Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Appeals Court Rulings Expand Gay Parents' Rights
By
Jaya Saxena
Published May 5, 2010
Modified May 5, 2010
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Jaya Saxena
Published May 5, 2010
Modified May 5, 2010
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
The New York State Court of Appeals ruled in two cases yesterday that same-sex parents have similar rights as biological parents—even if there was no official adoption. The first case ruled 4-3 that a woman has the right to seek child support from her former partner, even though she is not the child's biological parent. The second case, Debra H. v. Janice R., ruled 7-0 that a nonbiological parent should have visitation rights with the child.
According to the case [PDF], Janice R. was already pregnant through artificial insemination when she and Debra H. entered into a civil union in Vermont in 2003, but Janice R. refused to let Debra H. become her son's legal parent through adoption. Once they separated three years later, Janice R. allowed Debra H. to visit her son a few times a week, but then began scaling back visits and phone contact. Debra H. went to court once contact to Janice R.'s son had been completely severed.
Though the court eventually recognized Debra H.'s rights as a parent because of the civil union, the decision does not address the rights of parents in non-legal relationships. Law professor Nancy Polikoff told the Times, "It is a narrow victory that will help the children of couples who marry or enter civil unions, but it will not help the children of parents who don’t." The court also limited the rulings to leave it up to state legislature to decide whether to grant same-sex parents with full biological rights, which may not go so well in a state that's already voted down same-sex marriage.
Tagged
civil rights
gay parents
new york state court of appeals
nonbiological parents
parents rights
Jaya Saxena
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Woman dies after tumbling from a moving SUV on the BQE near the Brooklyn Bridge
Police say the woman fell after opening the car’s rear door on the BQE.
By
Michael Sol Warren
Published Nov 8, 2026 at 9:16 a.m. ET
Mamdani expands free produce programs for New Yorkers on SNAP
Another program offering cash back for purchasing fruits and vegetables will get more funding.
By
Karen Yi
News
Mamdani expands free produce programs for New Yorkers on SNAP
Another program offering cash back for purchasing fruits and vegetables will get more funding.
By
Karen Yi
Federal judge rules Mamdani administration must give ICE names of Bronx shelter residents
By
Willow Higgins
NYPD arrests and charges city schools employee in murder of Brooklyn jogger
By
Kaya Laterman
Work is underway to replace deteriorating Newark Bay Bridge, a major NY-NJ route
By
Michael Sol Warren
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .