Nolan v. LaBree, Docket No. PEN–11–393.
Decision Date | 03 May 2012 |
Docket Number | Docket No. PEN–11–393. |
Citation | 52 A.3d 923,2012 ME 61 |
Parties | Robert NOLAN et al. v. Kristen LaBREE et al. |
Court | Maine Supreme Court |
OPINION TEXT STARTS HERE
Christopher M. Berry, Esq. (orally), and Judith M. Berry, Esq., The Law Office of Judith Berry, Gorham, on the briefs, for appellants Robert and Celia Nolan.
Charles W. Hodsdon II, Esq., Bangor, on the briefs, for appellees Kristen and Jeffrey LaBree.
Patricia A. Peard, Esq., and Kai W. McGintee, Esq., Bernstein, Shur, Sawyer, & Nelson; Mary L. Bonauto, Gay & Lesbian Advocates & Defenders, Boston, Massachusetts; and Donald C. Cofsky, Esq., and Judith Sperling–Newton, Esq., American Academy of Reproductive Technology Attorneys, Washington, District of Columbia, for amici curiae American Society for Reproductive Medicine, American Academy of Assisted Reproductive Technology Attorneys, RESOLVE: The National Infertility Association, American Fertility Association, New England Fertility Society, Reproductive Science Center of New England, Boston IVF, and Society, on the briefs, for Assisted Reproductive Technology.
William J. Schneider, Attorney General, and Justin B. Barnard, Asst. Atty. Gen., Office of the Attorney General, Augusta, on the briefs, for amicus curiae Attorney General.
Catherine R. Connors, Esq., Nolan L. Reichl, Esq., and Kyle N. Kirby, Esq., Pierce Atwood LLP, Portland, on the briefs, for amicus curiae Concerned Maine Attorneys.
John C. Sheldon, Esq., Westbrook, on the briefs, amicus curiae pro se.
Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.
[¶ 1] Robert Nolan and Celia Nolan appeal from a judgment of the District Court (Bangor, Gunther, J.) declaring Robert to be the father and Celia to be the de facto mother of a child. The child is genetically related to Robert and Celia but was born to Kristen LaBree, a gestational carrier. The Nolans contend that the court erred in refusing to declare the maternity of Celia. Kristen and her husband, Jeffrey LaBree, join the Nolans in their argument. We hold that the District Court erred in concluding that it lacked statutory authority to declare maternity and vacate the judgment accordingly.
[¶ 2] Kristen LaBree gave birth to a child on December 9, 2010.1 Neither Kristen nor her husband, Jeffrey LaBree, is genetically related to the child. Approximately nine months before the birth, a zygote created through the in vitro fertilization of Celia Nolan's egg cell with sperm from her husband, Robert Nolan, was implanted in Kristen. Despite these facts, accepted by all parties, a birth certificate listing the LaBrees as the child's parents was filed with the Department of Health and Human Services.
[¶ 3] On the day the child was born, the Nolans filed a complaint in the District Court in Bangor that requested that the court “order” that they were the parents of the child. Following a testimonial, uncontested hearing, the trial court determined that Robert Nolan is the father of the child and declared his paternity, but declined to declare Celia's maternity, holding that there was no statutory authority for such a determination. The court did declare that Celia Nolan is the de facto mother of the child and awarded sole parental rights and responsibilities to the Nolans. The Nolans timely appealed.
[¶ 4] Title 19–A M.R.S. § 1553 (2011) provides the District Court with clear statutory authority to declare legal paternity, and the court recognized that authority in granting Robert the relief that he requested. In addition, 19–A M.R.S. § 1556 (2011) provides a statutory basis for the District Court to declare “parentage,” 2 a term that includes both paternity and maternity. We must presume that the Legislature's use of the gender-neutral word “parentage,” see P.L.1999, ch. 704, § 1, was intentional, see Russell v. ExpressJet Airlines, Inc., 2011 ME 123, ¶ 16, 32 A.3d 1030 ( ). Although this section appears within the “Uniform Act on Paternity,” 19–A M.R.S. §§ 1551– 1570 (2011), the titles of chapters and sections are not legal provisions. See1 M.R.S. § 71(10) (2011). Based on this statute, therefore, the District Court did have authority to declare the maternity of Celia Nolan.
[¶ 5] In the context of an undisputed case like this one, when individuals—here, the genetic parents—seek a judgment declaring their legal parentage, and the other parties—the gestational carrier and her husband—have specifically asserted that they do not wish to be recognized as the child's parents, the court is authorized to determine that the individuals are the parents of the child and thereby that the gestational carrier and her husband are not the parents of the child. There is no need for additional proceedings.3Cf. Raftopol v. Ramey, 299 Conn. 681, 12 A.3d 783, 787–791 (2011) ( ). The combined effect of declaring Celia Nolan to be the mother and Robert Nolan to be the father of the child will be that the LaBrees are not the...
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