Mother Seeks to Terminate Former Lesbian Partner's Court-Ordered Visitation

By Christina Rentz

Published on September 07, 2005

Cheryl Barlow and Keri Lynn Jones were involved in a lesbian relationship for three years. During this time, the two women decided they wanted to raise a child together. After consulting with several attorneys and physicians, Cheryl became artificially inseminated with a donor's sperm and gave birth to a daughter.

The relationship ended when Cheryl discovered Keri Lynn was having an affair with another woman. Since the dissolution of the relationship, Cheryl says she has left the gay lifestyle and is seeking a relationship with a man.

Cheryl did not want Keri Lynn to have any contact with her daughter after the relationship ended, but a 3rd district judge granted visitation privileges to Keri Lynn. Cheryl says that, as a fit parent, she should have the ultimate decision about what is in the best interests of the child and is now appealing the lower court's decision.

This case has gained national attention because the decision could affect gay rights in Utah as well as the rights of all non-biological caretakers who are not recognized as the child's legal guardian. Utah legal experts say this decision could effectively expand or modify the legal doctrine of "in loco parentis" -- a legal concept that says an adult who is not a biological parent can still have a relationship with a child if it serves that child's best interest. Furthermore, some Utah lawmakers are concerned that, if the court allows Keri Lynn to retain her visitation rights, it could put the common law doctrine in opposition with the state constitution, which defines marriage as only between a man and woman.

Comment on this article →