Meet the daddy.
Posted on 06/10/2006 9:06:48 PM PDT by NormsRevenge
A lesbian suing for parental rights over a daughter she had with a former partner is entitled to those rights if she meets several criteria for determining legal motherhood, a state appeals court ruled.
The woman must have been integral in planning the conception, raising the child, treating the child as her own and accepting the responsibilities of parenthood, the Court of Appeal panel in San Francisco decided Friday in a 3-0 ruling.
State law prefers for a child to be raised by two parents, and the child and parent are entitled to a relationship even if the parents are separated, said Justice Linda Gemello.
"Once you have that child together and you bring that baby home, you are both parents," said Shannon Minter, a lawyer for the plaintiff.
The case involves a woman identified only as Charisma R. who says her former partner, Kristina S., the child's birth mother who was artificially inseminated, moved away with their 3-month-old daughter in April 2003.
Kristina S. did not want to raise the child in a same-sex relationship, and as birth mother should decide how the child is raised, said her lawyer, Rena Lindevaldsen.
The appellate ruling reinstates Charisma R.'s 2004 lawsuit that was dismissed in Alameda County Superior Court. The judge must now decide whether Charisma R. qualifies as a second parent using the appellate court's guidelines.
The ruling follows a California Supreme Court decision last August granting full parental rights to same-sex partners regardless of their marital status or biological connection to the children. Those rights include custody and visitation, along with Social Security, health coverage and inheritances.
Oh, brother. How long will it be before posters show up to say that this is no different than heterosexual parents?
If this were a man, none of these factors would matter. The guy would be responsible for child support for the next 18 years.
Sure if she can prove she is the "mother" than she should have rights. The criteria should be a DNA test.
This is as stupid as the putting of both women on the birt certificate as parent 1 and parent 2.
i always thought that part of the reason for a birth certificate was you would know who the biological parents were. So you don't end up with sister marrying sister and so on and so forth.
The only way I see this as a possibility is if she donated the egg.
Oh, is that so?
And just where in California law passed by the legislature are those requirements?
Or did the court just make the law up based on whatever they felt like today?
A mother with sense. I hope she prevails - but they are from CA.
Meet the daddy.
"Or did the court just make the law up based on whatever they felt like today?"
That seems a silly question to me, of course they do. judicial activism is on the rise.
I always hate it when people say about two women or two men that "they" have a child, or it is "their" child.
WTF???
DB - list... :-(
Announcer: Todd is a part time employee at Petco. Bruce is a much-in-demand interior designer. They are here today in Gay Divorce Court to bring an end to their three month marriage amidst allegations of infidelity, heavy drug abuse and verbal assaults. Let’s join the court now as Judge Baxter Brownbutter adjudicates this painful breakup.
Todd: “….we were madly in love and I thought we’d be together for a lifetime. That all changed when my rectum prolapsed. Suddenly the magic was gone and the abuse began…”
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Marie Ball-Bustier has filed for divorce from her long time lover and short time spouse, Vaginitia Lackluster, claiming among other things that Ms. Lackluster has tried to impregnate her against her will and has taken to locking her in the car on family outings. Let’s now join the court as Judge Sans Spermatozoa solicits testimony in this emotional case.
Marie: Your honor, I’m a feminist/lesbian and I object to any intrusion into my bodily orifices because of my conviction that all heterosexual behavior is rape perpetrated by a patreo/judaeo/christo/mohammedo/capitalo societal framework embossed onto our collective consciousness by Republicans and their archetypical co-religionists.
So you can imagine my surprise when Vaginitia attempted to impregnate me with a commercial grade turkey baster and the sperm of a man whom I consider to be a psycho-historical revisionist.
Vaginitia: Your honor, for years I complied with Marie’s wishes concerning her physical apprehensions but now that we’re married I feel that I have a right to offspring. Since Marie’s my wife, I feel it’s her obligation to give me children…
Marie: I’m NOT the wife!
Vaginitia: You’re the wife…
Marie: NOT!!
Judge Sans Spermatozoa: Womyn, please! Since this is a new area of the law and we’re just making it up anyway, I feel that I have the discretionary latitude to assign roles in these matters. Ms. Ball-Bustier, you’re the wife…
Marie: NOT!!
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Give these sicko's more rights.
If I were the baby in this picture, my best bet might be adoption by a normal, loving couple.
Who would choose a lesbian mother over a decent dad and mom?
...a daughter she had with a former partner... "had"?
It sure seems to me that a lot of these gay "marriages" aren't working out.
So true!
Sounds like a euphemism for something that couldn't be printed in a family newspaper.
;-)
CA: Appeals court upholds rights for separated same-sex parents
Actually - the activist court
The court has redefined legally what use to be obvious whether it be biologically reality based or physically documented legally e.g. adoption papers...
The round hole necessitating the CONSTRUED square peg: State law prefers for a child to be raised by two parents, and the child and parent are entitled to a relationship even if the parents are separated, said Justice Linda Gemello.
What was once objectively obvious (a result of procreation) is now irrationally premised and defined according to rational criteria developed by a court (not the legislature)...
That which was CONSTRUED: A new leftist definition of parenthood that places biological parents on equal footing with anyone wishing to hire an attorney: must have been integral in planning the conception, raising the child, treating the child as their own and accepting the responsibilities of parenthood.
--- This ushers in polyparenthood -people suing people for possession of children REGARDLESS who the actual biological parents are and regardless what has always been presumed and assumed an exclusive right inherent, with any burden as to anything otherwise being upon the State or any other to prove...
The ultimate in moral relativity.
"Parent" can mean anything; therefore, nothing.
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