Parenting in New York is not only biological now

2 moms

The court in New York decided to throw away the biological definition of parenting issuing a landmark ruling overturning the 1991 Alison D. v. Virginia M decision that defined a parent as someone with “biological or adoptive” connections to a child.

The decision was made after a case when one of the divorced lesbians was legally fighting for the right to be with a child she is not biologically related to. Judge Sheila Abdus-Salaam wrote: “We agree that, in light of more recently delineated legal principles, the definition of ‘parent’ established by this Court 25 years ago in Alison D. has become unworkable when applied to increasingly varied familial relationships. Accordingly, today, we overrule Alison D. and hold that where a partner shows by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing to seek visitation and custody.”

According to this decision biological relation is put aside if it is in interest of the child to be with a non-biological parent


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