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.

Read More

Modern Family? No Problem, Say the New York Courts

If the twenty-first century has made anything clear, it’s that no two families are alike.  Couples are creating multiracial families by adopting from different countries.  Same-sex spouses are rearing biological children as a result of innovative procedures like artificial insemination and surrogacy.  Couples are choosing to raise children in committed partnerships rather than marriages.  Today, the family unit ranges from single-parent households to families with three or more parents.  With the constantly evolving social landscape, courts are breaking from custom and proving to be more accepting of “unconventional” families. 

Read More