Dallas Voice (Dallas, Tex.), Vol. 15, No. 8, Ed. 1 Friday, June 19, 1998 Page: 13 of 76
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that this case should never have been in
Family Court and dismissed it for lack
of standing. They said as a non-parent
she basically has absolutely no rights
under New York law," Hunt said.
The case had been watched closely
because of its potential to break new
legal ground on the adoption rights of
unmarried partners.
Family Court Judge Bryan Hedges
decided in February to give the ex-part-
ner temporary visitation rights over the
objections of the child's birth mother,
who had been involved in a 17-year les-
bian relationship with the other woman
until their breakup last October.
According to Richard Alderman, the
ex-partner's lawyer, the women decid-
ed to have a child through artificial
insemination. The ex-partner claimed
she had a partial hysterectomy based
on her companion's promise to have a
child for both of them.
Together they planned for the birth
and agreed to share the rights and
responsibilities of child-rearing, Aider-
man said. The couple had a baby girl on
Sept. 17, 1993. The baby was given the
ex-partner's last name as her middle
name to signify her parenthood, Aider-
man said.
To protect the identity of the 4-year-
old child, authorities have asked that
the two women's names not be made
public.
In February 1997, the two women
jointly filed an adoption petition under
which the biological mother allegedly
agreed to give up her rights as a natur-
al parent so the two women could
adopt the child together as equal par-
ents. However, they ended their rela-
tionship before the adoption proceed-
ings were final. As a result, the ex-part-
ner has no standing in the custody mat-
ter, the appeals court ruled.
In its three-page decision, the
appeals court further said that under
New York law a biological parent's cus-
todial rights "cannot be denied unless
the nonparent can establish that the
parent has relinquished that right
because of surrender, abandonment,
persisting neglect, unfitness or other
like extraordinary circumstances."
The ex-partner failed to prove that
the mother had relinquished her cus-
tody rights. The appeals court said it
was "insufficient to show that the child
has bonded psychologically with the
nonparent."
Hunt said the ex-partner would not
have any access to the child.
"At this point in time, it's not in the
best interests of the child to have con-
tact with the ex-partner. Whether that
changes in the future is something I
can't comment on," she said.
Alderman could not be reached for
comment about the ruling. ▼
Couple at heart of landmark
adoption case recites vows
By Amy Westfeldt
Associated Press
NEWARK, N.J. — A gay couple
whose adoption of a 2-year-old boy
prompted a landmark change iri state
adoption laws will exchange vows in
an Episcopal ceremony this weekend.
Priests at the Episcopal Church of
the Atonement in Fair Lawn will con-
duct a Holy Union for Jon and Michael
Galluccio on Sunday.
"The word marriage won't be used
and the word wedding won't be used,
rs-L,
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but the other language will be very sim-
ilar," said Jon Galluccio, who changed
his name earlier this year from Jon
Holden.
The national church is divided over
same-gender unions. A proposal
endorsing the blessing of gay unions
lost in a nearly even vote at last year's
national convention.
But the diocese of Newark is one of
the most supportive of gays in the
nation, supporting same-gender unions
Continued on Next Page
DALLAS VOICE
JUNE 19, 1998
13
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Vercher, Dennis. Dallas Voice (Dallas, Tex.), Vol. 15, No. 8, Ed. 1 Friday, June 19, 1998, newspaper, June 19, 1998; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth616200/m1/13/?rotate=90: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.