By Gilmer Law Firm PLLC – Brooklyn Family Law Attorneys
📍 15 MetroTech Center, 7th Floor, Brooklyn, NY 11201
📞 Call Now: 718-864-2011
In today’s evolving legal landscape, more New York families are formed through assisted reproduction, including same-sex couples and non-traditional parenting arrangements. But what happens when a relationship ends—and one parent isn’t biologically related to the child?
The landmark case Matter of Sabastian N. decided by Judge Mary G. Carney in March 2024, provides critical insight into how New York Family Courts recognize and protect non-biological parental rights, particularly in same-sex relationships. At Gilmer Law Firm PLLC, we serve clients across Brooklyn, including Downtown Brooklyn, Flatbush, and Park Slope, helping families resolve complicated parentage, custody, and visitation disputes.
📚 Background: A Same-Sex Parenting Dispute in Family Court
The case involved twin boys, Sabastian and Sullivan N., born in November 2019 through assisted reproduction. The birth mother, Lisa N., and her former partner Amy Z. had jointly planned the children’s conception and began raising them together as co-parents.
However, following the breakdown of their relationship, Lisa severed Amy’s contact with the children. In June 2023—three and a half years after the children’s birth—Amy filed petitions in Erie County Family Court under Article 5-C of the Family Court Act, seeking to be legally recognized as the children’s second parent.
⚖️ Key Legal Issues in the Case
1. Was Amy’s Petition Too Late? (Doctrine of Laches)
Lisa argued that Amy waited too long to assert her rights and that the delay should bar her claim under the legal doctrine of laches—a defense based on unfair delay and resulting prejudice.However, the court rejected this argument. Judge Carney found that Lisa failed to demonstrate that she had been prejudiced by Amy’s delay. The court emphasized that the timing of Amy’s filing, while delayed, was not unreasonable given the emotional and logistical complexity of the situation.
Legal takeaway: Laches can only block a petition when the delay harms the opposing party. In Sabastian N., no such harm was shown.
2. Did Amy and Lisa Agree to Raise the Children Together?
Yes. The court found clear and convincing evidence that Amy and Lisa had jointly agreed to conceive and raise the children as co-parents. Amy had actively participated in the assisted reproduction process, including selecting the sperm donor and attending medical appointments.
Photos, text messages, and testimony supported Amy’s claim that she had fully assumed the role of parent—taking on responsibilities such as feeding, bathing, reading to the children, and more.
Legal takeaway: A non-biological parent can establish legal parentage in New York if there is proof of a mutual agreement and ongoing involvement in the child’s life.
3. Was It in the Best Interests of the Children?
Family Court decisions in New York are always guided by the best interests of the child. In this case, Judge Carney recognized that the boys knew Amy as a parental figure and that restoring her relationship with them would serve their emotional and psychological well-being.
The court granted Amy full legal parental status, giving her the same rights and responsibilities as Lisa, including the right to seek custody and parenting time.
🏛️ Why This Case Matters for LGBTQ+ and Non-Biological Parents in Brooklyn
At Gilmer Law Firm PLLC, we frequently represent LGBTQ+ parents, unmarried co-parents, and individuals involved in assisted reproduction. Matter of Sabastian N. is a groundbreaking example of how courts are applying Article 5-C of the Family Court Act to protect the rights of non-biological parents—even when no formal adoption has occurred.
This case affirms that:
- Intent and involvement matter. A written or verbal agreement to co-parent, paired with active parenting, can establish legal parentage.
- Delay doesn’t always equal denial. Courts look at fairness and prejudice—not just the calendar.
- Same-sex and non-married parents are protected under New York’s evolving family law framework.
👩⚖️ Understanding Article 5-C: The Law Applied in This Case
Article 5-C of the Family Court Act allows individuals to seek a judgment of parentage when assisted reproduction is involved. It recognizes that families take many forms—and that legal protections must reflect modern realities.
Under Article 5-C, a person can be declared a legal parent if:
- They agreed to conceive the child through assisted reproduction with the birth parent, and
- They acted as a parent, assuming responsibilities and forming a parent-child bond.
This law is especially critical for:
- LGBTQ+ families
- Single intended parents using surrogacy
- Non-genetic co-parents
🌈 What Brooklyn Families Can Learn from Matter of Sabastian N.
Whether you’re a non-biological parent in a same-sex relationship, or you’ve conceived through IVF or surrogacy, you should be aware of your legal vulnerabilities—and your rights.
Here’s what you can do:
✅ Document Intent
Save text messages, emails, and written agreements that show you and your partner intended to co-parent. These can be critical in court.
✅ Participate Fully
Be present in the child’s life: attend appointments, provide care, and maintain daily involvement.
✅ Don’t Delay
If you’re cut off from a child you helped raise, seek legal advice immediately. Delays can complicate your claim, even if they don’t legally bar it.
✅ Consider a Parentage Judgment or Second-Parent Adoption
Even if everything is going well now, legal protections can help you avoid painful disputes in the future.
👨⚖️ Why Choose Gilmer Law Firm PLLC for Your Parentage Case?
At Gilmer Law Firm PLLC, we have extensive experience with:
- LGBTQ+ parental rights
- Article 5-C proceedings
- Unmarried and non-biological parent representation
- Child custody and visitation litigation
We believe that every parent who acts like a parent deserves to be treated like one. Whether you live in Crown Heights, Williamsburg, Bushwick, Clinton Hill or Bay Ridge, or other neighborhoods in New York City our team is ready to fight for your rights and your family’s future.
📞 Contact Us Today
If you’re facing a parentage dispute or want to proactively secure your rights as a non-biological or LGBTQ+ parent in New York, call our Brooklyn office today.
Gilmer Law Firm PLLC
📍 15 MetroTech Center, 7th Floor, Brooklyn, NY 11201
📞 Phone: 718-864-2011
🌐 Website: www.gilmerlegal.com
Proudly serving families across Brooklyn, including:
Downtown Brooklyn, Prospect Heights, Flatbush, Park Slope, Bed-Stuy, and more.
Let us help you protect what matters most—your relationship with your child.
