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  • Writer's pictureJames Chau

Lesbian Couple and Custody Disputes

Updated: Oct 17, 2022

I read an interesting article taking place in Arizona about the new frontier of family law now that same sex marriage is a reality across the nation. In an interesting article a lesbian couple became pregnant via a sperm donor and where only one parent was the biological parent of the child. The non biological parent stayed home to raise the child thus forming an emotional bond with the child.

The relationship deteriorated and at the filing for divorce the biological parent sought to prevent the other parent from exercising any parental rights due to a lack of legal or biological connection to the child. The biological parent cited Arizona’s old law on paternity and successfully argued that the non biological parent had no legal connection to the child because she could not establish paternity. Presently the appeals Court in Arizona has sided with the biological parent. Once parentage is established then the Court can examine other factors such as "best interest" for the child and the bonding that has happened with the non biological parent and child.

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