A New York state appeals court has ruled that a lesbian whose partner gave birth to a boy after their Vermont civil union has no parental rights because she never legally adopted the child.
The Appellate Division denied the petition by Debra H. for joint legal and physical custody after she and Janice R. broke up.
The court said Debra H. lacked parental rights although the now-5-year-old boy was born a month after the Vermont civil union and two months after the women registered as domestic partners in New York City.
Debra H.'s lawyer Bonnie Rabin said the child thinks of her client as one of his mothers and seeing her is in his best interest. Rabin said she intends to appeal.