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Same-Sex Unions: Marriage Equality Is Not Here Yet

By Harriet Newman Cohen, Bonnie E. Rabin and Tim James
September 27, 2011

There are many ways in which federal and sister-state laws will affect the rights of same-sex couples married in accordance with New York's new Marriage Equality Act (DRL ' 10-A). Here, discussion continues on what some of those laws mean to New York same-sex married couples and how certain problems created by them may be lessened by careful planning.

Parentage and Custody

New York law provides that, when a married woman is artificially inseminated with the written consent of both spouses, the resulting child is the legal child of the spouse as well. DRL ' 73. (The statute confers legal parenthood in this manner on the “husband” of the inseminated woman, but the newly enacted DRL ' 10-A requires statutes relating to marriage to be read in a gender-neutral manner.)

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