Recently, a woman filed a lawsuit seeking to be recognized as Blue Ivy Carter’s legal mother. The woman alleges that she in fact gave birth to Beyonce and Jay-Z’s famous daughter. While it appears unlikely the suit will proceed much further based upon the lack of evidence surrounding the claims, the suit is a unique one that explores interesting issues of parentage in non-traditional families. The lawsuit is a rare challenge to legal maternity. Generally, we know who gave birth to a child and, outside of valid surrogacy arrangements, the woman who gave birth to a child is the child’s natural mother. However, questions about parentage—who are the child’s legal parents—have become far more complicated with the increase in non-marital childbearing, reproductive technology, and parenting by same-sex couples.
One reoccurring parentage questions that arises is whether a partner in a same-sex relationship who jointly plans for and co-parents a child born to the other partner should be recognized as the biological mother. States have reached different conclusions on the issue. The Supreme Court of New Hampshire ruled that yes, the child should equally be considered that of the non-birth giving partner. In other states, the same-sex co-parent can gain full legal status through second parent adoption. In states that recognize same-sex marriage, the co-parent will generally have legal parent status by virtue of being married to the biological mother.
In a smaller group of states, courts have recognized same-sex co-parents based on a co-parenting agreement with the biological mother. These courts side step the parentage question entirely and instead focus on whether there is sufficient agreement between the parties to result custody and visitation rights. Kansas has taken this stance. The Kansas Supreme Court addressed the issue of parentage in the 2013 case of Frazier v. Goudschaal. In that case, the defendant and plaintiff were in a long-term same-sex relationship during which they had two children using artificial insemination. At the time of the birth of each child, the couple executed a co-parenting agreement that addressed what would happen in the event of separation. The couple separated and one parent sought to move the children out of state, causing the other to file the action.
The district court awarded the parties joint legal custody of the children and established a parenting time order for Plaintiff. Plaintiff was also ordered to pay child support. The Kansas Supreme Court upheld the decision of the district court, finding that the co-parenting agreement was enforceable and therefore the non-biological partner was able to receive joint custody. In this manner, the Kansas court sidestepped the true issue of parentage of the children by focusing on the co-parenting relationship. By signing the co-parenting arrangement as the biological mother in this case did, she effectively waived her status as the sole parent.
As our definition of family continues to grow and evolve, novel legal issues surrounding parentage will continue to occur. For anyone with questions or concerns regarding parentage and custody should consult with a licensed family law attorney.
McDowell Chartered: Experienced and Innovative Kansas Family Law Attorneys
Navigating co-parenting and parental rights in non-traditional family settings can be complex. Often, these issues are novel to the Kansas courts. The Kansas Family Law Attorneys at McDowell Chartered are the knowledgeable, forward thinking, and innovative attorneys you need to tackle any complex family law matter. We at McDowell Chartered have decades of experience in the family law arena. We can assist in any family law matter. For attorneys with unmatched excellence, call McDowell Chartered today at (316) 269-0746 for an initial consultation.
