Kramer Levin Helps Secure Ruling Establishing Parental Rights for Non-Biological Lesbian and Gay Parents in Civil Unions

In a case in which Kramer Levin represented amicus curiae National Association of Social Workers, the New York Court of Appeals has just ruled that a non-biological lesbian mother should be allowed to seek custody and visitation of her son. In the case, Debra H. v. Janice R., two New York women had entered a civil union in Vermont, raised a son together in New York, and later separated. The biological mother sought to estop the non-biological mother from obtaining custody or visitation of the son, arguing that because the parties were not married, the non-biological mother could not obtain custodial rights. Kramer Levin argued on behalf of the National Association of Social Workers that it is in the child's best interests to preserve the bonds he had formed with his mother to the extent possible under the law.

The New York Court of Appeals ruled that the non-biological mother is the parent of her child by virtue of the parties' entry into a Vermont civil union prior to the child's birth. The Court extended comity to the parental status conferred on Debra H. under Vermont law because of the civil union. All seven judges agreed that the child's birth to a couple in a civil union establishes the non-biological mother's parentage. The case has been remitted to the trial court for a best interests hearing to make a final determination on custody and visitation. This is a tremendous victory for lesbian and gay parents across the state who have been unable to secure legally their relationships with their children. It is an even greater victory for their children. Eve Preminger and Jason M. Moff represented the National Association of Social Workers in the case.