Wednesday, July 2, 2014

Lack Of Biological Connection No Bar To Parent Status

The New Hampshire Supreme Court has held that a woman whose then-partner had a child through insemination of an anonymous sperm donor had adequately pleaded parentage of the child in guardianship and adoption proceedings.

Assuming the truth of Susan’s alleged facts, and construing all reasonable inferences in the light most favorable to her...we conclude that she adequately pleaded that she received Madelyn into her home and openly held Madelyn out as her child. She and Melissa planned to have and raise children together. They prepared Madelyn’s nursery together in the home they had jointly purchased because they "thought it would be a good place to raise a family." When Madelyn was born, Susan was in the delivery room. She alleges: "From the very beginning, Maddie, Melissa, and I were a family. Melissa was the ‘Mommy,’ and I was the ‘Momma.’ Together we were . . . Maddie’s parents, and Maddie was our daughter. I loved Maddie as my daughter, treated her as my daughter, and saw her as my daughter."

Susan’s allegations, taken as true, indicate that Melissa also regarded Susan as Madelyn’s parent as evidenced by, among other things, giving Susan a greeting card commemorating the "Birth of Our Baby," and including her as "Momma," and her parents as Madelyn’s grandparents, on Madelyn’s family tree. The allegations also indicate that Susan appeared "to the world" to be Madelyn’s parent. Madelyn shares Susan’s last name. Susan was named as a parent, along with Melissa, in birth announcements and in a church ceremony. Susan was named as a parent in Madelyn’s school and medical records, and was treated as a parent at Madelyn’s preschool.

The court concluded that the governing statutes apply equally to men and women and that the "lack of a biological connection" was not a bar to a parent-status claim. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/07/the-new-hampshire-supreme-court-has-held-that-a-woman-whose-then-partner-had-a-child.html

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