New York’s highest court effectively expanded the legal definition of parenthood by ruling Tuesday that gay parents can seek custody and visitation rights for their non-biological children.
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The decision by the New York Court of Appeals gives such individuals legal standing to seek custody or visitation rights.
The court granted her request but also allowed a visitation petition by the child’s non-biological mother, ruling it would be inconsistent to consider the latter a parent only for purposes of paying support. Ultimately, the biological mother sought child support from her ex-partner, which the lower courts granted on the basis that the ex-partner was seen as a parent.
A court in NY has thrown out a definition of parenthood that specified a “biological” connection to a child.
“In light of more recently delineated legal principles, the definition of “parent” established by this Court 25 years ago. has become unworkable when applied to increasingly varied familial relationships”, the court wrote.
Stay on topic – This helps keep the thread focused on the discussion at hand. The court declined to rule on whether non-biological, non-adoptive parents have parenting rights in situations where the couple didn’t decide to conceive a child, but after conception made a decision to raise it together.
NY has been a laggard in expanding the definition of parenthood, as a majority of states already recognize non-biological, non-adoptive parents.
The decision in NY was spurred by two cases, both involving disputes between lesbian couples about the custody of their children following separation.
The case marks a major victory for people, including many in same-sex relationships, who have elected to raise children they are not biologically related to.
Now, people in similar situations will be able to seek visitation or custody.
The ruling came in response to two cases involving lesbian couples who had had a child together before splitting up.
In the new decision, the court noted the 1991 ruling came 20 years before NY allowed gay couples to Wednesday. In one, a woman became pregnant through artificial insemination and, after the relationship deteriorated, cut off her former partner’s contact with the child. In 2009, Brooke’s partner delivered a baby boy, who was given Brooke’s last name and raised jointly by the two women until 2010, when the relationship ended. While the support case was pending, Estrellita filed her own suit, seeking visitation rights.
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Christopher Chimeri, the attorney for the birth mother in the second case, said that while his client is personally disappointed, she accepts the decision.
