New York's highest court has expanded the definition of parenthood, by ruling that former same-sex couples have the right to seek visitation and custody of children even when they are not the biological or adoptive parent. The Court of Appeals decision Tuesday resolves two cases of former same-sex couples in which the biological mothers kept the children and their ex-partners sought legal standing to see them.
In one case, lower courts ruled the ex-partner has no standing. In the other, the ex-partner pays child support and was later granted visitation. The earlier definition of parenthood required a person seeking custody or visitation to have a biological or adoptive connection to the child.
The Court of Appeals ruled that that standard had become "unworkable'' in light of society's "increasingly varied familial relationships.''
The executive director of the Gay Alliance of the Genesee Valley said this is an evolution of the same kinds of parental issues that affect people of any sexual orientation.
“We’ve seen lots of challenges and straight couples going through challenges around divorces and custody battles and things like that," said Scott fearing. "Now it’s come around to our relationships and our relationships have also made them look carefully at, how does one define a parent and the courts have decided to step into that here in New York State."
Fearing believes the action by New York's top court may now influence the discussion in other states.
