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Strnad v. Strnad

Supreme Court, Trial and Special Term, New York County
Jan 13, 1948
190 Misc. 786 (N.Y. Misc. 1948)

Summary

In Strnad v. Strnad (Sup. Ct. 1948) 190 Misc. 786 [78 N YS.2d 390], the court found that a child conceived through artificial insemination was not illegitimate and granted visitation rights to the husband in a custody proceeding.

Summary of this case from People v. Sorensen

Opinion

January 13, 1948.

Cox Callie for plaintiff.

Frederick J. Raport and Philip Wolfson for defendant.

Irwin H. Rosenberg, special guardian ad litem for Antoinette Strnad, an infant.


The court has assumed, for the purpose of this disposition in the light of the record and the concessions made by the defendant, that the plaintiff was artificially inseminated with the consent of the defendant and that the child is not of the blood of the defendant. Predicated on that assumption the court concludes as follows:

(1) The defendant is entitled to rights of visitation as heretofore allowed, namely, every Sunday between the hours of 11:00 A.M. and 4:00 P.M. and during such visitations the child will be in the custody of the maternal grandmother. The additional evidence offered by plaintiff, such as it is, is not impressive and does not justify any departure from the ruling heretofore made with respect to the rights of visitation. The defendant has not been shown to be an unfit guardian, on the contrary, the evidence convinces me that the best interests of the child call for these modest visitations.

(2) The court holds that the child has been potentially adopted or semi-adopted by the defendant. In any event, insofar as this defendant is concerned and with particular reference to visitation, he is entitled to the same rights as those acquired by a foster parent who has formally adopted a child, if not the same rights as those to which a natural parent under the circumstances would be entitled.

(3) In the opinion of this court, assuming again that plaintiff was artificially inseminated with the consent of the defendant, this child is not an illegitimate child. Indeed, logically and realistically, the situation is no different than that pertaining in the case of a child born out of wedlock who by law is made legitimate upon the marriage of the interested parties.

(4) The court does not pass on the legal consequences insofar as property rights are concerned in a case of this character, nor does the court express an opinion on the propriety of procreation by the medium of artificial insemination. With such matters the court is not here concerned; the latter problem particularly is in the fields of sociology, morality and religion.

Settle findings of fact, conclusion of law and judgment on five days' notice. Appropriate exception to the plaintiff.


Summaries of

Strnad v. Strnad

Supreme Court, Trial and Special Term, New York County
Jan 13, 1948
190 Misc. 786 (N.Y. Misc. 1948)

In Strnad v. Strnad (Sup. Ct. 1948) 190 Misc. 786 [78 N YS.2d 390], the court found that a child conceived through artificial insemination was not illegitimate and granted visitation rights to the husband in a custody proceeding.

Summary of this case from People v. Sorensen

In Strnad v. Strnad, 190 Misc. 786, 78 N.Y.S.2d 390, a child custody case, the court permitted the husband of the mother "modest visitations" on the grounds that the best interests of the child called for them and that the child had been "potentially adopted" or "semi-adopted" by the husband.

Summary of this case from People v. Sorensen

In Strnad v. Strnad, 190 Misc. 786, 78 N.Y.S.2d 390 (Sup.Ct. 1948), the New York court considered a situation where a woman was artificially inseminated by a third-party donor with the consent of her husband.

Summary of this case from C.M. v. C.C
Case details for

Strnad v. Strnad

Case Details

Full title:JULIE STRNAD, Plaintiff, v. ANTOINE STRNAD, Defendant

Court:Supreme Court, Trial and Special Term, New York County

Date published: Jan 13, 1948

Citations

190 Misc. 786 (N.Y. Misc. 1948)
78 N.Y.S.2d 390

Citing Cases

People v. Sorensen

In Gursky v. Gursky (Sup. Ct. 1963) 39 Misc.2d 1083 [242 N.Y.S.2d 406] the court held that the child was…

People v. Sorensen

The People cite three civil cases involving artificial insemination. In Strnad v. Strnad, 190 Misc. 786, 78…