Tag Archives: ZZ: Debra H. v. Janice R.

Findlaw: “While this ruling is ultimately supportive of lesbian co-parenting rights, it is narrowly drawn to recognize such rights only when the couple involved is part of a formal, recognized relationship such as a civil union or same-sex marriage. In so limiting the protection its ruling afforded, the court rejected an argument for broader recognition of so-called ‘functional parents’ – those who participate in crucial aspects of parenting without the benefit of a formal status vis-à-vis the child’s other parent or the child. Instead, the court reaffirmed its unpopular 1991 ruling in Matter of Alison D. v. Virginia M., in which it held that only a child’s biological or adoptive parent could seek visitation against the wishes of a fit custodial parent.”

CitizenLink: “New York’s Court of Appeals has ruled in two separate cases that the non-biological parent in same-sex relationships should have full parental rights . . . [Tim Tracey], legal counsel with the Alliance Defense Fund, said the cases show that even though same-sex marriage is legal only in a handful of states, the issue is affecting all 50. ‘These relationships are bleeding over into other states,’ he said. ‘There’s a real danger there when these things get into the bloodstream.’”

National Law Journal: “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.”

“New York’s top court says a woman whose lesbian partner gave birth following their civil union in Vermont has parental rights, including visitation.”