Everyone is wondering where Lisa Miller is hiding out with her daughter Isabella to avoid having to relinquish custody of the child to her former partner — and Isabella’s other mother — Janet Jenkins of Vermont.
But out on the West Coast, in Santa Cruz, Calif., Kim T. Smith and Maggie Quale have a custody matter of their own on their minds right now.
According to MercuryNews.com, Smith and Quale are former partners who had twin boys together through artificial insemination. The babies are now 10 months old, and since their birth, Smith and Quale have split up and Quale is now romantically involved with the man who was the sperm donor for the babies, Shawn Wallace.
Smith and Quale never registered as domestic partners with the state, but both Smith and Quale are listed as the babies’ parents on their birth certificates, and the babies have hyphenated last name of Quale-Smith. Smith wants joint custody, but Quale and Wallace say they should get to be the little boys’ only parents.
Family law attorney Deborah Wald, who is representating Smith along with the National Center for Lesbian Rights, said if Quale and Wallace win the custody battle it would set a “dangerous precedent for lesbians having children with assistance of known sperm donors.”
Quale’s lawyer, Darlene Kemp, says the case has nothing to do with sexual orientation or LGBT rights, and is just a legal dispute between two parties. She says Smith does not meet the legal criteria of a presumed parent.
Well, I am not sure what the legal criteria for being a “presumed parent” are in California. But surely the fact that Smith is listed as a parent on the babies’ birth certificate and the babies share her last name should carry some weight!
I am also wondering when the right-wingers are going to latch onto this case, as they have to the Jenkins-Miller case. Isn’t it funny how the same people who attack us for going against “traditional values” are the people who do their best to keep up from following those values by getting married and loving and caring for our children?
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