Declining to overrule a 19-year-old precedent, the New York Court of Appeals narrowly held Tuesday that a same-sex partner who has not adopted her partner’s biological child cannot assert visitation rights under New York law.
That conclusion came in Debra H. v. Janice R. (pdf), 47, an opinion in which the court also cleared the way for a lesbian to seek visitation with a non-adoptive child born to her former partner in a Vermont civil union, but only because the doctrine of comity requires New York to defer to the law of Vermont, which recognizes her as a parent.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]