Tag Archives: parental rights

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 (2015), which held that it was unconstitutional for states to withhold the right to marry from same-sex couples, mean that male and female spouses must be presumed the legal parents of children born during the marriage? This court, unlike some others, answered a simple question with a simple answer: Yes. Let me explain the straightforward way in which the court reached that result.

Kimberly and Suzan legally married in California in 2008 and decided to have a family. Suzan unsuccessfully attempted to become pregnant with donor sperm, Kimberly successfully conceived and gave birth to a son in 2011.  The two women entered into a joint parenting agreement in which Kimberly agreed that she intended her wife to be an equal parent, sharing all rights and responsibilities for their son. After the child’s birth, Kimberly returned to work as a physician, while Suzan stayed home as the primary caregiver.  But when the two women broke up, Kimberly moved out of the joint home, with the child in tow.

 

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

When Friends Preside Over Weddings: Tennessee Fights the Online Ministers A small but interesting family law issue keeps popping up: Can ministers who are ordained online legally preside over marriages? Tennessee just passed...
Small Steps Forward: New York Legislature Increases Protections for Sexual Harassment Victims In October 2017, Harvey Weinstein was exposed by the New York Times as a sexual predator.  Before Harvey Weinstein, there had been, among others, Roge...
Junk Science, Junk Law: Eugenics and the Struggle Over Abortion Rights Last month, in an unsigned, per curiam opinion, Box v. Planned Parenthood, the Supreme Court considered whether two provisions of a new anti-abortion ...
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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 ...
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