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A Win for Gay Mothers in New Mexico

A Win for Gay Mothers in New Mexico

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A woman will be able to reunite with her daughter now.

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New Mexico's highest court reversed a lower court ruling denying parental rights to a gay woman who helped raise and provide financially for her former partner's adopted child.

Bani Chatterjee on Friday was given legal parenting rights to her daughter by the New Mexico supreme court; lower courts said only an opposite-sex partner could be granted rights to a child they raised that wasn't theirs biologically. Chatterjee's former partner, Taya King, adopted a girl from a foreign country, but because of adoption discrimination, couldn't legally adopt the child with Chatterjee. So, while Chatterjee helped raised the girl and provided for her financially, Chatterjee had little recourse after she and King broke up and King took the child to Colorado.

The National Center for Lesbian Rights fought on behalf of Chatterjee; the victory sets an important precedent for gay parents in New Mexico.

"This is a tremendously important decision for our client and for many other families and children in New Mexico who have created stable, loving parent-child relationships that are not based on biology," NCLR Family Protection director Cathy Sakimura said in a statement. "The New Mexico supreme court affirmed that parentage statutes must be applied equally to protect children, regardless of their parents' marital status, gender, or sexual orientation."

Meanwhile, Chatterjee was overjoyed with the decision.

"It is so wonderful for my daughter and me to have our relationship recognized and respected," Chatterjee said in a statement. "After so many years of tension and uncertainty, this will help us all heal and move forward."

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Neal Broverman

Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.
Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.