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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.

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