N.Y. Court Affirms Gay Parental Rights

By Advocate.com Editors

The New York court of appeals has ruled in two separate cases that nonbiological parents of children raised in same-sex relationship have rights similar to those of biological parents.

The New York Times reports that in one case, the court ruled that a woman has the right to seek child support from her former partner, even though she is not the biological parent. In the other, a woman who entered into a civil union with her partner in Vermont can apply for visitation rights for her nonbiological child following the couple's split.

The court did not go further in defining parental rights for nonbiological parents in same-sex relationships, however.

“It is a narrow victory that will help the children of couples who marry or enter civil unions, but it will not help the children of parents who don’t,” said American University law professor Nancy Polikoff.