A Key Step Forward for Parental Rights in Modern Families

New York courts are continuing to prove that they are dedicated to protecting the rights of the LGBT community.  In an important recent case, the Appellate Division applied the “presumption of legitimacy”—the concept that a child born during a marriage is the legitimate child of the couple—to married same-sex partners.  Applying the presumption of legitimacy—which comes along with key parental rights and protections—was especially enlightened in the circumstances of this case, where the child was not a DNA match to both parents.  For many LGBT families, the decision reflects a critical step forward in establishing the non-biological parent’s rights.

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