A state appeals court in Brooklyn on Wednesday recognized the “presumption of legitimacy”—that a child born during a marriage is presumed to be the two spouses’ child—for a same-sex married couple that had been fighting to stop a male sperm donor from asserting parental rights to their daughter.
The ruling is the third time in the last five months that a state appeals court has made clear that New York’s family law presumption of legitimacy applies to same-sex couples—just as it does to heterosexual couples.
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