Wednesday, October 12, 2016
On August 30, 2016, the New York Court of Appeals issued a landmark decision in In the Matter of Brooke S.B. v. Elizabeth A.C.C. As a result, New York now recognizes that children may have a second parent not related to them by blood, adoption, or marriage.
The Brooke S.B. case involved Brooke and Elizabeth—unmarried partners in a lesbian couple—who were engaged to be married in 2007. In 2008, Elizabeth became pregnant through artificial insemination and gave birth to a baby boy. Brooke had no legal or biological ties to the child, but she maintained a close, parental relationship with him for years, which included giving him her last name and raising him jointly with Elizabeth.
The couple separated in 2010, and in 2013, Elizabeth began restricting Brooke’s contact with the child, so Brooke filed for custody.
Read more here.