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Brooke S.B. v. Elizabeth A.C.C.

New York Court of Appeals
61 N.E.3d 488 (2016)

Written by Nathan Benedict, JD

Facts

Brooke S.B. (plaintiff) and Elizabeth A.C.C. (defendant) began a relationship in 2006. At the time, same-sex couples could not marry in New York. The couple agreed to have a child. The parties entered a preconception agreement to conceive and raise the child as co-parents. In 2009, Elizabeth gave birth to a son who had been conceived through artificial insemination. In 2010, the relationship ended. Although Elizabeth initially allowed Brooke to have visitation, the relationship deteriorated, and in 2013, Elizabeth terminated contact. Brooke sued, seeking joint custody and visitation. Elizabeth moved to dismiss, arguing that Brooke was not a parent as defined by law and therefore lacked standing. The family court dismissed the petition, and the appellate court affirmed. The attorney for the child appealed.

Rule of Law

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Issue

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Holding and Reasoning (Abdus-Salaam, J.)

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A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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