Mother Sues Former Lesbian Partner For Child Support

By Brian Vargo

Published on July 22, 2005

Eliza B. and Emily B. were living together in El Dorado County in California when they decided they wanted to have a family. Using donor's sperm, Emily B. became pregnant and gave birth to twins in 1998. One of the twins was born with Down syndrome and required constant care.

After the birth of the twins, Eliza B. and Emily B. made a conscious change in their lifestyle. The jointly decided that Emily B. would stay home with the children while Eliza B. would be the family's sole breadwinner.

When the couple broke up 18 months later, Emily B. cut off all financial support, forcing her former partner to go on welfare. El Dorado County officials sued Eliza B. for the child support, but Eliza refused to pay, claiming she was not the child's father.

A trial court ruled that Eliza B. was not the children's legal father and, therefore, had no child support obligations. A state appeals court later decided that Eliza B. was obligated to pay child support. The court also ruled that Eliza B. should be granted visitation rights.

The court is set to go before the Supreme Court later this year. This case will have important legal repercussions for children born to gay couples. Currently, the state of California has clear laws governing the parental rights and responsibilities regarding children in similar situations born to unmarried heterosexual couples. This case will be crucial in determining if these laws extend to children of gay couples.

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