An upstate appeals court has refused to grant custody and visitation to a woman’s same-sex former partner, saying the petitioner had never married her former partner nor ever adopted her son.

The Appellate Division, Fourth Department, judges said a “bright-line” rule has developed in New York that parentage derives from biology or adoption, but neither was present to substantiate the petition from Brooke Barone in Matter of Barone v. Chapman-Cleland, 14-01034.