Woman’s Bid to Assert Same-Sex Parental Rights Fails

April 10, 2009

A woman whose same-sex partner gave birth to a child does not have standing to assert parental rights after the couple broke up, a New York state appeals panel ruled Thursday. The ruling reversed a decision ordering a hearing to determine if the woman's relationship with the 5-year-old boy was tantamount to that of a parent. The panel held that Domestic Relations Law §70 is limited to "biological and adoptive parents," even though a party "may have developed a long-standing, loving and nurturing relationship with the child."