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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.
©365Gay.com 2006
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