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K.B. v. J.R.

Supreme Court of New York
26 Misc.3d 465 (N.Y. Sup. Ct. 2009)


K.B. was born a woman, but had lived as a man since he was 15 years old. J.R., aware of K.B.’s personal history, married K.B. K.B. and J.R. agreed that they would have a child via the artificial insemination of J.R. Subsequently, J.R. gave birth to a child, K.B., Jr. K.B. was listed as the child’s father on the birth certificate and all medical and school records. K.B., Jr. referred to K.B. as his father and J.R. as his mother. J.R. encouraged and participated in K.B.’s role as K.B., Jr.’s father. The relationship between K.B. and J.R. deteriorated, and J.R. left the marital home for a period of time, leaving K.B., Jr. in the sole care of K.B. Later, K.B. and J.R. consented to a declaratory order that their marriage was void. Each party filed a petition for custody of K.B., Jr. Specifically, J.R. argued that K.B. did not have standing to pursue custody, because K.B. was not K.B., Jr.’s biological parent.

Rule of Law


Holding and Reasoning (Morgenstern, J.)

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