Parental rights upheld for same-sex partner

Parental rights upheld for same-sex partner

SAN FRANCISCO – A lesbian suing for parental rights over a daughter she had with a former partner is entitled to those rights if she meets several criteria for determining legal motherhood, a state appeals court ruled.

The woman must have been integral in planning the conception, raising the child, treating the child as her own and accepting the responsibilities of parenthood, the Court of Appeal panel in San Francisco decided Friday in a 3-0 ruling.

The case involves a woman identified only as Charisma R. who says her former partner, Kristina S., the child's birth mother who was artificially inseminated, moved away with their 3-month-old daughter in April 2003. Kristina S. did not want to raise the child in a same-sex relationship.

Associated Press

http://www.signonsandiego.com/uniontrib/20060611/news_1n11region.html (and scroll down)

..as general criteria, between both same-sex and heterosexual couples.

"Kristina S. did not want to raise the child in a same-sex relationship." So she changed her mind in the midst of the rethugs' assault on gay families...

:sarcasm:

<edited to include the sarcasm 'drip'>

More likely used it as an excuse she thought that would get her legal backing.

<now edited for clarity>

Another good argument for the legitimization (legitmatization means legalization "lex/legis" being the root of both legimitize and legalize, so don't anyone jump on me!) of same-sex relationships. Were they a "legal" couple then family courts would have had control of the custodial issues, not reliance upon the very strong present legal argument of "I am the birth mother and have relinguished no legal rights to the child. Her father is unknown. Therefore I have full custody."
Unless a court can persuade Ms. R. otherwise, unfortunately Ms. S. probably has the full backing of the US legal system, under statute, civil and common law behind her.
This is a flaw in our system that assumes that a family only consists of one man and one woman who are married and have their children in common through blood.