H.M. v. E.T.

Balkin, J. (dissenting.)

As the twenty-first century unfolds, science and technology have unwittingly confronted and assailed the legal barriers comprising the term “family,” the resultant issues often reaching the courthouse steps before judicial precedent and legislation have created a clear footpath to be followed. Nontraditional family units have evolved and been recognized as de facto households, sheltering and supporting the children under their care.1 Regardless of the nature of the family unit, courts have increasingly been thrust into the forefront in order to provide a protective…