Judge denies adoption to avoid undermining N.Y. same-sex marriage law

Jan. 29, 2014 at 6:12 PM

NEW YORK, Jan. 29 (UPI) -- A judge in New York City refused to allow a lesbian couple to legally adopt their son, saying it would undermine the state's same-sex marriage law.

Brooklyn Surrogate Court Judge Margarita Lopez Torres wrote in her decision the extra layer of legal protection sought by the couple "is neither necessary nor available" and would imply that "although legally recognized in this state, a same-sex marriage remains somehow insufficient to establish a parent-child relationship."

The women, identified in court records by their initials, A.C. and M.M., were married in Connecticut in 2011. M.M. gave birth to a son, Sebastian, that year, and the couple sought extra parental protection in case of medical emergency or a move to a state not recognizing the marriage, the New York Daily News reported Wednesday.

The couple's lawyer, Michael DiMauro, said they had expected the judge to quickly approve their request.

"While this should be considered a tremendous victory for same-sex couples, it leaves a lot of trepidation," DiMauro said.

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