NY court rules that both partners in same-sex marriages an be legal ‘parents’

The New York State Court of appeals ruled that the same-sex partner of a child’s biological parent is also a parent legally.

The decision overturns a 25-year precedent that left same-sex couples who had separated out to dry when they sought visitation or custody of their children.

The case of Brooke B. v Elizabeth C. involved a same-sex couple that had a child together using artificial insemination from an anonymous donor. They raised their son together, but separated about a year later in 2010 — a year before New York’s legislature approved marriage equality. In 2013, Elizabeth, the biological parent, cut off contact between Brooke and their son, so she filed for custody and visitation rights. Lower courts denied Brooke’s request based on a 1991 precedent from a nearly identical case called Alison D.

By: Alan

Alan Colmes is the publisher of Liberaland.