Nolan v. LaBreeAnnotate this Case
Kristen LaBree gave birth to a child. Neither Kristen nor her husband, Jeffrey LaBree, was genetically related to the child. Nine month before the birth, a zygote created through the in vitro fertilization of Celia Nolan's egg cell with sperm from her husband, Robert Nolan, was implanted in Kristen. The day the child was born, the Nolans requested that the district court order that they were the parents of the child. The trial court determined that Robert was the father of the child and declared his paternity but declined to declare Celia's maternity, holding that there was no statutory authority for such a determination. The court did declare that Celia was the de facto mother of the child and awarded sole parental rights and responsibilities to the Nolans. The Nolans appealed, and the LaBrees joined the Nolans in their argument. The Supreme Court vacated the judgment of the district court, holding that the court erred in concluding that it lacked statutory authority to declare maternity.