The New York State Court of Appeals ruled in two cases yesterday that same-sex parents have similar rights as biological parents—even if there was no official adoption. The first case ruled 4-3 that a woman has the right to seek child support from her former partner, even though she is not the child's biological parent. The second case, Debra H. v. Janice R., ruled 7-0 that a nonbiological parent should have visitation rights with the child.

According to the case [PDF], Janice R. was already pregnant through artificial insemination when she and Debra H. entered into a civil union in Vermont in 2003, but Janice R. refused to let Debra H. become her son's legal parent through adoption. Once they separated three years later, Janice R. allowed Debra H. to visit her son a few times a week, but then began scaling back visits and phone contact. Debra H. went to court once contact to Janice R.'s son had been completely severed.

Though the court eventually recognized Debra H.'s rights as a parent because of the civil union, the decision does not address the rights of parents in non-legal relationships. Law professor Nancy Polikoff told the Times, "It is a narrow victory that will help the children of couples who marry or enter civil unions, but it will not help the children of parents who don’t." The court also limited the rulings to leave it up to state legislature to decide whether to grant same-sex parents with full biological rights, which may not go so well in a state that's already voted down same-sex marriage.