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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
January 31, 2014

Remains of Fetus Belong to the Mother

In an unusual case, acting Supreme Court Justice W. Dennis Duggan has declared that the cremated remains of a stillborn fetus belong solely to its mother, the biological father having no parental rights until after the birth of a viable child; therefore, the mother's husband was not entitled to obtain half of the ashes as a marital property distribution. Jackson v. Jackson, 2013 N.Y. Misc. LEXIS 6047 (Sup. Ct., Albany Cty. 12/30/13) (Duggan, F.C.J.).

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