The Extension of the Presumption of Legitimacy to Same-Sex Couples in New York

Authors

Alexandra Eisman, Benjamin N. Cardozo School of Law

Abstract

The note argues that the presumption of legitimacy, a cornerstone of family law, should be extended to same-sex couples to ensure legal equality and protect the rights of their children. It critiques the traditional application of the presumption, which excludes same-sex couples, and advocates for its evolution to align with modern legal trends and the best interests of children. The analysis emphasizes the importance of legislative and judicial action to address the disparities faced by same-sex families under current laws.

Disciplines

Evidence | Law | Law and Gender | Sexuality and the Law

Recommended Citation

Alexandra Eisman, The Extension of the Presumption of Legitimacy to Same-Sex Couples in New York, 19 Cardozo J. Equal Rts. & Soc. Just. 579 (2013).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol19/iss2/8