After agreeing to serve as a known sperm donor for a child to be raised by two women, Thomas S. brought a paternity action and request for visitation. Paternity was granted on appeal and the case has been remanded for a hearing on visitation rights. In this case, and in others dealing with similar issues, understanding of and respect for the realities of alternative family structures are lacking. Language in testimony refers to the sperm donor as the "father" as if fatherhood was a biologically defined role instead of a legal and social role. On the other hand, although the court referred to the two women as "lifetime companions" and "domestic partners", it refused to recognize the relationship that existed between the children and their non-biological mothers.

Likewise, New York's Artificial Insemination Statute (Domestic Relations Law 73) is discriminatory against nonmarried people. It allows the husband to be deemed the father while the sperm donor gives up all rights to paternity. The author proposes that all references to husband and wife be struck from the statue thereby allowing equal treatment to all people seeking to create families. Similarly, access to anonymous artificial insemination by non- married people is often denied, in violation of civil rights laws which are generally not enforced.