Nonbiological mom
can sue for parental rights in California

An appeals court in California has given the green light to a lesbian who is suing her former partner for parental rights to the daughter they had together. The ruling could have broader implications for other gay couples facing similar circumstances.

Two women identified as Charisma R. and Kristina S. registered as domestic partners in 2002. Kristina became pregnant through artificial insemination and gave birth to a girl in April 2003. Two months later, Kristina moved out of the couple's home, taking the baby with her. She has allowed Charisma to see the baby only twice since then.

Charisma sued for parental rights. But an Alameda County judge dismissed the suit, saying she had no rights under state law. Last week the California court of appeal reversed that decision. The appeals court cited a state supreme court ruling from last year that said that a lesbian former partner has the same rights as a man in a similar relationship. So now in order to gain parental rights, Charisma will have to prove at trial that she participated in the decision that her partner be the one to conceive and that she fully accepted the rights of parenthood. (Sirius OutQ)