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Mom can be ''Dad,'' California court says.
Publication:
Trial
Publication Date: 01-OCT-04 |
Format: Online - approximately 1159 words
Delivery: Immediate Online Access |
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Full Article Title: Mom can be ''Dad,'' California court says.(same-sex couple breakups) |
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Article Excerpt
A former partner in a lesbian relationship can use the presumed-father provision of California's Uniform Parentage Act (UPA) to establish legal parentage, a state appeals court has ruled. But that holding was tempered by the court's decision to void a prebirth judgment declaring both partners to be the parents of the child. (Kristine Renee H. v. Lisa Ann R., 16Cal.Rpm.3d 123 (Ct. App. 2004).)
The decision creates a dramatic split with other California appeals courts that have recently used the UPA to address parentage issues in similar cases involving same-sex relationships.
Kristine Renee H. and Lisa Ann R. were in a long-term relationship when they arranged for Kristine to be artificially inseminated. A month before their daughter was born, Kristine and Lisa sought and received a stipulated judgment from a family court, establishing parental rights for both women.
The couple split up two years later, and Kristines sought to vacate the judgment and terminate Lisa's status as a legal parent. The family court denied the motion and upheld the judgment, setting the matter...
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