(San Francisco, CA, June 1, 2012)—Today, the New Mexico Supreme Court issued a decision recognizing important new protections for non-biological mothers who are raising children with a same-sex partner. The Court held that a woman who raises a child with another woman and assumes parental and financial responsibility for the child can be a legal parent under New Mexico law, just as a male parent would be, regardless of whether she is a biological parent. National Center for Lesbian Rights...
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parental rights
(Sacramento, CA, February 24, 2012)—Senator Mark Leno today introduced legislation that reaffirms a family court judge’s ability to recognize parent-child relationships based on the evidence and what is in the best interests of the child. SB 1476 modernizes state law by giving courts the flexibility to protect children who have parent-child relationships with more than two people. A California judge recently ruled that it was in the best interests of a child to recognize that she had a...
There are thousands of children being raised by non-biological parents, and they deserve to be treated fairly. Yesterday, a California appeals court ruled that these families are protected under California law. A case called E.C. v. J.V. recognized the rights of a non-biological mother who had raised a child with her same-sex partner for five years. The court rightly said that what matters is the relationship that the child and the parent have with each other, even if they aren’t biologically...
(San Francisco, CA, December 7, 2011)—The case was brought by a woman, known as S.Y., who raised two children with her former same-sex partner. The children were legally adopted only by S.Y.’s partner, S.B. S.Y. did not adopt the children, primarily because she was in the military and could have been discharged under “Don’t Ask, Don’t Tell” if the military learned about her family. The Court of Appeal, applying longstanding California law, ruled last week that S.Y. should be recognized as a...
(San Francisco, August 5, 2011)—Today, Gov. Jerry Brown signed the Protection of Parent-Child Relationships Act (AB 1349). Authored by Assemblymember Jerry Hill (D-San Mateo) and sponsored by Equality California and the Association of California Adoption Lawyers (ACAL), the law allows the courts to determine who a child’s parents are in cases where there is both a non-biological parent and a man who has signed a voluntary declaration of paternity. “Parenting is more than just...
(San Francisco, August 9, 2011)—Today, the National Center for Lesbian Rights and Dewey & LeBoeuf LLP filed an amicus brief on behalf of leading family law, constitutional law and conflict of laws professors and legal experts asking the U.S. Supreme Court to review a decision by the Fifth Circuit Court of Appeals holding that Louisiana can discriminate against children born in Louisiana and adopted by unmarried parents in other states by refusing to issue them accurate birth certificates....
Debra H. and Janice R. were a same-sex couple living in New York who planned to have a child together and entered a Vermont civil union. After Janice gave birth to a child conceived through alternative insemination, Debra and Janice lived together and parented their child together for over two years. After the couple separated, Debra continued to visit the child regularly, until Janice cut off contact when the child was four-and-a-half years old. A trial court awarded Debra visitation, and...
Charisma R. and Kristina S. were in a committed relationship for 6 years. They decided to have children together, and Kristina gave birth to their child in 2003. They started a baby journal and sent out a joint birth announcement. Charisma and Kristina cared for their child together, and Charisma provided the primary care after Kristina returned to work. When their child was only a few months old, Kristina abruptly left their shared home and refused to allow Charisma to have any contact with...
California Court of Appeal ruling stands; Lesbian mother’s parental rights upheld (San Francisco, CA, February 22, 2010) — Today, the United States Supreme Court denied review in a custody dispute involving a non-biological lesbian mother whose former partner, the child’s biological mother, was seeking to strip her of any parental rights. “I am so grateful that my relationship with my six-year-old daughter is legally protected,” said Charisma. “I love my daughter dearly, and I am relieved the...
Kim Smith and Maggie Quale are two women who were in a committed romantic relationship for over two years. They held a commitment ceremony before family and friends in January 2008. They decided to have children together and, after Maggie was unable to get pregnant using sperm from a sperm bank, they ended up using a friend’s boyfriend as a sperm donor. Kim and Maggie paid the donor $540 for his sperm from their joint bank account. They had twins, and raised them together for...
