Mary B.L.--Robert A.L.)

Summary

The Appellate Division, Fourth Department, reversed a Family Court judgment declaring Mary B.L. and Robert A.L. the only legal parents of two children conceived through surrogacy and directing transfer of custody to them. The court held that the surrogacy agreements did not satisfy statutory requirements and that Family Court was required to hold a hearing and determine parentage based on the parties’ intent while considering the children’s best interests under Family Court Act § 581-407.

Holdings

1. The Attorney for the Children had authority to bring the appeal as part of representing the children's interests because an article 5-C parentage proceeding is akin to a paternity proceeding and, where the surrogacy agreement is unenforceable, the children's best interests become relevant to the parentage determination.
2. Neither surrogacy agreement was enforceable under article 5-C: the original agreement was not signed by Robert, and the second agreement was not executed before commencement of medical procedures in furtherance of embryo transfer.
3. When a surrogacy agreement does not meet the material requirements of article 5-C, the court must determine parentage based on the parties' intent while taking into account evidence concerning the best interests of the children.
4. Family Court erred in refusing to hold the scheduled hearing and in deciding parentage solely through affidavits without adequately considering evidence relating to the children's best interests.

Questions Presented

1. Whether the Attorney for the Children had authority to appeal on behalf of the children in a Family Court Act article 5-C parentage proceeding.
2. Whether Family Court was required to hold a hearing after determining that the surrogacy agreements did not satisfy the material requirements of Family Court Act article 5-C.
3. Whether Family Court was required to determine parentage based on the parties' intent while also taking into account the best interests of the children under Family Court Act § 581-407.

Disposition

reversed_and_remanded