Since the disgraceful case of Alison D. almost 20 years ago, New York courts have closed their doors to nonbiological mothers seeking visitation rights with their child after the couple splits up. Doesn't matter if the child knows she has two moms; New York law says she doesn't. The only exception is when the nonbio mom completes a second-parent adoption. Of course that's the best protection for all gay families, but it costs lots of money and takes time, so many couples don't do it.
Well, now comes the flip side of this dreadful approach to our families. A New York appeals court has held that a nonbio mom cannot be required to pay child support. In H.M. v. E.T., the couple had a child when H.M. became pregnant using unknown donor insemination. After the couple split up, H.M. filed for child support. The court ruling, which incurred a strong dissent, said that the court could only hear paternity cases, not those involving determinations of maternity.