The same-sex spouse of a woman who gave birth following artificial insemination has the same common law parental rights as the biological mother or a man whose wife conceives in the same manner, a judge in Rochester has held.
In Wendy v. Erin, 13-13669, the biological mother argued that since her estranged spouse had never adopted the child born during their marriage, and since the Court of Appeals has consistently held that absent an adoption a non-biological partner is not a parent under Domestic Relations Law, the non-biological woman had no parental rights.
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