While national attention has focused on the recent Supreme Court decision, Obergefell v. Hodges, which legalized same-sex marriage, less attention has been paid to the aftermath: how will those same-sex couples, now legally married, use laws drafted for different-sex couples? This Note will focus on one of these conflicts: the children born to and adopted by same-sex couples, and the legal relationship between the couples and their children within the state of New York. As nontraditional families have become more prevalent, the law has lagged behind and families have been forced to apply outdated laws to new arrangements. This is often seen in relation to same-sex couples, whether married or unmarried, and their children. This Note will address the issue of same-sex parents who are forced to utilize New York’s laws and procedures which were designed for different-sex couples. Because of obvious biological differences—a same-sex couple cannot reproduce without outside involvement—the application of laws designed with only a father and mother in mind to same-sex couples will have unintended results.
Cardozo Law Review de·novo
Newman, Alexander, "Same-Sex Parenting Among a Patchwork of Laws: An Analysis of New York Same-Sex Parents’ Options for Gaining Legal Parental Status" (2016). Cardozo Law Review de•novo. 40.