California Supreme Court Defines Parental Rights For Gay and Lesbian Couples

By Christina Rentz

Published on August 23, 2005

The historic ruling comes in response to three cases concerning the child support and child custody rights of estranged lesbian partners who had willfully conceived and gave birth to children by means of artificial insemination.

The high court officially granted full parental rights to these women, stating that because the women had deliberately participated in the conception of these children, both partners had full rights of parenthood--including visitation privileges and obligation of child support payments.

In two of the three cases, the judgment was unanimous. In the third case, court was divided 4-2. In this case, Kim M. donated her eggs to her partner E.G., who gave birth to twins. With the relationship fell apart, Kim M. sued for parental rights. A lower court ruled that, because she had signed a contract terminating her parental rights before the birth of the twins, she was not a legal parent. The Supreme Court ruled the agreement was not binding because Kim M. was a biological parent and the two women had planned on raising the children together.

Gay rights advocates are hailing the ruling as historic and pioneering. This is the first instance of any U.S. court granting parental rights to both members of a gay or lesbian couple solely on the basis that both partners had knowingly planned and participated in the conception and rearing of the child.

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