Monday, October 14, 2013
From Justia.com, a case summary of Supreme Court of Nevada's recent case St. Mary v. Damon:
After Sha'Kayla St. Mary and Veronica Damon became romantically involved and decided to have a child together, the couple drafted a co-parenting agreement. Using Damon's egg and an anonymous donor's sperm, St. Mary gave birth to a child through in vitro fertilization. After their relationship ended, the parties disputed who had custodial rights over the child. The district court (1) concluded that St. Mary was a mere surrogate and therefore not a parent entitled to any custodial rights, and (2) refused to uphold the parties' co-parenting agreement. The Supreme Court reversed, holding (1) the district court erred in determining that St. Mary was a surrogate lacking any legal rights to parent the child without holding an evidentiary hearing on that issue; and (2) the parties' co-parenting agreement was not void as unlawful or against public policy, and therefore, the district court abused its discretion in deeming the agreement unenforceable.
For the text of the opinion, click here.