Justices Protect Children Of California Same-Sex Couples

[norml]

Justices Protect Children Of California Same-Sex Couples

Last Updated:
08-22-05 at 1:53PM

SAN FRANCISCO (AP) - Same-sex couples who raise children are lawful parents and must provide for them if they break up, the California Supreme Court ruled Monday.

The precedent-setting decision puts former gay and lesbian couples on equal ground with unmarried heterosexual couples who break up and marks the latest decision by the court recognizing rights of same-sex couples.

The justices, ruling in three cases, announced for the first time that custody and child support laws that hold absent fathers accountable and protect children from the stigma of illegitimacy also apply to estranged gay and lesbian couples who used reproductive science to conceive.

In doing so, a Marin County woman was granted the right to be the second mother of twins after the birth mother moved out of state. The court also ruled that a lesbian woman cannot avoid paying child support for her former partner's biological children, and that another woman could not go to court to terminate the parental rights of her former lover, years after obtaining a court order stipulating they were both parents.


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http://www.kfmb.com/stories/story.21215.html

[VegasWolf]

1. Seems to me, fair Nuff!! nt

[jayctravis]

11. Child support also includes insurance...

and many insurance companies have been quite liberal in recognizing life partners.

Probably because it makes them money in the long run...but it's a win-win situation.

[TahitiNut]

2. Yup That's what I'd call "equal protection."

:thumbsup: ... along with military service! Register everyone for the draft!

[mom cat]

3. Equal rights + equal responsibilities....no problem here!

[MockSwede]

5. Messy

Sounds messy on an interpersonal level - like most divorces and what the kids have to put up with. But equally messy, at least.

[comsymp]

7. And no problem here, either!

That, in a nutshell, is the infamous Gay Agenda.
(should've posted a "spoiler" warning - sorry to disappoint lurking RWNs)

[David Zephyr]

4. As it should be. Sound ruling by the California Supreme Court.

:thumbsup:

[LincolnMcGrath]

6. Child Support comes full circle.

"a lesbian woman cannot avoid paying child support for her former partner's biological children"

snip; Emily B., the El Dorado County woman whose former lover, Elisa B., must now pay to support the children, said she might be able to get off of welfare now.

I am confused, were they together first and then decided to have kids?

[liberalhistorian]

8. From what I remember, yes, they were together

and decided to have children. Emily B. bore the children, and it was agreed that she would stay home to care for them. I think one of the children is handicapped, also, and requires a lot of physical and financial care. Elisa B. simply left the relationship and just dropped everything on Emily, despite their earlier commitment and agreements. This is a very fair, sound ruling and I'm glad to see it happening.

[TaleWgnDg]

10. Please see my post #9 in this DU thread . . . it's

.
Please see my post #9 in this DU thread . . . it's the first case that I itemized . . .

.

[TaleWgnDg]

9. CA Supreme Court (CA's highest court) uphold's same-sex rights . . .

.
3 cases, Supreme Court of California (California's highest court):

(1.) FAMILY LAW
Elisa B. v. Super. Ct. of El Dorado, No S125912 (Cal. August 22, 2005)
A woman who agreed to raise a child with her lesbian partner, supported her partner's artificial insemination using an anonymous donor, and received the resulting child into her home, is the child's parent under the Uniform Parentage Act and has an obligation to support the child.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s125912.doc (MSFT's OFFICE .doc format)

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/s125912.pdf (.pdf format)


(2.) FAMILY LAW
K.M. v. E.G., No S125643 (Cal. August 22, 2005)
A woman who provided ova to her lesbian partner, so that the partner
could bear children by means of in vitro fertilization, is a parent of those children.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s125643.doc (MSFT's OFFICE .doc format)

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/s125643.pdf (.pdf format)


(3.) CIVIL PROCEDURE, FAMILY LAW
Kristine H. v. Lisa R., No S126945 (Cal. August 22, 2005)
Plaintiff is estopped from challenging the validity of a stipulated
judgment which states that she and her partner in a lesbian relationship are the parents of child born to plaintiff.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s126945.doc (MSFT's OFFICE .doc format)

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/s126945.pdf (.pdf format)


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