Narrow Reading of "Parent"
Posted By Brian D. Perskin on May 10, 2010 8:02am PDT
In a recent decision by the New York State Court of Appeals, the Court held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York State law.
This decision declined to overturn precedent set by the Court 19 years ago. Although New York Courts have permitted visitation by a gay partner when the child was born of a recognized same sex union in Vermont, here the New York State Court of Appeals held that only biological or adoptive parents can seek visitation and other rights. Civil unions or the like are not recognized in New York.
This decision sets a bright line rule with regard to who may seek parental rights, thereby creating the predictability of parental identity.