Anthony Raftopol v. Karma A. Ramey

Summary

The court held that the Superior Court had subject matter jurisdiction to declare a nonbiological intended parent a legal parent under a valid gestational agreement and to order a replacement birth certificate. It further held that the gestational carrier had no parental rights requiring termination and that the governing statute creates an additional path to legal parentage without adoption. The court affirmed because denying parentage to nonbiological intended parents could leave a child legally parentless, an absurd result inconsistent with legislative intent. Justice Zarella, joined by Justice Vertefeuille, concurred in the result but would have found the statute unambiguous and criticized the majority's use of legislative history and extensive legislative guidance.