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Children of a Married Same-Sex Couple
In what is being hailed as a landmark decision, New York's Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage. In re Maria-Irene D., Carlos A., Marco D. v. Han Ming T., 2017 N.Y. App. Div. LEXIS 6713; 2017 NY Slip Op 06716 (1st Dept, 9/28/17).
A Marriage and an Agreement
The case involved a same-sex couple — identified in court papers as Marco D. and Han Ming T. (Ming) — both of whom are British citizens. In 2008, they entered into a civil union in the United Kingdom. Later, when full marriage status for same-sex partners was made legal in the UK, the parties were able to convert their civil union to a marriage. Their civil union was so converted in 2015, and the marriage was deemed by law to have existed since the 2008 date of the couple's civil union.
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