Beth R. v. Donna M.
Supreme Court of New York
853 N.Y.S.2d 501 (2008)
Beth R. (plaintiff) and Donna M. (defendant), a same-sex couple living in New York (which did not then license same-sex marriages), married in Toronto after Donna had already given birth to one daughter via artificial insemination and before she had a second. Although Donna never let Beth formally adopt either girl, both children called Beth "mom," took her last name, were covered by her insurance, and were named alongside her in mutual life-insurance and guardianship arrangements. When Donna sought to end the marriage, Beth filed for divorce and asked the court to determine her custody and support rights; Donna moved to dismiss, arguing the marriage itself was void under New York law.
Whether New York recognizes a same-sex marriage validly entered into in another jurisdiction, and whether the non-biological spouse who was treated as the children's parent — despite never adopting them — has standing to seek a determination of her custody and support rights.