The California State Supreme Court issued historic rulings Monday, Aug. 22 in three cases involving children of same-sex parents and their legal status and relationships.
In each of the three cases—Elisa B. v. Superior Court, K.M. v. E.G. and Kristine H. v. Lisa R.—the California Supreme Court held that when a couple deliberately brings a child into the world through assisted reproduction, both partners are legal parents, regardless of gender or martial status. This ruling makes California's top court the first in the country to reach this conclusion.
The Family Pride Coalition filed amicus briefs in the Kristine H. case, and commends its coalition partners, the National Center for Lesbian Rights and Lambda Legal for its tireless work on behalf of LGBT parents and their children.
'These groundbreaking decisions will undoubtedly have impact and influence as courts in others states grapple with these issues,' said Jennifer Chrisler, executive director of the Family Pride Coalition. 'We commend the professionalism, commitment and absolute integrity of both Lambda Legal and the National Center for Lesbian Rights. These organizations—and their hard-working attorneys—have again been key in securing legal protections and responsibilities through the courts for our families and we are grateful for their efforts.'
In the Kristine H. case, a lesbian couple had a child utilizing assisted reproduction. Before the child was born, the two women sought out and were granted a court judgment which declared that both women were the legal parents of the child that was to be born to them. When the couple ended their relationship more than two years later, the birth parent filed an action to vacate the judgment and to have the court declare her as the child's only parent. This week's ruling held that both women are the child's legal parents.
In the case of K.M. v. E.G., a fertilized egg from K.M. was implanted in her partner, E.G., who gave birth to twins in 1996. When the two broke up in 2002, E.G. denied K.M. any access to the children and said she was the child's only parent. The top court's ruling held that both women are legal parents of the twins.
In the Elisa B. case, Emily B. and Elisa B. had children together using donor insemination with an anonymous donor. Emily gave birth to twins in 1998, one of which has Down Syndrome. After the children were born, the couple decided that Emily would stay home to care for the children and Elisa would be the family's breadwinner. When the two split up 18 months later, Elisa eventually cut off all contact and support, prompting Emily to apply for assistance from the state, which brought a child support action against Elisa. This week's ruling strongly affirmed the trial court's decision that Elisa is a legal parent who cannot simply walk away from her obligations to support the two children she agreed to bring into the world.
In these cases, the California Supreme Court held that 'a person who actively participates in bringing children into the world, takes the children into her home and holds them out as her own, and receives and enjoys the benefits of parenthood, should be responsible for the support of those children—regardless of her gender or sexual orientation.'
