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CULLITON v. BETH ISRAEL DEACONESS MEDICAL CENTER

435 Mass. 285 (2001)

MARLA CULLITON & another v. BETH ISRAEL DEACONESS MEDICAL CENTER & another.

Supreme Judicial Court of Massachusetts, Essex.

October 12, 2001.

Attorney(s) appearing for the Case

Melissa B. Brisman (Paul J. Klehm with her) for the plaintiffs.

Catherine Mahoney, for Beth Israel Deaconess Medical Center, was present but did not argue.

The following submitted briefs for amici curiae:

Susan L. Crockin & Pauline Quirion for Resolve, Inc. & others.

Robert Nichols for Boston Fertility Society & others.

Thomas F. Reilly, Attorney General, Stephanie S. Lovell, Assistant Attorney General, & Peggy Wiesenberg for Commissioner of the Department of Public Health & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

We transferred this case here on our own motion to decide whether a judge in the Probate and Family Court had authority to act on the plaintiffs' complaint that sought declaratory and injunctive relief by way of a judgment ordering the defendant Beth Israel Deaconess Medical Center (hospital) "to enter MARLA CULLITON as the mother, and STEVEN CULITON as the father[,] on the birth certificates of unborn Baby A and unborn Baby B." The children, twins, were...

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