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Who Is a Parent?

By Janice G. Inman

Part Two of a Two-Part Article

In last month's newsletter, we looked at two recent cases in which New York courts determined that non-biological/non-adoptive parents could or could not seek ongoing relationships with their former romantic partners' children. In one, the Appellate Division, Second Department, concluded that a woman could seek to prove that her former same-sex partner should help support the child the petitioner conceived through artificial insemination, allegedly because the respondent had assured the petitioner that she would help to raise the child. Matter of H.M. v. E.T., — N.Y.S.2d —-, 2010 WL 3023919 (2d Dept, 8/3/10) (Fisher, J.P., Covello, Angiolillo, Balkin and Chambers, J.J.). In the other, Supreme Court, Orange County, denied a man's request to be declared the father of children that his former girlfriend adopted during their relationship, saying he was a “legal stranger” to the children without standing to petition for paternity. Matter of P. v. B., NYLJ 1202464236647, (Sup. Ct., Orange Cty. 7/28/10) (Kiedaisch, J.).

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