Monday, January 4, 2010

Lesbian Moms Fight for Custody of Child

Not sure if you read about this, but it has been going on for over a month now.

Two lesbians were married in Vermont where same sex marriage / civil union is legal. One of the women became pregnant through artificial insemination a few years later and gave birth. Some time during this union, the birth mother became a Christian and sought to leave the relationship, taking her daughter with her. The problem came when she denied her former partner the right to see the child. The partner went to court and was awarded custody since the birth mother was not allowing her former partner the right to see the child.

One of the big issues was that the mother moved to Virginia where same sex marriages / unions are not legal. The State of Virginia sided with the former partner stating it would not be an issue if they were a heterosexual couple.

If it was a heterosexual couple, would the non biological father have had the same rights? If a woman gets pregnant by another man while in a relationship, does the man have a right to visitation with the child? I am not sure if I have ever seen a case like this. If it was a case of infidelity, the father might not want custody, but in the case of artificial insemination, is he still considered the natural father? I am curious as to how this would have played out.

[Via http://aprisonerofconscience.wordpress.com]

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