Hey, there! Log in / Register

Both members of an umarried couple can be regarded as parents to children conceived through artificial insemnination even after they split up, court rules

The Supreme Judicial Court ruled today that the partner of an unmarried woman who conceives through artificial insemination can be designated a parent of the children even if they split up.

The ruling, which extends parental rights that previously were only guaranteed to members of married couples who split up, comes in the case of a woman who sought a declaration she was the parent of the two children her girlfriend had after in-vitro fertilization.

The state's highest court ruled that Karen Partanen deserved parental designation because she was, in fact, as much a parent to the two kids as Julie Gallagher, who bore them - she was a "presumed parent" under state law, who "received the child into their home and openly held out the child as their child." The court continued:

Though Partanen did not formally adopt the children, she participated in raising them from the time of their birth. Her participation included "waking for night-time feedings, bathing, meal preparation, grocery shopping, transportation to/from day care and school, staying home with the children during times of illness, clothes shopping, providing appropriate discipline as necessary, addressing their developmental needs, [and] comforting" them. Partanen was involved also "in all decisionmaking for the children," including in matters related to their education and healthcare. Partanen "provided [the children] consistent financial support," and both children referred to Partanen as "Mommy." Partanen and Gallagher represented themselves publicly as the children's parents in formal contexts such as at the children's schools and for medical appointments, as well as in their interactions with friends and family. They vacationed as a family, shared expenses, purchased joint assets, and sent family holiday cards.

AttachmentSize
PDF icon Complete Partanen ruling195.86 KB


Ad:


Like the job UHub is doing? Consider a contribution. Thanks!

Comments

The court far overstepped its bounds. Let the legislature write and change the laws.

up
Voting closed 0

What it sounds like they did is apply the rather aged legal principal that holds that if your parents are married when you are conceived or born, you are the parents regardless of biology.

I forget what this is called, but I have heard of it before and it seems to be a Commonwealth thing.

What it traditionally meant was that if you were married to a woman who had a baby while she was married to you, then you were the father even if you weren't the biological father, and could be expected to provide child support and have legal rights.

I think they just generalized that to same gender parents. They didn't make any laws. They applied existing laws.

up
Voting closed 0

... as this is being applied to NON-married parents. The issues as to married couples (whether same or opposite sex) and children conceived by artificial insemination had already been resolved.

up
Voting closed 0

The commonwealth already applied this to mixed gender parents who weren't married.

up
Voting closed 0

... of any sort could not invoke the presumption that children born to a married couple during the course of a valid are presumed (strongly -- no matter what the biological facts might be) to be the child of both parents. The granting of parental rights to a no-biological parent who is an unmarried partner of a biological mother does not rest on any sort of traditional, common law legal principle. (Not saying this means it is wrong, just that is not based on any long-standing legal concept).

up
Voting closed 0

Initially I misread it as the conception happening after they'd split up.

The text, however, is clear, and the judgment makes perfect sense.

up
Voting closed 0

Weird ruling.

So can a non biological 'parent' that is something like a step parent be pursued for child support after a beak up? Even if no adoption/custody agreements are made? Not so uncommon an issue.

up
Voting closed 0

I know plenty of heterosexual couples through work and my neighborhood who are unmarried and have children. The mother is obviously the parent, but the father is also a parent...even when they are unmarried.

If an unmarried heterosexual couple had their child through in-vitro fertilization or adoption, the male half would still be considered the parent, even without a biological connection, even without formal adoption paperwork because he had taken on the work of being a parent...child care, presenting the child(ren) as his to friends and family, homework help, playtime, paying for child-related expenses etc.

All this ruling does is state that a female who fulfills this role is *also* considered a parent because she has done the same activities that a male would have otherwise done in a heterosexual relationship.

In addition to allowing visitation/shared custody...this also means Ms. Partanen MUST PAY CHILD SUPPORT...something I'm sure she will be happy to do, since she considers these her children also.

Which is more than some men are willing to do...

up
Voting closed 0

No, a far more similar circumstance is a man unrelated to a child living with a woman (mother). In that circumstance if the two break up can the woman now sue for child support from a non genetic party? An unmarried couple that has a genetic child that is shared is already a clear cut scenario.

This could have ugly consequences.

up
Voting closed 0

I am personally acquainted with at least three families where a man is living in a "blended family" situation with a woman, they aren't married, and one or more of the children are not his biologically. I think, (though I admit I am not sure...) that if any of these families were to split up, the question of whether or not the man is responsible for child support for the children that are not biologically his, would center around the amount of time he *did* support them as a father figure, both in person and financially.

A year or less? No. And not fair.

Ten years or more? Maybe. How old were the children when he became the father figure?

In this particular case, the two women raised the children from infancy to what looks like early teens based on the dates in the ruling. Long enough in my opinion for any non-biologically connected person to be considered "family" at the very least...and a parent in this particular situation.

It's not something that can have a blanket rule for every family...it will need to be decided on a case-by-case basis and I hope any judge ruling on a similar case will be extra-careful of both what's fair, and what's best for the child/children.

As you say, it has the potential to have ugly consequences if a judge is not careful.

up
Voting closed 0

"Ten years or more? Maybe. How old were the children when he became the father figure?"

Moral of the story young men, do not move in with a woman that has kids with another man, you may be responsible for his progeny.

up
Voting closed 0