32 N.Y.3d 1 (2018)

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

Summary

The New York Court of Appeals overruled its prior decision in Matter of Alison D. v. Virginia M., which held that only biological or adoptive parents had standing to seek custody or visitation rights. The court consolidated two cases, Matter of Brooke S.B. v. Elizabeth A.C.C. and Matter of Estrellita A. v. Jennifer L.D., where same-sex partners sought custody or visitation of children to whom they were not biologically related. The Court of Appeals held that the definition of “parent” in Domestic Relations Law § 70 should be expanded. Now a non-biological or non-adoptive parent can obtain standing if they can prove, by clear and convincing evidence, the existence of an agreement with the biological parent to conceive and raise a child as co-parents.

Facts

Matter of Brooke S.B. v. Elizabeth A.C.C.: The parties, a same-sex couple, jointly decided to have a child. The respondent became pregnant through artificial insemination. The petitioner was actively involved during the pregnancy, birth, and subsequent upbringing of the child. After the relationship ended, the respondent terminated the petitioner’s contact with the child. The petitioner sought joint custody and visitation. The Family Court dismissed the petition, citing Alison D.

Matter of Estrellita A. v. Jennifer L.D.: The parties, a same-sex couple, agreed to have a child. The respondent bore the child through artificial insemination. The petitioner participated actively in the child’s life. After the relationship ended, the petitioner sought visitation. The respondent initially obtained child support from the petitioner, arguing that the petitioner was a parent. Then, the respondent moved to dismiss the visitation petition, citing Alison D. The Family Court denied the motion, applying the doctrine of judicial estoppel based on the prior child support determination.

Procedural History

Brooke S.B.: The Family Court dismissed the petition for lack of standing, relying on Alison D. The Appellate Division unanimously affirmed. The Court of Appeals granted leave to appeal.

Estrellita A.: The Family Court denied the respondent’s motion to dismiss, finding judicial estoppel. The Appellate Division affirmed, also finding judicial estoppel. The Court of Appeals granted leave to appeal.

Issue(s)

1. Whether a non-biological, non-adoptive parent has standing to seek custody or visitation under Domestic Relations Law § 70.

2. Whether the ruling in Alison D. should be overruled.

Holding

1. Yes, a non-biological, non-adoptive parent can obtain standing if there was a pre-conception agreement to conceive and raise the child as co-parents.

2. Yes, the court overruled Alison D.

Court’s Reasoning

The Court acknowledged that its prior decision in Alison D., which limited standing to biological or adoptive parents, was no longer workable due to evolving family structures and legal recognition of same-sex relationships. The court cited the need to consider the best interests of the child, who could suffer from being separated from a primary attachment figure, and the inequity created by Alison D., especially in light of the enactment of same-sex marriage. The Court emphasized the historic use of equity powers. The Court reasoned that the narrow definition of “parent” in Alison D. was inconsistent with the state’s broader equitable powers to ensure that custody and visitation matters served the best interests of the child. The court found that Alison D.’s “bright-line” rule had led to unfair outcomes for children in non-traditional families. The court also held that the right to marry provides benefits not only for same-sex couples, but also the children being raised by those couples.

The Court held that a non-biological, non-adoptive parent may obtain standing to petition for custody or visitation under Domestic Relations Law § 70 (a) if they prove by clear and convincing evidence an agreement with the biological parent to conceive and raise the child as co-parents. This is a “narrow” and carefully constructed approach. The court declined to adopt a functional test for all situations.

Practical Implications

Attorneys handling custody and visitation cases should now assess whether the parties had a pre-conception agreement to conceive and raise the child. This case broadens the class of individuals who can seek custody or visitation, particularly in same-sex and unmarried couple situations. Legal practice in this area must now consider these factors, in determining standing under Domestic Relations Law § 70. The real-world impact of this decision is to make access to courts more equitable and to provide increased stability and potential parental figures to children.

This ruling creates a significant shift in the approach to standing in custody and visitation cases and underscores the importance of pre-conception planning and agreements for prospective parents.