Alison D. v. Virginia M

In Alison D. v. Virginia M. (77 NY2d 651 [1991]), two women in a committed relationship decided to have a child. They agreed that Virginia would be artificially inseminated and bear the child. For about two and one-half years after the child's birth, they both raised the child as joint custodians. The parties then terminated their relationship. However, for another two or more years, Alison continued visitation with the child. The child referred to her, as well as to Virginia, as "mommy." Virginia then terminated Alison's nearly five-year relationship with the child. Alison petitioned for visitation which was denied by the trial court. In a per curiam opinion, the Court of Appeals held that there was no statutory basis for Alison's petition. They also declined to read "de facto" parent into the definition of parent in Domestic Relations Law 70. There was no mention of any constitutional right of the child or what might be in the child's best interest.