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California Court
Lays
Ground Rules For Co-Parenting
by
365Gay.com from the Web, June 11, 2006
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San Francisco, California -- A
California appeals court has set out the guidelines under which a non-biological
parent can be considered a co-parent. The case involved a lesbian couple
who had split up with one of the women refusing to allow her ex-partner to have
visitation rights to the child they raised.
The other woman went to court, under a landmark ruling last year by the
California Supreme Court that said partners have equal rights and
responsibilities in raising and caring for the children.
The high court however, in ruling in three separate co-parenting cases, did not
establish a set of rules laying out the criteria for what constituted
co-parenting.
On Friday, in a separate case, the appeals court did just that. Writing
for the court, in a 3-0 ruling, Justice Linda Gemello said that a non biological
mother, to have co-parent rights, must have taken part in the decision for the
biological mother to conceive, and that she must have been involved in the
raising of the child, must have treated the child as her own and must have
accepted both the rights and the responsibilities of parenthood.
The ruling in the case, known as Charisma R. v. Kristina S. will make it
easier for other women to gain access to their children when a relationship
breaks up the National Center for Lesbian Rights said.
Charisma and Kristina were in a committed relationship for several years and had
a child together using an anonymous sperm donor.
Shortly after the child was born, Kristina abruptly left the couple’s home and
took their daughter with her. Over the course of three years, Kristina
allowed Charisma to see their daughter only twice.
With the help of the NCLR Charisma filed a petition asking the court to rule
that she is a legal parent in May, 2004.
The trial court dismissed her action, holding that only people who have a
biological or marital connection to a child can be legal parents.
In its decision Friday, the Court of Appeal reversed the trial court, citing
last year's California Supreme Court ruling. It was the first appellate
decision to apply the high court’s 2005 decision.
“I am delighted by the court’s decision,” said Deborah H. Wald, chairperson of
the National Center for Lesbian Rights’ National Family Law Advisory Committee.
Wald argued the case for Charisma on behalf of NCLR before the appeals court.
“Since before the child was born, Charisma has done everything in her power to
live up to her responsibilities as a parent. She deserves the opportunity
to maintain a relationship with her daughter. As the Court of Appeal
recognized, when two people use assisted reproduction to have a child together,
the law should recognize both partners as legal parents.”
The birth mother was represented by Liberty Counsel, a conservative group
fighting LGBT issues across the country. Attorney, Rena Lindevaldsen said
the ruling by the state Supreme Court was unconstitutional and it may seek
redress from the US Supreme Court.
The Supreme Court twice this year has declined to hear gay parenting cases.
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