A divided Michigan Supreme Court ruled on July 24 that the “equitable-parent doctrine” should be extended to allow standing for a same-sex partner to seek custody of a child conceived and born before the U.S. Supreme Court decided in Obergefell v. Hodges, 576 U.S. 644 (2015), that same-sex couples have a constitutional right to marry. Pueblo v. Haas, 2023 WL 4717119, 2023 Mich. LEXIS 1124. However, to qualify for standing, the claimant will … <Read More>
de facto parents
Maryland High Court Adopts De Facto Parent Standing for Lesbian Co-Parents
Overruling a 2008 precedent and reversing lower court decisions in this case, the Court of Appeals of Maryland, that state’s highest court, ruled on July 7 that the same-sex spouse of a birth mother, who gave birth to their child shortly before they were married, has standing as a “de facto parent” to pursue custody and visitation in the context of their present divorce proceeding, even though she never adopted the child. Conover v. … <Read More>