A married same-sex Chemung County (Binghampton, New York) couple can rebuff an effort by a sperm donor to exert parental rights on the daughter born as a result of the arrangement.

A midlevel New York appeals court ruled in favor of the couple, suspending a decision by the Chemung County Family Court that originally ordered a paternity test to determine the donor's parental rights.

In a 19-page decision the New York Appellate Division, Third Judicial Department, said the lesbian couple has the same parental rights as a traditional couple in a sperm donor arrangement. The mother and wife are the presumed natural parents, the court ruled, and the donor has no specific legal right to be a part of the rearing of the child no matter how the child was conceived.

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