Who’s A Parent? The Appellate Division Is Divided on the Answer

Question: How many parents can one child have? Currently, the answer depends on where in New York your family is being created. The Appellate Division appears to be of several minds on the matter – the Fourth Department recently ruled that there can only be two parents – no matter what – but other Departments have disagreed, authorizing and approving “tri-parentage” arrangements wherein three adults have been deemed legal parents of a child. This has created a split within the Appellate Division, resulting in the application of different standards depending on where in New York you are filing your petition.

With the recent passage of the Child-Parent Security Act (CPSA), New Yorkers now have more family formation options available to them than ever before. And with the creation of streamlined proceedings for establishing parentage for children born through assisted reproduction, the CPSA has made it easier than ever for New York families (especially LGBTQ families) to protect and secure their parental status. With the paradigm shifting from a focus on biology to a focus on parental intent, parents are able to build their families how they want to.

Without question, two men can now both be parents to a child, as can two women. But what about two men and a woman? Or two women and a man? Under what circumstances, if any, can a child have more than two legal parents?

To read the full article go to: https://nysba.org/whos-a-parent-the-appellate-division-is-divided-on-the-answer/