ALBANY (AP) — New York’s top court says a woman whose lesbian partner gave birth following their civil union in Vermont has parental rights, including visitation.
The Court of Appeals, divided 4-3, is upholding its precedent that biological connection or adoption generally establishes those rights under state law.
The woman’s partner was artificially inseminated and the couple separated three years later. Her ex-partner began cutting off contact with the child two years after that.
All seven judges agreed in opinions released Tuesday that she has standing to claim visitation rights in New York based on recognition of other states’ laws.
In another case, the judges say Family Court has authority to determine whether a female ex-partner is a parent and must pay child support.