On September 28, 2017, a unanimous five-judge panel of the N.Y. Appellate Division, First Department, held that New York County Family Court Judge Stewart H. Weinstein had properly granted a motion by Han Ming T., the husband of Marco D., to vacate a May 2016 order that had granted an adoption petition by Carlos A., Marco’s boyfriend, to adopt a child conceived through gestational surrogacy using Marco’s sperm at a time when Marco and Han … <Read More>
comity
N.Y. Appellate Division Approves Comity for California Parentage Rights of Lesbian Co-Parent
The New York Appellate Division, Second Department, an intermediate appellate court based in Brooklyn, issued a unanimous ruling on April 6 affirming a decision by Suffolk County Family Court Judge Deborah Poulos recognizing the parental status of a lesbian co-parent, now resident in Arizona, who is seeking visitation with two children who were conceived through donor insemination while she was legally partnered with their birth mother, first as a California domestic partner and then as … <Read More>
New York Trial Court Holds New York Property Acquired During a Vermont Civil Union is Not Subject to Equitable Distribution in New York Dissolution Proceeding
In a rather complicated opinion, New York Supreme Court Justice Richard A. Dollinger ruled on October 23 that New York property acquired by Deborah O’Reilly-Morshead during her Vermont Civil Union with Christine O’Reilly-Morshead is not subject to equitable distribution under New York law in the current divorce proceeding between the women, who married in Canada after the property was acquired. O’Reilly-Morshead v. O’Reilly-Morshead, 2015 N.Y. Misc. LEXIS 3843, 2015 NY Slip Op 25354 (Supreme … <Read More>