ALBANY, N.Y. — The New York State Court of Appeals on Aug. 30 ruled non-biological parents can seek custody and visitation rights.
The ruling came in the case of a lesbian who sought parental rights for the child that she was raising with her then-partner. The couple had planned to get married, but they separated before New York’s same-sex marriage law took effect in 2011.
Lambda Legal and the LGBT Bar Association of Greater New York represented the plaintiff — known as Brooke B. — in the case.
“We are extremely gratified that Brooke will finally have her day in court to establish that she is the parent of the son she cherishes,” said Susan Sommer, national director of constitutional litigation at Lambda Legal, in a statement. “We are eager for them to be reunited as soon as possible.”