Pro Bono News

Visitation Rights Ruling Expands Definition of 'Parent' in New York (NY)

Tuesday, August 30, 2016

"ALBANY - The definition of "parenthood" has been expanded in New York.

The state's highest court ruled Tuesday that the nonmarried, ex-partner of a biological parent may seek custody or visitation rights of children they once agreed to conceive and raise as co-partners with their exes.

The Court of Appeals, in a 6-0 vote, said that given the legalization of same-sex marriages and other societal changes that have upset the notion of "parents" as being a married man and woman, it was time for it to abandon the precedent of its 1991 ruling in Matter of Alison D. v. Virginia M., 77 NY2d 651.

Basing visitation and custody rights chiefly on the biological relationship between adult and child has led to a "needlessly narrow" interpretation of what a "parent" is, Judge Sheila Abdus-Salaam wrote for the court..."

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