In the Matter of the Appeal of A.M.
Civil Liberties Union
This case involves the issue of whether, after a lesbian couple separates, one of the mothers can be prevented from having standing to pursue visitation or custody of her child because she is not the biological or adoptive mother of the child. The former couple in this case had entered a civil union in Vermont before the child was born. In November 2009, the NYCLU and ACLU filed an amicus brief on behalf of themselves and the NYC LGBT Community Center, arguing in favor of granting the non-biological, non-adoptive mother standing to pursue visitation or custody. On May 4, 2010, the New York State Court of Appeals ruled that New York law recognizes parentage created by a Vermont civil union, giving Debra H. standing to seek visitation and custody rights.
N.Y. Court of Appeals, Index. No. 106569-08 (amicus)