Elisa and Emily had twins together while they were in a committed relationship. One of the twins has Down Syndrome and requires round-the-clock medical care. After Elisa and Emily separated, Elisa, the non-biological mother, stopped visiting the twins or providing any financial support.

In August 2005, the California Supreme Court held that Elisa is a legal parent and must pay child support. The Court ruled that when a same-sex couple has a child through assisted reproduction, both partners are legal parents, regardless of their gender, sexual orientation, or marital status. NCLR represented Emily before the California Supreme Court.