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In a ruling that appears to buttress a landmark decision issued last fall on parental rights for same-sex couples, an upstate New York appeals court has decided that a married lesbian couple holds the “presumption of legitimacy”—which says that a child born during a marriage is presumed to be the two spouses’ child—and that, therefore, a paternity petition launched by the male sperm donor must fail.

A unanimous Appellate Division, Third Department, panel reversed a Chemung County family court judge’s 2015 ruling that denied the lesbian couple’s motion to dismiss the paternity petition while ordering that a genetic paternity test be performed.

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Jason Grant

Jason Grant is a staff writer covering legal stories and cases for the New York Law Journal, the National Law Journal and Law.com, and a former practicing attorney. He's written and reported previously for the New York Times, the Star-Ledger, the L.A. Times and other publications. Contact him at [email protected] On Twitter, pls find him @JasonBarrGrant

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