New York Appellate Court Ruling Impacts Same-Sex Couples

 A New York appellate court recently handed down a controversial decision when it ruled that a same-sex partner could be held liable for child support.  The case of H.M. v. E.T. involved a same-sex couple that chose to conceive a child through artificial insemination.  After the child's birth, E.T. wanted out of the relationship. H.M. sued alleging she had relied on E.T.'s promise that she would be around to help raise the child. The court agreed and ordered E.T. to pay support.

Some argue that this ruling unfairly punished E.T. for leaving the unfulfilling relationship especially because she had no involvement in the child's life.  The court viewed things differently.  Because the couple made the decision to have a child together, the court reasoned that both parents should be responsible for the care and upbringing of the child.  Similar rulings are handed down rather frequently in family court.  Often times, fathers are required to pay support even if their relationship with the mother ends early on in the child's life. 

On the other hand, this ruling could be viewed as a positive step for same-sex couples.  The distinctions between the treatment of heterosexual and same-sex couples are gradually dissolving, which supports the argument for same-sex marriage.  If the law treats heterosexual and same-sex couples the same with regard to child support, then it certainly should with regard to marriage.