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Foreign Civil Unions

The matter of Debra H. and Janice R., 14 NY3d 576, decided by the Court of Appeals on May 4, 2010, has dramatically changed the laws on parenthood as we know them in New York State.

The Court of Appeals' prior seminal decision on the subject, Alison D. v. Virginia M., 77 NY2d 661 (1991), had held that only a child's biological or adoptive parent has standing to seek visitation against the wishes of the child's fit biological parent. In Alison D., the Court of Appeals held that it is the child's mother and father who have the right to the care and custody of their child. To allow a third-party visitation would impair a parent's rights to custody and control. Thus, the petitioner, Allison D., had no standing to petition the courts for visitation, as such a right would displace that of a parent to decide what is in his or her child's best interest.

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