The “Matter of Baby D.K.N.” case has set a new precedent for families built through assisted reproduction in New York and beyond. Decided in September of 2025 by Judge Caroline Piela Cohen of the Supreme Court of Kings County, NY, this case of first impression follows three parents that conceived a child through assisted reproductive technology (ART) with the intention to all be the legal parents of the child. Intended parent E.D. provided the egg for conception of the child, R.N., provided the sperm, and E.K., gestated the pregnancy and gave birth to the child. The three parents desired to all be recognized as the legal parents of the child and to be named as parents on the child’s birth certificate. The outcome of this case creates a path for non-traditional families to have more than two legally recognized parents for a child conceived through assisted reproduction based in New York Family Court Act Article 5-C.
Original Arguments
The petitioners (E.D., R.N., and E.K.) all wanted to be recognized as legal parents of the child that they planned for and conceived together. After consulting a New York assisted reproduction lawyer, it was determined that Article 5-C does not include any language that specifies a maximum number of intended parents for children conceived through the process of ART, and contains an intent-based definition of the term “intended parent”. The parties filed a petition seeking a declaration of their legal parentage, but the initial petition was declined due to § 581-202(c) containing language that discusses a “singular non-gestating intended parent”.
Fighting Back
However, language from § 581-202(f) directed the court’s attention to § 581-303, which states that anyone “who provides gametes for, or who consents to, assisted reproduction with the intent to be a parent of the child with the consent of the gestating parent” is considered a parent in all legal definitions. Additionally, the petitioners had three cases to support them: Matter of Brooke S.B. (2016), Dawn M. v. Michael M. (2017), and Matter of David S. v. Samantha G. (2018)
The petitioners’ New York assisted reproduction lawyer and co-counsel argued that these three cases demonstrate that New York Courts are increasingly supportive of non-traditional families. The 2016 case contained a footnote that “the plain language of Domestic Relations Law § 70 clearly limits a child to two parents, and no more than two, at any given time”. However, the 2017 case resulted in the court not making specific language for the determination of the maximum number of parents or visitors a child could have. Additionally, the case granted “tri-custody” to the plaintiff after the court determined it was in the child’s best interests. Finally, the 2018 case revisited Dom. Rel. Law § 70. As a result, the precedent of following the child’s best interests was codified with the language: “the statute must be read to effectuate the welfare and best interests of children, particularly those who are being raised in a nontraditional family structure.”
Future Family Law Implications
This ruling sets a landmark precedent under New York Family law, by fully granting legal parentage to three intended parents who all demonstrated their intention to be the legal parents of the child at the time of the child’s conception. This court decision sets precedent that can be applied to future cases for parental recognition as modern families grow and evolve beyond two recognized legal parents. For people who are considering a nontraditional family unit, the work by Oleaga Law LLC has resulted in a clear path forward in New York. If you are considering building your family beyond the two parent paradigm, contact us today.
