Brooke S.B. v Elizabeth A.C.C.

At issue before the Court of Appeals in these two consolidated cases was the continued validity of the rule promulgated in Alison D. v. Virginia M., which states that, in an unmarried couple, a partner without a biological or adoptive relation to a child is not that child’s parent for purposes of standing to seek visitation or custody under N.Y. Dom. Rel. Law 70(a), despite their “established relationship with the child.” The Court of Appeals overruled Alison D., holding that, where a non-biologiccal, non-adoptive partner shows by clear and convincing evidence that he or she has agreed with the biological parent or the child to conceive a child and to raise the child as co-parents, the partner has standing to seek visitation and custody under section 70. View "Brooke S.B. v Elizabeth A.C.C." on Justia Law