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Court Decides Parental Rights for Same Sex Couple


Two female partners, jointly entered into a sperm donation agreement with the sperm donor. In the agreement, both were described as “recipient,” “mother” and “co-parent” from what a New York Family Lawyer found out. The agreement had removed all the rights of the sperm donor with the rearing of the child and that the co-parents will be the one responsible for any decision regarding the child. The agreement also had a provision that if in case, the mother of any of the child or children can no longer take care of them because she was deceased or legally disabled, it is in the child’s best interest to be with the co-parent.

A Nassau County Family Lawyer said that in the agreement, the mother is the one who conceives and gives birth to the child. The recipient is the one who receives the sperm. The co-parent is the one who agreed to be the parent of the child but did not give birth to them. The two women were to be “psychological parents” to any child or children whom they may have.

One gave birth to a child as a result of the sperm donation. The two signed another agreement, which said that it was a joint decision to conceive. They agreed to both share in the financial responsibility of raising the child as well as equally share in providing for the child until it reaches the age of maturity. Even if one was not a natural parent, she has assumed the role as one. She was part of the pre-natal phases and plans to be part of the child’s life as a parent. A Nassau County Child Support Lawyer read that even if they no longer live together, the agreement as to how to take care of the child will remain intact. The gave each other authority to make decisions regarding the child’s medical and dental health.

A second child was born to another sperm donation agreement, and with this child aside from the provisions that were the same with the elder child, the non-maternal partner was given all the authority with the second child’s medical and dental health. They had a domestic partnership affidavit executed so the children will be covered by the non-maternal partner’s health insurance. A Nassau County Order for Protection Lawyer said the two separated in May 2004 and the last time the non-maternal partner was able to speak with the children was June 3, 2004 over the phone. The non-maternal parent sued the other for breach of contract, but the court said she cannot have visitation as she is not a parent. The Court of Appeals affirmed this decision as the law does not support de-facto parents’ rights.

It does not matter if the child was created naturally or not the parents are still the ones who are to decide for them. The child’s best interest is the main concern for any child visitation case. The parents are deemed to be the primary people responsible for them, and the court is not to interfere if there is no significant reason to think that a child may be harmed.

If you are a parent trying to have access to your child, and you want to make sure your right to have a say in their nurturing is protected, you have options. Stephen Bilkis and Associates will provide you the information to determine where you should go and how you can do this. We are at Queens, the Bronx, Brooklyn, Staten Island, and Manhattan, in New York. In Long Island, our offices are at Suffolk County and Nassau County, as well as in Westchester County. Call us today at 1-800-NY-NY-LAW for a free consultation. We will provide you with the legal assistance that you need

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