What happens when same sex couples split up and there is a
visitation dispute over the child born during the marriage? The New York courts are
recognizing that children born to same sex couples have two parents. Even
though one parent is not biologically related to the child, since NY recognizes
same sex marriages and permits same sex marriages the non-biological parent
has the same rights as the parent who carried the child.
The presumption of legitimacy of the child born during the marriage applies
and so do the rights to parenting time and the obligation to
support the child. Where both parties have signed the birth certificate the realities of
artificial insemination will not bar the rights of the spouse.
In my opinion, the decision is correct and is the natural consequence of
permitting and recognizing the rights of same sex couples to marry and
divorce. If they can have health insurance as a family and can inherit from each
other as a spouse then they certainly can parent together.