New York’s highest court ruled 7-0 yesterday (May 4) that a non-biological mother is a legal parent and entitled to seek custody and visitation. The New York Court of Appeals based its decision on a Vermont civil union that the non-biological mother and her former partner entered into before the birth of their son.
The Court of Appeals stated, “New York will recognize parentage created by a civil union in Vermont. Our determination that Debra H. is M.R.’s parent allows her to seek visitation and custody at a best-interest hearing. There, she will have to establish facts demonstrating a relationship with M.R. that warrants an award in her favor.” Debra H. v. Janice R., 2010 NY Slip Op 03755.
Debra H. may now go forward in the trial court to seek custody and visitation with her son, as well as to provide him with financial support. A trial judge will ultimately rule on what is in the best interest of the child.
According to the case, Janice R. is the biological mother of M.R., a six-year old boy conceived through artificial insemination and born in December 2003. Janice R. and Debra H. met in 2002 and entered into a civil union in Vermont in November 2003. Janice R. repeatedly refused to let Debra H. become M.R.’s legal parent through adoption. When they separated three years later, Janice R. allowed Debra H. to have supervised visits with M.R. as well as daily phone contact. In the spring of 2008 Janice R. began reducing the visits. By early May 2008, Janice R. completely severed communication between Debra H. and M.R. Almost immediately Debra H. went to court seeking joint legal and physical custody of M.R.
The Court of Appeals decision addresses only the rights of couples who marry or enter civil unions. It does not address the rights of parents in non-legal relationships.