Lara Embry (L.E.) and Kimberly Ryan (K.R.) are a female couple who had two children together in Washington. Each partner gave birth to one child, and each adopted her non-biological child through a second-parent adoption in Washington. The couple moved to Florida, and their relationship ended several years later. They entered into an agreement and successfully shared equal custody and visitation with both children until K.R. broke the agreement. Although the children had been raised together...
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parental rights
When Donna and Sharolyn brought their 9-year old daughter to the emergency room, hospital staff refused to honor the daughter’s request to have both mothers with her and even physically blocked Donna and Sharolyn from trading places so that Donna could comfort their daughter. After NCLR advocated on Donna and Sharolyn’s behalf, the hospital agreed to revise its non-discrimination policies, train its staff and issue a letter of apology to Donna, Sharolyn, and their...
T.L. and D.F., a lesbian couple, planned to have a child together. D.F. gave birth to their child, J.D.F. In order to protect the child’s relationship with both parents, the couple entered into a court-approved joint custody agreement. Several years later, T.L. and D.F. separated and agreed to share custody. But in 2004, Ohio’s anti-LGBTQ constitutional amendment excluding same-sex couples from marriage was passed. D.F. began to prevent T.L. from seeing their child, arguing that...
Marilyn Johnson and Nancy SooHoo raised two children together while living in Minnesota. When the couple broke up, Johnson unilaterally cut off contact between SooHoo and the children. The Minnesota Supreme Court held in 2007 that SooHoo was a person “in loco parentis” who had a parent-child relationship with the children, and found that it was in the children’s best interest to have visitation with SooHoo, whom they called “mommy.” In 2008, Johnson moved the...
Guadalupe “Lupita” Benitez was denied infertility treatment by her Southern California healthcare providers because she is a lesbian. The trial court rejected the doctors’ claim that they do not have to follow California’s anti-discrimination law because they have religious objections to serving lesbian patients. On December 5, 2005, the Court of Appeal reversed this decision and said that the doctors must be given an opportunity to demonstrate that their refusal to...
Represented by NCLR and the law firm of Orrick, Herrington & Sutcliffe LLP, Michael and Rich Butler, a San Jose couple, filed a lawsuit challenging the discriminatory policies of the for-profit websites Adoption.com and ParentProfiles.com after these businesses refused to post their profile online solely because they are a same-sex couple. The defendants’ websites, Adoption.com and ParentProfiles.com, charge fees for posting profiles of potential adoptive parents. Using the websites,...
L.W. and K.R. raised their child, A.W., together from the time that K.R. gave birth to him. After the couple split up, L.W. became the child’s sole caregiver. L.W. obtained a parentage judgment from a California court establishing that she is A.W.’s legal parent. L.W. is disabled and receives Social Security Disability Insurance (SSDI) benefits. The Social Security Act provides benefits for the children of people who receive SSDI, and L.W. applied for A.W. to receive benefits as...
B.F. and T.D., a lesbian couple, were in a committed relationship for seven years. When their attempts to get pregnant were unsuccessful, the couple decided to adopt. Because the availability of second parent adoptions is unclear in Kentucky, only T.D. adopted the child. For the next six years, the couple raised their child together. After the couple separated, however, T.D. cut off all contact between B.F. and the child, forcing B.F. to file for visitation. Both the trial court and the...
Angela G. and D.W., a lesbian couple, had a child together in 1998. After the couple separated, D.W. arbitrarily cut off all contact between Angela and the child, forcing Angela to file for custody. The trial court held that Angela was not a parent and had no right to any contact with the child. In June 2005, the California Court of Appeal reversed the trial court’s decision and held that Angela is a parent and has the right to seek custody. NCLR represented Angela in her appeal.
Kristine H. and Lisa R. had a child together using alternative insemination. Before the child was born, they petitioned a court to issue an order declaring both women to be the child’s legal parents. When the couple separated a few years later, however, Kristine challenged Lisa’s parental status and tried to prevent her from having any right to custody or visitation. In August 2005, the California Supreme Court ruled that Kristine was barred from challenging the court’s order...
