Lesbian’s bid to assert parental rights fails in New York. Domestic Relations Law found limited to biological, adoptive parents.

Daniel Wise, from New York Law Journal posted a report at Law.com about a N.Y. Domestic Relations Law that limits custody rights strictly to biological and adoptive parents.

A woman whose same-sex partner gave birth to a child does not have standing to assert parental rights after the couple broke up, a New York state appeals panel ruled Thursday in an unsigned, unanimous opinion.

The Appellate Division, 1st Department, ruling, Debra H. v. Janice R., 106569/08, reversed a decision by now-retired Justice Harold B. Beeler ordering a hearing to determine if Debra H.’s emotional and financial relationship with the 5-year-old boy, M.R., was tantamount to that of a parent.

Without having adopted him, the panel concluded that Debra H., as the nonbiological parent, lacked standing to sue for custody and visitation.

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