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Family Law Litigation

Children of a Married Same-Sex Couple

The Presumption of Legitimacy

In what is being hailed as a landmark decision, New York's Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage.

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In what is being hailed as a landmark decision, New York’s Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage. In re Maria-Irene D., Carlos A., Marco D. v. Han Ming T., 2017 N.Y. App. Div. LEXIS 6713; 2017 NY Slip Op 06716 (1st Dept, 9/28/17).

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