<strong><em>Matter of Brooke S.B. v. Elizabeth A.C.C.</em>, 28 N.Y.3d 1 (2016)</em></strong>

A non-biological, non-adoptive parent has standing to seek custody or visitation under Domestic Relations Law § 70 if they can prove by clear and convincing evidence that they agreed with the biological parent to conceive a child and raise the child together as co-parents.

<p><strong>Summary</strong></p>

The New York Court of Appeals overruled its prior decision in <em>Matter of Alison D. v. Virginia M.</em> to address the evolving definition of “parent” in custody and visitation cases. The Court held that a non-biological parent can establish standing to seek custody or visitation if they can demonstrate, by clear and convincing evidence, that there was an agreement with the biological parent to conceive and raise the child as co-parents. The Court emphasized the importance of the child’s best interests and the need to adapt legal principles to reflect contemporary family structures. The Court reversed the Appellate Division’s decision in one case and affirmed in another based on this new standard and the application of judicial estoppel.

<p><strong>Facts</strong></p>

In <em>Brooke S.B.</em>, a same-sex couple decided to have a child through artificial insemination. The non-biological partner, Brooke, was actively involved in the pregnancy and the child’s upbringing. The couple later separated, and Elizabeth, the biological mother, denied Brooke visitation. In <em>Estrellita A.</em>, another same-sex couple also decided to have a child through artificial insemination. After the couple separated, Estrellita sought visitation. In a prior child support proceeding, Jennifer, the biological mother, successfully argued that Estrellita was a parent, thus estopping her from later denying Estrellita’s parental status for visitation.

<p><strong>Procedural History</strong></p>

In <em>Brooke S.B.</em>, the Family Court dismissed Brooke’s petition for lack of standing based on <em>Alison D.</em>. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal. In <em>Estrellita A.</em>, Family Court initially dismissed Estrellita’s visitation petition based on <em>Alison D.</em>. Then, Family Court granted visitation, finding judicial estoppel. The Appellate Division affirmed, and the New York Court of Appeals granted leave to appeal.

<p><strong>Issue(s)</strong></p>

1. Whether a non-biological, non-adoptive parent has standing to seek custody or visitation under Domestic Relations Law § 70.
2. Whether the principle of <em>stare decisis</em> warranted the continued application of <em>Matter of Alison D. v. Virginia M.</em>

<p><strong>Holding</strong></p>

1. Yes, because a non-biological, non-adoptive parent can establish standing to seek custody or visitation if they can prove by clear and convincing evidence that they agreed with the biological parent to conceive a child and raise the child together as co-parents.
2. No, because the Court overruled <em>Alison D.</em>

<p><strong>Court's Reasoning</strong></p>

The Court began by acknowledging that Domestic Relations Law § 70 does not define “parent,” leaving the definition to the courts. The Court reviewed its prior holding in <em>Matter of Alison D.</em>, which had limited standing to biological or adoptive parents to protect the rights of biological parents. However, the Court found that <em>Alison D.</em> was unworkable given evolving family structures and the enactment of same-sex marriage. The Court emphasized that its equitable powers have historically exercised their “inherent equity powers and authority” in order to determine “who is a parent and what will serve a child’s best interests.” The Court found that <em>Alison D.</em> created an inconsistency in the rights and obligations attendant to parenthood, and its foundational premise of heterosexual parenting and non-recognition of same-sex couples was unsustainable. The Court noted, “In the rarest of cases, we may overrule a prior decision if an extraordinary combination of factors undermines the reasoning and practical viability of our prior decision.” The Court then overruled <em>Alison D.</em> and held that a pre-conception agreement to conceive and raise a child as co-parents, if proven by clear and convincing evidence, is sufficient to establish standing. However, the Court declined to establish a test that would apply to every situation, particularly those that did not involve pre-conception agreements.

<strong>Practical Implications</strong></p>

This decision significantly alters the landscape of custody and visitation disputes involving non-biological parents in New York. Attorneys must now analyze these cases under the newly established standard. The ruling broadens the definition of “parent” and grants standing to individuals who were previously excluded. This will require a review of existing family law practices and may lead to increased litigation in this area. Lawyers should advise clients to document pre-conception agreements, which is crucial for establishing standing. The Court’s emphasis on the child’s best interests underscores the continued relevance of this factor in custody and visitation cases.