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Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05306

A preconception agreement found for the second child; standing under Brooke S.B. reversed

Matter of Kelly C. v Chaya E.

Read the official decision: 2026 NY Slip Op 05306

Holding The Appellate Division reversed the Family Court’s determination that a preconception agreement did not exist for the second child, finding that the record supported the existence of such an agreement at the time of conception. Consequently, the non-biological partner established standing to seek parental access, and the matter was remitted for a best interests hearing.

Why it matters

Clarifies the standard for determining when a preconception agreement terminates in the context of multiple children born from the same donor and relationship.

Reinforces that standing under Matter of Brooke S.B. is a threshold issue distinct from the best interests of the child analysis.

The court’s words

the evidence did not support a determination that the parties' preconception agreement terminated prior to N. E.'s conception

2026 NY Slip Op 05306, at the official text

an inquiry into the best interests of the children was not required to resolve the threshold determination of whether Kelly has standing

2026 NY Slip Op 05306, at the official text

the parties entered into a preconception agreement to conceive and co-parent R. E. and, in effect, that Kelly established standing

2026 NY Slip Op 05306, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05306
Area of lawFamily Law
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05306
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id532

Same court and area in the last 180 days

Recommended citation

ESQ HQ, New York Law Watch, Matter of Kelly C. v Chaya E., 2026 NY Slip Op 05306 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05306/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Featured by Eric McAvey, November 14, 2026.

Published September 16, 2026. Updated November 14, 2026.