News
2006-06-14
Nonbiological mom
can sue for parental rights in California
An appeals court
in California has given the green light to a lesbian who
is suing her former partner for parental rights to
An appeals court
in California has given the green light to a lesbian who
is suing her former partner for parental rights to the
daughter they had together. The ruling could have
broader implications for other gay couples facing
similar circumstances.
Two women
identified as Charisma R. and Kristina S. registered as
domestic partners in 2002. Kristina became pregnant through
artificial insemination and gave birth to a girl in
April 2003. Two months later, Kristina moved out of
the couple’s home, taking the baby with her. She
has allowed Charisma to see the baby only twice since then.
Charisma sued for
parental rights. But an Alameda County judge dismissed
the suit, saying she had no rights under state law. Last
week the California court of appeal reversed that
decision. The appeals court cited a state supreme
court ruling from last year that said that a lesbian
former partner has the same rights as a man in a similar
relationship. So now in order to gain parental rights,
Charisma will have to prove at trial that she
participated in the decision that her partner be
the one to conceive and that she fully accepted the
rights of parenthood. (Sirius OutQ)
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