Articles Posted in De Facto Parentage

Why Lesbian Co-Parents Still Live in Limbo

Although the parenting rights of people in same-sex couples have generally been on the rise—particularly in the wake of the Supreme Court’s 2015 ruling in Obergefell v. Hodges and the legalization nationwide of marriage by same-sex couples.  But a recent opinion from the Idaho Supreme Court, Doe v. Doe, is a reminder that the rights of lesbian co-parents remain in uncertain, particularly for couples who are not married. This case also illustrates the role the U.S. Constitution plays both in protecting parental rights and allocating them.

In the Idaho case, two women, known only as “Jane Doe” and “Jane Doe I” were in a non-marital, romantic relationship for four years before agreeing to start a family using an anonymous donor. Jane Doe I conceived and gave birth to a child, raised jointly with Jane Doe.  The court quickly relabels Jane Doe I as “Mother” and Jane Doe as “Partner,” presaging its legal conclusion that only one of these women—Mother—has rights to the child they jointly planned for and raised. According to the court, without the consent of “Mother,” “Partner” has no right to maintain a relationship with the child.

 

Resources

From Verdict

Separated at Birth: Federal Court Considers Whether Twins Can Be from Different Countries Ethan and Aiden shared a womb for nine months, were born four minutes apart, and, yet, in the eyes of the US State Department, did not share US citize...
Holy Dictum: Federal Judge Rejects Protection Against Transgender Discrimination in “Elegant Aside” What happens when parties do not disagree about a legal issue, but a judge feels like addressing it anyway? The result is dicta—proclamations about th...
On Anniversary of Roe v. Wade, New York Moves to Shore Up Reproductive Rights New York’s Governor Andrew Cuomo signed the Reproductive Health Act into law on January 22, 2019, the forty-sixth anniversary of the Supreme Court’s h...
View More

Tweets

Joanna Grossman
03/19/2019
Joanna Grossman
03/19/2019
Joanna Grossman
03/19/2019
Joanna Grossman
03/19/2019

From the Blog

Raising Arizona Babies Arizona Supreme Court in McLaughlin v. Jones was asked an increasingly familiar question: Does the US Supreme Court’s ruling in Obergefell v. Hodges ...
Why Lesbian Co-Parents Still Live in Limbo Although the parenting rights of people in same-sex couples have generally been on the rise—particularly in the wake of the Supreme Court’s 2015 rulin...
So Many Unanswered Questions about ART Assisted reproductive technology (ART) surrounds us. Courts are certainly not strangers to the parentage questions that can arise out from situations ...
View More

Publications

Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace

by Joanna L. Grossman

Buy

Inside the Castle: Law and the Family in 20th Century America

by Joanna L. Grossman and Lawrence M. Friedman

Buy

Gender & Law: Theory, Doctrine, Commentary, 7th Edition

by Katherine T. Bartlett, Deborah L. Rhode, and Joanna L. Grossman

Buy

Family Law in New York

Edited by Barbara Stark and Joanna L. Grossman

Buy

Gender Equality Dimensions of Women's Equal Citizenship

Edited by Linda C. McClain and Joanna L. Grossman

Buy