IN RE MARIA-IRENE D., CARLOS A., pet-ap, MARCO D., ap

4526-4526A. IN RE MARIA-IRENE D., CARLOS A., pet-ap, MARCO D., ap — v. HAN MING T., res-res — Magovern & Sclafani, Mineola (Frederick J. Magovern of counsel), for ap — Rumbold & Seidelman, LLP, Bronxville (Nina E. Rumbold of counsel), for res — Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about March 16, 2017, which, to the extent appealed from as limited by the briefs, upon effectively granting reargument, adhered to its prior order, entered on or about December 21, 2016, which had granted respondent's motion to vacate petitioner's adoption of the subject child, unanimously affirmed, without costs. Appeal from order entered on or about December 21, 2016, unanimously dismissed, without costs, as superseded by the appeal from the order granting reargument.

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4526-4526A. IN RE MARIA-IRENE D., CARLOS A., pet-ap, MARCO D., ap — v. HAN MING T., res-res — Magovern & Sclafani, Mineola (Frederick J. Magovern of counsel), for ap — Rumbold & Seidelman, LLP, Bronxville (Nina E. Rumbold of counsel), for res — Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about March 16, 2017, which, to the extent appealed from as limited by the briefs, upon effectively granting reargument, adhered to its prior order, entered on or about December 21, 2016, which had granted respondent’s motion to vacate petitioner’s adoption of the subject child, unanimously affirmed, without costs. Appeal from order entered on or about December 21, 2016, unanimously dismissed, without costs, as superseded by the appeal from the order granting reargument.

Appellant Marco D. and respondent Han Ming T. (Ming), both British citizens, entered a civil union in the United Kingdom (UK) in 2008, which they converted into a legal marriage in 2015, effective as of the date of their civil union. In 2013, the couple jointly executed an egg donor and surrogacy agreement with the intention of becoming parents. Both contributed sperm, and ultimately the embryo fertilized by Marco’s sperm was transferred to the surrogate. The child, named after both Marco’s and Ming’s mothers, was born in September 2014. The couple retained counsel, and commenced a proceeding in Missouri to terminate the egg donor and surrogate’s parental rights to the child. In October 2014, the Missouri court awarded Marco, as the genetic father, “sole and exclusive custody” of the child. Marco, Ming, and the child returned to Florida, where they lived as a family until October 2015, when Ming returned to the UK to seek employment.

IN RE MARIA-IRENE D., CARLOS A., pet-ap, MARCO D., ap

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