Tuesday, May 16, 2006

The De Facto Parent - Justices Shy Away From Gay Parent's Case

Declining to hear a Washington State court case the Supreme Court said Monday it would not block a lesbian from seeking parental rights to a child she helped raise with her longtime partner. The Washington State court had held that the non-biological “mother” could pursue ties to the girl as a "de facto parent."

http://www.washingtonpost.com/wp-dyn/content/article/2006/05/15/AR2006051500460.html

Eighteen states recognize "de facto parents" over the objections of fit biological parents, according to the biological mother's lawyers: Arizona, Arkansas, California, Colorado, Indiana, Kentucky, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Pennsylvania, Rhode Island, Utah, West Virginia, Washington and Wisconsin.

I don’t know whether these same states recognize non-biological dads like myself as the “natural” father under the law as New York State recognizes me but if these states do not I would expect / hope that DI Dads would be afforded such status under this “de facto parent” theory. If anybody knows the answers to this question for these states please let me know.

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