U.S. District Judge Mae A. D’Agostino has rejected a Christian social welfare agency’s bid to be exempted from complying with non-discrimination regulations promulgated by the New York Office of Children and Family Services (OCFS). Ruling on May 16 in New Hope Family Services, Inc. v. Poole, 2019 WL 2138355, 2019 U.S. Dist. LEXIS 2138355 (N.D.N.Y.), the court rejected a variety of constitutional arguments advances by the plaintiff in support of its claim of a … <Read More>
New York Marriage Equality Law
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 Judge: Lesbian Spouse of Bio Mom is a Mother of Their Child Conceived Through Donor Insemination
This one would seem to be a no-brainer, but surprisingly the issue is not entirely clear even as we near the third anniversary of New York State’s Marriage Equality Law, which says that same-sex marriages and different-sex marriages are supposed to be treated equally for all purposes under New York Law. What happens if two women marry, decide to have a child through donor insemination, and then have a parting of the ways shortly after … <Read More>