Lesbian Parents Given Custody Over Sperm Donor

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An Albany, New York appeals court ruled in favor of a lesbian couple who were looking to block a sperm donor from trying to take custody of their child.

The court blocked the donor from taking a test to determine his paternity of the child, according to the Albany Times-Union. The judge ruled that the parents were the presumed guardians through marriage and testing would provide stress to the child.

“[G]ranting the request of a sperm donor for a paternity test would effectively disrupt, if not destroy, this family unit and nullify the child’s established relationship with the wife, her other mother,” Justice Robert C. Mulvey wrote in his ruling. “Testing in these circumstances exposes children born into same-gender marriages to instability for no justifiable reason other than to provide a father-figure for children who already have two parents.”


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