Friday, September 3, 2010

NY Court Requires Same Sex Partner to Pay Child Support

From the WSJ blog:

A New York state appellate court ... became the first in the state to rule that a same-sex partner may be liable for child support.

The case of H.M. v. E.T involved a one-time lesbian couple who allegedly agreed to conceive a child through artificial insemination.

But after the baby was born, E.T. — the non-biological parent — ended the relationship. H.M. argued that  she relied on her former partner’s promise of support when she decided to give birth to the child.

H.M. has stated a viable cause action for child support, a New York appellate court ruled. In prior ruling in the state, the court noted, fathers who have denied paternity have still been required to pay child support if they had developed a relationship with a child and had promised to support the child.

“By parity of reasoning, we hold that where the same-sex partner of a child’s biological mother consciously chooses, together with the biological mother, to bring that child into the world through [artificial insemination,] and where the child is conceived in reliance upon the partner’s implied promise to support the child, a cause of action for child support . . .has been sufficiently alleged,” the court ruled.

Read more news coverage here or the opinion here.

AC

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