This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 ). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the fact that there was no biological connection between one of the parents and the child. This case discussed the rule that with an unmarried couple, a partner without a biological connection to a child is not considered the child’s parent in terms of standing to bring an action for custody or visitation due to the Domestic Relations Law sec. 70, 77 NY 2d 655). The Petitioners in this case ask for custody and visitation of the child. This court agrees that the rule that has been used through the years regarding this issue is no longer workable.
The parties entered into a romantic relationship and moved in with each other. In 2007, the Petition and Respondent registered as partners and later decided to have a child through artificial insemination. In February of 2008, the Respondent became pregnant. The Respondent had a child, and the Petitioner was there to support the Respondent in every way. The next several years were spent raising the child. But in 2012, they unfortunately decided to end their relationship.
In October of 2012, they began an action seeking child support from the Petitioner. The Petitioner denied any liability in the matter, and also countersued for visitation.