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An 'Extra Parent': NY Law Can Accommodate That Situation
In today's world of shifting family roles and scientific changes in even how a child comes into the world, the question of who is a “parent” can get murky. We have seen surrogate mothers seek custody of children they carried for couples who provided their own egg and sperm; same-sex co-parents fight for visitation rights with children with whom they have no biological or adoptive connection; and grandparents argue that they are the “real” parent to a child whose biological parent might have been mentally or physically absent for much of a child's life. Now comes a new twist: the question of custody of a child born after three people decided they wanted to have a child. The case, Dawn M. v. Michael M., 2017 N.Y. Misc. LEXIS 807, *; 2017 NY Slip Op 27073 (Sup. Ct., Suffolk Cty., 3/8/17), presented a unique question to a New York court, but one that just might be repeated — in some form or another — in future cases.
In Dawn M. v. Michael M., Suffolk County, New York, Supreme Court Judge H. Patrick Leis III, granted shared custody of a child — identified in this action as J.M. — to a woman not related to him by blood, even though he already had two biological parents who shared custody. The plaintiff had been married to the biological father at the time the child was conceived, but this was not a simple case of an affair that produced a child outside of a marriage.
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