Why is there even a case? Janet Jenkins had not adopted the child, is obviously not the biological father, and split from the girls biological mother.
If I had a child, married a man not her father, and then we divorced, he would have no claim to my child. So why does this Lesbian get special treatment?
IIRC, Lisa Miller had the baby when she and Jenkins were together, as agreed between them.
So it would be more like, a woman and a sterile man in a relationship decide to that the woman should have a baby via artificial insemination, and then she leaves the relationship, without the man ever having established a formal legal relationship with the child.
There was a case in NJ where a man turned out not to be the biological father of a child he had thought was his, but decided to fight for custody anyway, and won.