Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Same-Sex Spouses Cannot Bar Paternity Suit, Says Court

By Joel Stashenko
November 30, 2014

Monroe County Family Court Judge Joan Kohout handed a lesbian couple a disappointing decision when she determined that a married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage. Judge Kohout said that while state Domestic Relations Law prohibits discrimination against same-sex married couples, it does not require the court to “ignore the obvious biological differences between husbands and wives.”

No Presumption of Legitimacy for Same-Sex Partners' Child

As described in the ruling, the biological mother, Ms. C., met Ms. S. in 2008, and they moved in together in 2009. They were married on Nov. 22, 2010. During the women's marriage, Ms. C. was also conducting an on-again, off-again sexual relationship with petitioner Mr. M. The baby girl J.C. was born in March 2013. Mr. M. saw the child two times after her birth, but was not allowed visits with his daughter after November 2013. Ms. C. testified that she was not artificially inseminated and said that the only male with whom she had sex was the father. She acknowledged that Mr. M is J.C.'s biological father.

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.