LeGaL will ask the New York Court of Appeals to Review our LGBT Family Case
We are disappointed, and heartbroken, for our client, Tomeka, and for the many LGBT families across New York State whose recognition and right to parental security have been denied by today’s decision of the Appellate Division for the Fourth Department. Though Tomeka did not give birth to her child, Tomeka has been and remains the child’s parent in every way. Though the birth mother and the attorney for the child have also affirmed Tomeka’s role as parent, the Appellate Division has abandoned principles of justice and equity in favor of the biological father’s narrow and formalistic interpretation of the statute to only two parents. At the LGBT Bar Association of New York, we renew our commitment to advocating for the principles set forth in the Court of Appeals’ seminal 2016 case of Brooke B.: that families come in myriad forms and that the rights of non-biological/non-adoptive parents must be recognized and protected. We look forward to appealing this decision with our partner law firm, Nixon Peabody LLC, and continuing the fight for our client and the rights of LGBT parents across New York State.