A woman whose same-sex partner gave birth to a child does not have standing to assert parental rights after the couple broke up, a New York state appeals panel ruled Thursday in an unsigned, unanimous opinion.

The Appellate Division, 1st Department, ruling, Debra H. v. Janice R., 106569/08, reversed a decision by now-retired Justice Harold B. Beeler ordering a hearing to determine if Debra H.'s emotional and financial relationship with the 5-year-old boy, M.R., was tantamount to that of a parent.

Beeler had rejected the contention of the biological mother, Janice R., that the case was controlled by the Court of Appeal's 1991 ruling in Allison D. v. Virginia M., 77 NY2d 651, where former Chief Judge Judith S. Kaye had been the sole dissenter.

In Allison D., the majority had narrowly construed a state law allowing "parents" to assert custodial or visitation rights as being limited to either biological or adoptive parents. ...

The panel found that the record "indicates" that Debra H. had a "loving and caring" parental relationship with the child during the 2 1/2 years the couple lived together after Janice R. gave birth to M.R.

Nonetheless, without having adopted him, the panel concluded that Debra H., as the nonbiological parent, lacked standing to sue for custody and visitation.

Debra H., a management consultant, and Janice R., a solo practicing attorney, began an intimate relationship in early 2002 and started living together about a year later. Through artificial insemination, Janice R. gave birth to a baby boy, M.R., on Dec. 8, 2003.

The couple had registered in New York City as domestic partners and entered into a civil union in Vermont.

Labels: de facto parenting, donor conception

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