In recent years there have been several cases with same-sex partners who seek visitation with children with whom they have no biological connection. One of them, Alison D. v. Virginia M., can be seen here. In essence the State's highest court, the New York Court of Appeals has declined to recognize same-sex partners as parents and thereby denies them legal standing (capacity) to seek a right of visitation.
It is, to be sure, a perplexing position which makes little to no practical sense. Children, after all, do not consider biological attachments. Rather, they are attached to people who are both present and important in their lives. Those roles can be played by relatives other than the parents, and certainly by same-sex partners. Where the courts seek to penalize the lack of biological connection, the also reward the parent with the biological connection with the right to allow and/or encourage the relationship and then withdraw it arbitrarily.
While it remains a bleak outlook for same-sex partners, the law will eventually evolve as more and more people press their interests.
No comments:
Post a Comment